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CASE LAW

Short-term rentals in historic centres: Tuscany TAR confirms municipal planning powers

In judgment no. 1752 of 9 September 2026, Tuscany’s Regional Administrative Court (TAR) held that a Municipality may use its planning instruments to restrict the establishment of new short-term tourist rentals and non-hotel accommodation businesses in specially protected areas, such as Florence’s UNESCO historic centre.

The key point: the judgment does not create a nationwide ban on short-term rentals. It confirms that a Municipality may adopt local restrictions where they form part of its planning framework and are supported by adequate reasons and public-interest objectives.

What the Court accepted

The Court held that municipal planning may impose conditions, restrictions and even prohibitions on new temporary residential uses in defined areas. In the case before it, the stated aims included protecting permanent residency, urban liveability, the identity of the historic centre and the territorial balance.

The judgment concerns Florence and a specific planning scheme. It does not mean that every Municipality may impose an informal ban, or that the same rules already apply throughout Italy. The local instrument governing the relevant area and property must always be identified.

The date on which the use was established also matters

The judgment also addresses when the planning use is treated as established. For the purpose of the new restrictions, this coincides with the formation of the building or planning authorisation permitting that use — for example, a building SCIA — and not necessarily with the later date on which the accommodation activity actually began.

An authorisation formed before the restrictive rules were adopted may therefore be decisive. A general intention to rent is not enough: the documents, dates and legal adequacy of the authorisation must be assessed in the individual case.

Checks to make before opening

  • the property’s designated use and use category;
  • the Municipal Operational Plan, technical rules and other local planning provisions;
  • any UNESCO perimeter or other specially regulated area;
  • the date and content of any existing building or planning authorisations;
  • the distinction between a tourist rental and a non-hotel accommodation business.
AIBBA note: this is a first-instance judgment concerning a specific dispute. It is important for the approach expressed by the Court, but it does not replace a review of local instruments and may be appealed.

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