Exactly 100 days after hundreds of local Airbnb hosts in Brussels were hit with €1,000 fines, many hosts say they are stuck in a bureaucratic maze of unclear communication and complex regulations – with no real solution in sight.
Beatrix is one of these hosts. She initially moved to Brussels to study, fell in love with the city, and never left. With her partner, she renovated an old loft in one of Brussels' beautiful historical buildings, which they now open up to travellers.
"I am a person who follows the rules, so it was a very unpleasant surprise to get a huge fine over the summer. I did not know I was doing anything wrong, but they make me feel like I am a criminal," Beatrix told The Brussels Times.
Like nearly 2,000 others, Beatrix received a €1,000 fine for her unregistered room, as well as a notice that she had to retroactively pay a tourist tax of €3 per night for anyone staying in her accommodation.
'A slap in the face'
Now, she finds herself stuck in an administrative nightmare. Brussels' rules on short-term rentals date back to 2014, and they have become increasingly difficult to comply with over the past decade, especially following the Airbnb boom in recent years.
"The regulations simply do not match reality," said Beatrix. "Some requirements – like certain fireproof doors or redundant electrical certificates – are impossible to get for us, incredibly costly, and in the end would not make our home any safer.”
If there is one thing the fines made clear for her, it's that there is a large gap between regulations and reality. "We rent out part of a protected building, dating back to 1927. The city has put rules in place for these kinds of buildings, so we are not even allowed to make any changes."
Beatrix is part of a WhatsApp group of local hosts, nearly all of whom were surprised by the letters and the fines they received over the summer. "For some, it was such a slap in the face that they decided to stop hosting completely."
Local Airbnb host Beatrix n the right. Credit: Belga/Beatrix
But that is not true for her and her partner; the couple have never had bad experiences as hosts, and they do not want to stop because of this. "Everything had been going wonderfully. We were happy hosts, but all of a sudden, the entire situation is turned upside down."
While she understands that Brussels want to regulate short-stay tourist accommodations, particularly following the recent surge in popularity, she suggested that the authorities would do better to focus on the companies.
"They buy up entire buildings to turn them into Airbnbs. That, to me, seems to be the problem. Not locals opening up their homes to give tourists an authentic Brussels experience," Beatrix said.
'Ignorance of the law is no excuse'
Airbnb, meanwhile, pointed the finger at the Brussels authorities, arguing that the "complex regulations for hosts in the Capital Region" are based on rules dating back to 2014. Since then, local policymakers have shown little urgency in simplifying or strengthening the framework, the company says.
“Anyone who wants to rent out a room or home in Brussels for just one day has to go through the same heavy procedure as a hotel operator. It makes no sense," an Airbnb spokesperson told The Brussels Times.
"The regulations in Brussels are extremely complex and have raised significant concerns among local hosts," he said, adding that Airbnb "looks forward" to working with the future regional government to craft and implement rules that work for hosts, while "ensuring that Brussels remains a vibrant and welcoming city for all."
Airbnb also claimed that it "always informs hosts in Brussels of the need to comply with all applicable regulations when posting a listing on the platform."
However, Beatrix and hundreds of other hosts who received the penalties over the summer all say that they had not been made aware of any rules she had to follow – neither by the Brussels authorities, nor by Airbnb.
Airbnb. Credit: Unsplash
Contacted by The Brussels Times, the office of outgoing Brussels Minister-President Rudi Vervoort (PS) – who has proposed several ordinances about Airbnb regulations in recent years – said that operating an unregistered tourist accommodation is illegal.
This is true regardless of whether the rental is regular or occasional, for one or more nights, a spokesperson for Vervoort said.
Accommodation must be registered with the Brussels Economy and Employment agency (BEE) before it is rented out. "This is not new. It is stipulated in the ordinance of 8 May 2014," the spokesperson added. "If unregistered or in violation of planning regulations, operators of these tourist properties are subject to fines."
"It is worth remembering that ignorance of the law is no excuse. Especially since the ongoing process of drafting the new legislation has brought these obligations back into the spotlight," she stressed. All the necessary information is available on the BEE website, and a frequently asked questions (FAQ) section has also been created to help operators.
David vs Goliath
Last month, hundreds of Brussels Airbnb hosts filed a complaint with the regional tax authorities to contest the penalties, arguing that they never tried to dodge taxes and acted in good faith.
Beatrix also considered taking the fines to court, but decided against it in the end. "I am only a small person, going up against such a big entity. It feels a bit like David and Goliath."
Had she had all the information up front, she claims she would have been able to factor the extra costs into her decision to start an Airbnb – instead of having to find out after. "If we had had this info from the beginning, we would have known what we were getting into. Now, we have to find out when the damage is done."
Still, Beatrix wants to continue with her Airbnb activities in future. "Our problem is not having to pay taxes, it's the misregulation and bad communication that resulted in the nasty surprise over the summer. But our passion for hosting does not go away."
