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79% of Airbnb Listings In Barcelona Are Illegal

dkatana writes: Barcelona has more than 16,000 Airbnb listings and, according to reports on Cities of the Future, 79% could be illegal. "In April, Airbnb's European General Manager Jeroen Merchiers confirmed, during the Student Tourism Congress in Barcelona, that the platform has more than 85,000 listings in Spain alone." But most Airbnb hosts do not apply for a permit, fail to pay insurance and tourist tax, and ignore Catalonian law that forbids short-term rentals of rooms in private homes. "Residents," says the article, "had been complaining about the rising number of tourist apartments and the conduct of the mostly student-age renters. The majority from Italy, Germany and the UK were partying all night, some running around naked, and generally trashing their neighborhoods."

19 of 104 comments (clear)

  1. "Are" or "could be"? by mi · · Score: 2, Insightful

    Words have meanings — some times, they even have consequences. The title says:

    79% of Airbnb Listings In Barcelona Are Illegal

    The write-up says:

    79% could be illegal

    The former is a statement of fact and a serious allegation. The latter is just as non-committal and devoid of information as the (in)famous promise of Geico's advertising.

    Which is it?

    do not apply for a permit, fail to pay insurance and tourist tax, and ignore Catalonian law that forbids short-term rentals of rooms in private homes

    Phew... Malum prohibitum crimes: it is only wrong because it is illegal. Screw you, Statists, get back to enforcing the malum in se — you know, the kind of thing, that is illegal because it is wrong.

    --
    In Soviet Washington the swamp drains you.
    1. Re:"Are" or "could be"? by Nemyst · · Score: 2

      While I don't know the reason for a "tourist tax" or for the Catalonian law mentioned (there could be good reasons, or not), not having insurance sounds to me like a serious problem. You're hosting people, you should have all the required protection that lets you cover the cost if something bad happens.

    2. Re: "Are" or "could be"? by ThatsMyNick · · Score: 2

      But running around naked is illegal on its own right. It has nothing to do with unauthorized rental of homes or airbnb.

    3. Re:"Are" or "could be"? by krouic · · Score: 4, Informative

      Not sure how the tourist tax works in Catalonia, but here is how it works in Switzerland.
      A typical example is a ski resort, where in the non touristic seasons (winter, autumn) there are 500 permanent residents, while in the high seasons (winter, a bit less in summer), there are up to 5'000 residents. The 500 permanent residents have to provide, through their local taxes, the infrastructure (roads, energy, garbage collection, etc.) required for the 5'000 people in the high seasons, which is not fair. So the tourist tax is meant to correct this, a tax is due for each day a tourist spends at the resort, to finance the overall infrastructure. The hotels and rented flat owners have to collect this tax from their customers. Some include this tax in their overall prices, some others, to look cheaper, do not and charge the tax extra.

    4. Re: "Are" or "could be"? by Anonymous Coward · · Score: 2, Insightful

      Bullshit. All business are required to be insured to avoid people getting screwed by malpractice.

    5. Re:"Are" or "could be"? by roman_mir · · Score: 2

      First: it is false to assume people don't have insurance just because they did not pay for a government license.
      Second it is false to assume that a flat owner is unaware of the risks.
      Third not buying insurance does not in any way imply inability to pay for damages should that be necessary.

      It is you, who lives in a black and white world, where absence of a government seal means some kind of a problem and presence of a government seal means some type of a guarantee of quality or whatever.

      Individuals must be free to make individual decisions and live with any consequences.

    6. Re:"Are" or "could be"? by ultranova · · Score: 5, Insightful

      Not having insurance means this: the hotel industry lobbies the government to make competition illegal, that is all it is.

      According to the summary, the customers are "partying all night, some running around naked, and generally trashing their neighborhoods". The hotel industry is perfectly within their rights to demand everyone plays by the same rules. If you can figure out a better way to run a hotel, good for you; but if you simply figure out a new way to externalize the costs, you should be forced to eat them - and for Joe Average, that means licensing and insurance.

      As a side note, we have far too many people who want to be treated as business geniuses despite doing nothing but turning costs to externalities, and often even making them costlier in the process. It's that failure of human spirit that makes it impossible to have completely free markets.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    7. Re:"Are" or "could be"? by rtb61 · · Score: 2

      You kind of ignored the planning part, factually the most important part. People pay extra for homes in better, quieter more stable neighbours. Let's say MI the grandparent is a dick douche bag and wants to buy up a good neighbourhood cheap. No planning laws, so MI the dick douche bag buys one house a full price and starts renting it out for biker parties, every single night. Neighbours can do nothing because no planning laws and a driven out, new buyers don't want to buy in at full price because of stories about 7 day a week all night biker parties (and drugs and sexually aggressive behaviour and random acts of violence). So this enable MI the anti-planning dick douche bag to buy up all the properties cheap and voila shut down the biker parties and rent the properties at a high return.

