Holiday rentals in the Eifel: Getting started legally and securely

Article L-0157 · 29.10.2026 · 6 min. reading time · Joé Christian Ewrard

Is use as a holiday apartment permitted at all?

Occupying an apartment as a permanent residence and regularly letting it to changing holiday guests are not automatically considered the same uses under building law. What matters is not how you describe your offering. The decisive factors are the previously approved use, the development plan, the type of building zone and the specific manner in which you operate the property.

The Federal Land Use Ordinance classifies holiday apartments differently depending on their location and significance within the building. They may, for example, be treated as a non-disruptive commercial operation or as an accommodation business. However, this does not mean that every holiday apartment is permitted in every residential area. The building supervisory authority assesses each individual case. [Section 13a of the Federal Land Use Ordinance](https://www.gesetze-im-internet.de/baunvo/__13a.html)

Owners should proceed with particular care in the case of houses in outlying areas, former agricultural buildings and properties with older building permits. Such situations are common in the Eifel. Previous residential or agricultural use does not necessarily cover the accommodation of changing guests.

Therefore, before accepting the first booking, clarify in writing with the competent building supervisory authority whether a change of use is required. In Rheinland-Pfalz, depending on the location, the competent contacts are the district administration, municipal administration or the responsible association municipality administration. Even a change of use that does not require approval must comply with all public-law requirements. [Rheinland-Pfalz service portal on changes of use](https://service.rlp.de/detail?areaId=8956977&pstId=8968530)

What rules apply to condominiums, rented properties and communities of heirs?

For a condominium, reviewing the land register alone is not sufficient. You should also check the declaration of division, the community rules, existing agreements and valid resolutions of the condominium owners’ association. Letting the property is generally one of a condominium owner’s rights. However, a designated purpose or specific provision may restrict short-term rentals. Guests must also comply with the house rules and respect the rights of the other residents. [Condominium Act](https://www.gesetze-im-internet.de/woeigg/BJNR001750951.html)

Anyone who is merely a tenant should never begin holiday rentals without the landlord’s express consent. General permission to sublet does not necessarily cover repeatedly letting the property to changing holiday guests. Have the permitted scope recorded in writing.

In a community of heirs, the risk often begins not with the guest, but within the family. One co-heir wants to let the property, another wants to sell it and a third wants to use the house themselves. Before investing in furniture, booking platforms or alterations, it should be clarified who is authorised to make decisions, who signs contracts and how income, costs and work are distributed. Legal advice is advisable in the event of disputes or unclear powers of attorney.

In practice, a restriction is often discovered only after photos have been taken and the first bookings accepted. This can lead to cancellations and avoidable disputes. The private-law review should therefore take place at the outset, not during the season.

Which registrations are required before getting started?

Whether a business registration is required depends on the specific activity. The mere management of one’s own assets may be assessed differently from an operation offering hotel-like additional services, ongoing service or a more commercially oriented organisation. Contact the local trade office and describe the offering in full. This includes cleaning, laundry, breakfast, guest support and other services.

It is important to distinguish between different areas of law. A holiday apartment may be classified as a commercial operation under building law without this conclusively determining its assessment under trade or tax law. Conversely, a business registration does not replace approval under building law.

You should also ask the municipality or collective municipality about local by-laws. Depending on the location, tourist registration procedures, visitor’s taxes or spa taxes, as well as special registration obligations, may apply. These matters are not necessarily regulated uniformly in the Eifelkreis Bitburg-Prüm, in Trier and Trier-Saarburg, in the Vulkaneifel and in municipalities on the border with Luxemburg.

A housing misuse by-law may also be relevant. Rheinland-Pfalz allows municipalities, under certain conditions, to make the use of residential property as holiday accommodation subject to approval. Whether such a by-law applies at the specific location and which cases it covers must be checked with the competent municipality.

How is income from holiday rentals taxed?

Income from a holiday apartment must be included in the tax return. It is often income from renting and leasing. However, if the operation is organised like a hotel or offers extensive additional services, the activity may be classified as a commercial operation. This distinction affects not only income tax but potentially other tax obligations as well.

