Short-Term Rentals, Sirmione, and Tourist Accommodations: A Landmark Ruling from the Council of State has put an end to the bans imposed by local municipalities. This decision, which comes after a lengthy legal dispute lasting over three years, concerns the Municipality of Sirmione and its restrictive regulations on non-commercial tourist rentals. With ruling number 2928/2025, the Council of State has determined that municipal regulations cannot limit or prohibit these forms of rental, as there is no clear legal basis granting such authority to local administrations.
The case arose following the introduction in 2022 of a municipal regulation that imposed stricter quality requirements for properties intended for short-term rentals. The contested measures included the obligation to adapt apartments for people with disabilities and the provision of specific parking spaces. After an appeal was filed by property managers and private citizens, the Administrative Court of Brescia initially upheld the municipality’s restrictions. However, the judges have now clarified that non-commercial tourist rental activities are protected by the owner’s rights and contractual freedom, marking a significant victory for industry operators in the area.
