Rental platforms bear more responsibility when renting to tourists

Under the Residential Tourist Rental Act, municipalities can require landlords to use a registration number, impose a maximum number of rental nights, and issue hefty fines (up to 87,000 euros for repeated housing fraud). Furthermore, since July 1, 2021, platforms such as Airbnb and Booking.com bear more responsibility: they must inform providers and block listings without a registration number where required.

Platforms such as Airbnb, Expedia, and Booking.com are playing an increasingly large role in tourist rentals. In addition to hotels, more and more private individuals are also offering rooms, which sometimes causes problems. The legislator has intervened in response to this.

Municipalities gain more clout

Under the Residential Tourist Rental Act, municipalities—where housing shortages or livability are under pressure—can require landlords to apply for a registration number. That number must be included with every advertisement, whether it is a notice in a shop or an Airbnb listing. This allows municipalities to gain insight into the supply, take faster action in the event of nuisance, and ensures that tourist tax is collected more efficiently. A municipality can also impose a maximum number of rental nights per year.

Previously, the municipality had to ask the platform for the provider's details for every advertisement; for enforcement, this makes a world of difference. Amsterdam was the first to introduce the registration requirement, including for B&Bs and short-stay accommodations. Offenders face heavy fines: in the case of repeated housing fraud (such as renting out for more nights than permitted each time), administrative fines can amount to up to 87,000 euros.

Platforms bear more responsibility

Since July 1, 2021, more responsibility lies with platforms such as Airbnb and Booking.com. They must:

• inform providers about the applicable laws and regulations;
• making it impossible to publish advertisements without a registration number in municipalities where that number is mandatory;
• at the request of a municipality, no longer make properties bookable, for example if the maximum number of nights has been reached.

More and more rules for internet platforms

This obligation could not simply be introduced: such platforms fall under the European Electronic Commerce Directive, which grants them considerable economic freedom. Restrictive rules are permitted only in a limited number of cases, and therefore the European Commission had to give its approval first. The Netherlands is the first country to successfully complete that procedure.

Platforms such as Uber, Airbnb, and VRBO rapidly conquered the world, while the legal framework was not prepared for this. It is a general trend—also at the European level—to regulate these platforms more strictly. Consider the Platform-to-Business Regulation with transparency requirements and better dispute resolution.

Frequently Asked Questions

Do I need a registration number to rent out my home to tourists?

In municipalities that have introduced the registration requirement, yes. You must then include the number with every advertisement, regardless of the platform or medium.

What fine do I risk for housing fraud?

For repeated violations, such as too many rental nights, administrative fines can amount to up to 87,000 euros.

What do platforms like Airbnb have to do since July 1, 2021?

Inform providers about the rules and block advertisements without a mandatory registration number, and, at the request of the municipality, no longer make properties bookable.

Legal advice regarding renting out or your own platform?

Do you want to offer tourist accommodation or set up an internet platform? The legal experts at MKB Juristen advise you on the rules and documents. View our expertise in real estate law or schedule a free intake consultation .