This week, members of STR-Belgium and professional actors in the Tourist Residence sector will petition the Court of First Instance to obtain their Urban Planning Conformity Certificate.
Let’s recall some fundamental points of the case:
- Based on a European benchmarking exercise conducted among our peers within the European Holiday Home Association (EHHA), it appears that the Brussels-Capital Region is an exception in classifying tourist residences (a category under its economic regulation, namely the Ordinance of 8 May 2014 on tourist accommodation) as “hotel” under its urban planning regulation (PRAS – Regional Land Use Plan). Almost everywhere else in Europe, tourist residences remain classified as “residential” from an urban planning perspective. The Region itself has acknowledged that its planning regulation is outdated (it dates back to 2001, well before the remarkable growth of tourist residences driven by the various booking platforms), as evidenced by the work on the PRAS revision launched by Perspective Brussels (Share the City). We therefore advocate for the tourist residence category to be fully recognized as such within the PRAS, and for the Government to logically align its economic and urban planning regulations. With the announced revision of the PRAS and the Master Development Plans (PAD), the Brussels Government in any case has the tools to implement a proportionate quota mechanism, as advocated by STR-Belgium. Can we therefore hope for a change of direction from the Government of the Brussels-Capital Region and its related authorities?
- While the current regulation clearly brings undisguised satisfaction to certain Brussels hotel lobbies, it is worth recalling once again that the tourist residence sector is simply asking for the right to exist, whereas hotels are asking for the right to expand. While the latter request is of course just as legitimate as the former, they should not, however, be treated in the same way. We should also recall the basic law of supply and demand in this regard, as well as the striking figures published by the European Commission. Finally, the position of our Italian counterpart, Marco Celani, President of AIGAB – Associazione Italiana Gestori Affitti Brevi – the Italian equivalent of STR-Belgium[1], is particularly inspiring in this respect: no, a tourist residence is not a hotel. STR-Belgium supports the concept of a Same Level Playing Field advocated by Hotrec, but this balance must be ensured at every stage of the legislative process, from its drafting to its implementation. As the 2024 elections approach, will the Government of the Brussels-Capital Region and its related bodies finally understand that the draft new ordinance for the tourist accommodation sector must be developed with STR-Belgium as a key partner?
- STR-Belgium is calling for genuine regulation of the sector at the European level and welcomes the European Commission’s initiative in this regard, while very clearly reiterating one fundamental point: this is not about empowering non-proportionate regional or local regulations (in the Brussels context: an absolutely disproportionate prohibition policy justified by unquantified or partial political—indeed demagogic—interests, under pressure from competing sector lobbies). In this respect, it should also be recalled that the Government of the Brussels-Capital Region applies a generic ordinance without differentiation across the territory of its 19 municipalities, which is more than likely contrary to European law (see the ruling of the Court of Justice of the European Union). For the record, there are numerous examples across Europe where disproportionate local regulations have been overturned—see, for instance, the cases of Valencia (Spain) or Amsterdam, as well as the position taken by the Brussels Court of Appeal regarding the Brussels case.
We will keep you informed of further developments.
[1] The short-term rental sector in Italy represents approximately €11 billion in booking value, with an induced GDP of €44 billion. Has the Government of the Brussels-Capital Region carried out any assessment of the added value generated by the tourist residence category within its territory?