      People go on holiday to party and because they are on holiday they party every single night they are physically able to. People pay extra to live in quite well behaved neighbourhoods. Inevitably MI dick douche bags turn up trying to exploit this for their own personal greed and those societies grab those arseholes fine the crap out of them and shut them down, whilst the MIs of the world bitterly complain about statism and their being prevented from exploiting every imaginable situation to their advantage and of course screw everyone else.

      --
      Chaos - everything, everywhere, everywhen
    8. Re:"Are" or "could be"? by ultranova · · Score: 3, Informative

      Somebody got drunk and noisy, so what?

      So your business is causing a disturbance that extends to my property. The noise and drunks are basically waste products of your business; you don't get to dump them on my lawn.

      People living in those houses never drink? Never get noisy?

      Sure they do, and when they do, the police comes to take the criminal scum away. But that doesn't work when you have a whole new customer lined up for the next night, and another one for the next, and another one...

      Are hotels covering tourist behaviour outside of hotel premises?

      Hotels are subject to zoning laws which generally put them into commercial districts, precisely for this reason.

      You are full of shit, just like this entire case.

      No, I'm simply defending my property rights. The hotels are defending their right to equality before law. The only one full of shit here is you, even by your own standards.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  2. Only in Barcelona? by Anonymous Coward · · Score: 3, Insightful

    Most (if not *all*) major cities in Western countries have laws regulating room/house rental. By going through Airbnb or similar services you just ignore those laws, allowing hosts not to pay any taxes, not to have any insurances, and so on. Where's the news in that? Why do they think so many people offer housing through it?

    I'm not happy with the amount of bureaucracy that one has to go through just to rent out a room for a couple of weeks, but on the other hand unreported/untaxed income for the host or lack of insurance for the guest is just *wrong*. Like with Uber, countries should move towards a simplified and more effective jurisdiction (as owning an hotel and renting a room for a week are pretty much different things), and then they can force Airbnb to give out the names of the hosts and start enforcing such laws.

    1. Re:Only in Barcelona? by Virtucon · · Score: 2

      Yes most western cities do have regulations about this and it's focused on two main issues. One, is that rents in urban areas is on the increase, places that are purchased and available for temporary rentals create over speculation and drive up demand, punishing residents with lower availability and higher prices for living accommodations. Two, as you indicated, they skirt local taxation laws which are draconian in nature but generate revenue just from a tourist being there. Most cities have a daily room rate and sales taxes imposed on a hotel room. This can be over 20%, for example, Baltimore 24% ( 9% + 15% ) on a daily room price just for being in the city. How one differentiates a local resident trying to make a buck or a speculator buying up places to let out to temporary tourists is at the heart of the matter, therefore a city just bans the activity altogether and then comes after those who provide the service, the tenants. Airbnb can of course obviate themselves from the matter because they just connect potential travelers with those who are willing to let them stay at their place for awhile. Legal entanglements can be sticky, but Airbnb essentially can walk taking it's money with them leaving the sub contractors to twist in the wind.

      “The bureaucracy is expanding to meet the needs of the expanding bureaucracy.” - Oscar Wilde

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    2. Re:Only in Barcelona? by AK+Marc · · Score: 2

      By going through Airbnb or similar services you just ignore those laws,

      Nope. Depends on the host. My host in Paris and Rome most certainly did more paperwork that looked to comply with the laws you imply. But the Venice host looked to be a student that flats elsewhere when "illegally" renting out his regular place.

      The one in Rome was an actual hotel, listed and registered as such, but doing AirBnB because it's a non-traditional hotel (more like a traditional BnB without breakfast), and AirBnB brings in non-traditional customers. Or the apartment complex in SG that uses AirBnB to help fill empty units until a permanent tenant can be found. Also doing business under hotel rules, as far as someone staying there can tell.

  3. Re:Running around naked by PPH · · Score: 4, Funny

    People can't just go running around naked, partying and trashing the neighborhood without paying the appropriate government fees.

    --
    Have gnu, will travel.
  4. Re:Running around naked by 93+Escort+Wagon · · Score: 2

    Yes, they should just accept their neighborhoods being trashed by naked, drunken idiots. Where do they think they live, some prudish town in the U.S.?

    --
    #DeleteChrome
  5. Re:What the fuck is Airbnb ?? by Virtucon · · Score: 4, Insightful

    It's supposed to be intrinsic knowledge when speaking of companies that really don't produce anything and introduce a business model based upon others taking the risk while they reap a profit. Uber and Lyft are examples of these kinds of companies. They're viewed as perfect investment models and have insane valuations based on hype rather than substance. Welcome to the new economic reality.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  6. Re:Running around naked by ColdWetDog · · Score: 2

    At least in the US, public nudity should be considered a violation of the Geneva Convention, the Smoot-Hawley Act, general concepts of decency and a Crime Against Nature.

