Around 2,000 Airbnb hosts in the Brussels-Capital Region were surprised last week when they learned that they had to pay thousands of euros in fines and retroactive payments of uncollected tourist tax. The hosts and company are blaming the capital's complex regulations.
The amounts to be paid quickly add up: a €1,000 fine per unregistered room, plus a tourist tax of €3 per night. As the tax authorities base their initial calculation on an assumed rental period of 365 days per year, the bill can run into thousands of euros, L'Echo and Le Soir reported.
"I was unaware that I needed to ask permission to rent out one of my rooms for a few days a month, and I have never received any information about this from Airbnb. I had no idea about this," one host who occasionally puts her spare room on Airbnb told The Brussels Times.
Anyone who wants to legally rent out accommodation in Brussels via a platform such as Booking.com or Airbnb must register their accommodation (whether it is one room in their own home or an entire property) with the Brussels Economy and Employment agency.
Slow and complicated
For this registration, a number of documents are required, including an urban development certificate proving that the property may be used as tourist accommodation. This applies to self-employed people and businesses, but also to private individuals.
To get the required certificate, most aspiring Airbnb hosts have to apply for "a change of residential use" with the municipality – often a slow and complicated process. However, running an unregistered tourist accommodation establishment is illegal, stressed the Brussels Economy and Employment agency.
Yet, many private hosts simply renting out a room every now and then have not registered their property and are therefore not paying the €3 per night tourist tax either. In many cases, this is not because they do not want to, but simply because they were unaware of the rules.
"It is not a business model for me. I have my room on the platform for €55 per night, but I only make €45-48 after I pay the Airbnb fees. The cleaning lady costs something like €30, so I don't really make money. But that is not my point either, I just want to meet interesting people," the host said. "I did not know I needed to do anything."
The Airbnb platform. Credit: Belga
Following a lengthy legal battle that went all the way to the European Court of Justice, Airbnb was required to transfer the needed data to the Brussels tax authorities in 2022, which resulted in the fines being issued. For 2022 alone, the total in fines is estimated at €1.5-2 million.
While a new ordinance on Airbnbs in Brussels was given the green light at the start of 2024, it is not yet in force. While it is expected to relax the rules for "occasional landlords" in the near future, more Airbnb hosts in the capital will likely face hefty additional tax assessments until then.
Another Airbnb operator told L'Echo that he always declared his Airbnb income to the tax authorities, but that he had never paid the tourist tax because he had not received approval from the Brussels Region. "Although everything was in order for security and fire safety, it was absolutely impossible to obtain the urban planning certificate."
"The Brussels-Capital Region created this situation itself," he stressed.
'Common-sense rules'
Airbnb agrees with the hosts and points the finger at the Brussels authorities, citing the "complex" regulations for hosts in the Capital Region, which are based on rules dating back to 2014. "Since then, local policymakers have shown little urgency in simplifying or strengthening the framework," a spokesperson for Airbnb Belgium told The Brussels Times.
"For years, we have advocated for common-sense rules that let Brussels' hosts rent occasionally in a legal and straightforward way. The current situation only reinforces the need for clear, balanced regulations on short-term rentals," they added.
Airbnb stressed that they remain "very open to dialogue" with local policymakers to help "shape rules that work for hosts, guests, and the local community alike."
Airbnb. Credit: Unsplash
While some hosts have said that they were not informed about certain obligations, Airbnb stressed that it "always informs hosts in Brussels of the need to comply with all applicable regulations when posting a listing on the platform."
"We are committed to supporting them in understanding and meeting local requirements, including through resources available in our Help Centre and regular communications about regulatory updates," they said.
Operators who have received a fine are given 31 days to request a correction (with the correct number of rental days) of the fines and outstanding tourist tax by providing supporting documents, such as Airbnb screenshots.
The Brussels Times contacted the office of Brussels Minister-President Rudi Vervoort (PS), who is in charge of Airbnb regulations, for a reaction, but did not receive a reply by the time of publication.