    There is a reason that cultures uniformly (pun intended, I suppose) develop social norms that include clothing.

    --
    Faster! Faster! Faster would be better!
  7. Malum Prohibitum by Etherwalk · · Score: 2

    Screw you, Statists, get back to enforcing the malum in se — you know, the kind of thing, that is illegal because it is wrong.

    For a modern state to function, you need both kinds of law. Failure to pay taxes is malum prohibitum (bad because it is prohibited), but without paying taxes you don't have cops.

  8. AirBNB is hurting Barcelona, badly. by Anonymous Coward · · Score: 4, Informative

    I am an spaniard and I used to visit Barcelona regularly, is less than two hours by train from where I live.

    I can say without a doubt that AirBNB and the other “home-sharing” sites like Homeaway or Niumba are turning Barcelona into shit. Like a virus that eats its own host.

    Barcelona used to be a culturally vibrant city, but every day it resembles more and more a theme park. The city is simply not designed to accommodate this huge influx of tourism. Until 3-4 years ago, the city could more or less control the amount of tourism it received by limiting the number of hotel beds and private accommodations (“hostales” or “pensiones”). That way, the effects of tourism were limited to the massification of tourist attractions, and the effect was limited to the city center. And the negative effects of this floating population (strain on infrastructures, etc) was offset by a tax on each bed.
    If you were a resident, you could carry on with your life with only minor inconveniences, like increased traffic jams due to the high number of tourist buses.

    AirBNB has changed all that. By enabling an unlimited number of unregulated beds, spread everywhere, the number of tourists has boomed, and the quality of such tourism has plummeted. Long gone are the Japanese and european middle-aged families looking for a pleasant stay; all hail the drunken pissing, screaming, vomiting english and german kids and manchildren. It’s now a real problem.

    You have to remember that, unlike in America, everyone in Barcelona (even the very rich) live in flats. You have one key to your building, and one key to your flat. Now, if one of your neighbours decides to illegally rent one of these flats, that means that the keys to your building are being handed to random foreigners, and nothing can stop these ‘guests’ from pissing in your stairs, vomiting in your doorstep, and so on. And when you have to carry on with your 8-5 day job and have to support a family, is very difficult to do so when you have teenage dickheads screaming and drinking all night, seven nights a week, right below/over you, and you wake up to the smell of vomit and urine every day. You can’t sleep, you underperform in your work and your family suffers.

    Regulations exist for a reason. Tourism in a living city cannot self-regulate; this a Tragedy of the commons. AirBNB its hurting residents, its hurting legitimate and well-behaving tourists, and its replacing high-income tourism with the lowest of the low.
    For some reason , american companies operating outside America like to ignore local laws. In Barcelona, AirBNB has made a business plan of ignoring Barcelona city regulations. AirBNB is not breaking any law directly, but by refusing to hand out renters and hosts data to the city, its enabling this widespread problem.

    Residents are pissed for a reason. Recently they elected a new mayor that had vowed during the campaign to “crack down on the burden of tourism” That was three weeks ago so we'll see if that promise materializes or not.

    Some real, concrete changes that I have noticed as a long-time visitor of Barcelona:

    -Public parks like Parc Guell are no longer public, you have to pay to enter.
    -Huge queues for everything.
    -Overcrowding in all the main pedestrian streets, its not safe to walk anymore. Overcrowding in the beach also.
    -Public space taken by shitty street performers and shitty “manteros” selling chinese shit to tourists.
    -Pickpockets preying on drunk tourists everywhere.
    -Street violence, drunk english kids looking to pick a fight, clashes between police and drunkards
    -Prostitution in broad daylight in the city centre (!) As a mediterranean port city, prostitution has always been present, but not to these levels.
    -Drug traffickers posing as illegal alcohol street vendors ("lateros")
    -Old shops and commerces being replaced by shitty international chains

    1. Re: AirBNB is hurting Barcelona, badly. by Cinnamon+Beige · · Score: 2

      All problems in my city are of course the fault of illegal foreigners too. Racism never dies

      Actually, the problem is more that some cultures (and some individuals in other cultures) seem to view being a tourist in another country as a time to, well, drop all of your normal rules of behavior. Getting drunk and running amok is something you do when not home--at home you might exercise some moderation, or there'd be people who'd call you out on it whose authority you'd feel obligated to respect. (It's important to note that drunken behavior is only partially the actual effects of alcohol--a surprising amount of it is learned, which is why some countries don't have quite the same problems with alcohol as to them being drunk isn't seen as a 'license' for bad behavior.)

      It can get very awkward, very fast if you are in a group of friends going together on a trip...and you discover this way that part of your group sincerely believes that being away from home makes all sorts of bad behavior okay, especially if you're the type to get embarrassed and feel ashamed to be stuck with them.