Short-term accommodation is treated differently for VAT purposes from the traditional long-term letting of residential property. Additional services may also be classified differently for tax purposes from accommodation alone. A tax adviser should assess whether the small-business VAT scheme applies, which invoice details are required and how individual services are treated based on your operating model. [German VAT Act on short-term accommodation](https://www.gesetze-im-internet.de/ustg_1980/BJNR119530979.html)

From the outset, document all income, agency fees, cleaning charges, personal occupancy and business-related expenses. Personal use and rental periods should be clearly separated in the calendar. Particularly for holiday homes with mixed use, this documentation may be important for the recognition of expenses for tax purposes.

In the border region with Luxemburg, it is sometimes wrongly assumed that the owner’s place of residence, place of work or nationality alone determines taxation. For real estate, the location of the property plays a significant role. Cross-border matters should therefore be referred at an early stage to a tax adviser familiar with both countries.

Which registration and data protection obligations apply to guests?

Special requirements under the Federal Registration Act apply to foreign guests staying at accommodation establishments. As a rule, they must sign a special registration form on the day of arrival and present a valid identity document. Operators must handle the required data correctly, retain the documents for one year after departure and then destroy them within the statutory period. [Federal Registration Act provisions on accommodation establishments](https://www.gesetze-im-internet.de/bmg/__29.html)

Municipal guest registrations or registrations for local charges must be distinguished from these requirements. You should therefore check both federal law and the requirements of the respective municipality. A booking platform does not automatically fulfil these obligations.

Only collect data that you need for bookings, contracts, billing or legal obligations. Inform guests clearly about how their data is processed. Booking lists, identification data and access codes should not be stored in publicly accessible folders or unprotected message threads. External cleaning services or property managers should only receive the information they actually need.

What should be included in booking terms and guest information?

A clear booking confirmation protects both parties. It should clearly state the accommodation, travel period, total price, payment method, included services and the terms for withdrawal and cancellation. Rules concerning the security deposit, damage, pets, smoking, number of guests and handover of the keys should also be visible before the contract is concluded.

Do not adopt the terms of a booking platform for direct bookings without reviewing them. Anyone acting commercially in dealings with consumers must comply with additional information requirements. Blanket clauses stipulating that every payment will be retained in the event of cancellation or that the guest is liable for all conceivable damage may be invalid. If necessary, have the contractual terms reviewed by a lawyer.

Describe the accommodation honestly. Steep access roads, narrow staircases, low ceilings, limited mobile phone reception or a remote location can be crucial in the Eifel. Information explained transparently before booking is less likely to result in complaints later. If, however, you conceal a significant limitation, disputes over a price reduction or refund can quickly arise.

How can safety and liability be managed?

Private residential building or contents insurance does not automatically provide full cover for holiday rentals. Inform the insurer in writing about the planned use before you begin. In particular, review risks relating to the building, contents, liability, loss of income and legal expenses. Cover for damage caused by guests should also be clearly established.

Structural safety involves more than a smoke alarm. Escape routes must be usable, stairs and railings safe, fireplaces inspected and technical systems properly maintained. The applicable requirements depend on the building and its approved type of use. Clarify any outstanding points with the building control authority, fire safety specialists, chimney sweep and insurer.

Clearly display contact details for someone who can be reached in an emergency. Guests should know where the fuse box, water shut-off valve and necessary safety equipment are located. Access codes should be changed after each change of guests or have a limited validity period.

How can you avoid disputes with neighbours?

The most common conflicts arise not from the rental itself, but from parking, rubbish, late-night arrivals, music, barbecue smoke and changing groups of guests. House rules only help if they are easy to understand and communicated consistently. Guests need clear information about parking spaces, quiet hours, waste separation and outdoor areas.

Inform your immediate neighbours objectively before you begin. Provide a telephone number where someone can be reached promptly if problems arise. This is not a request for permission, provided that no consent is legally required. However, it shows that you are taking responsibility.

A common practical mistake is managing the property from a considerable distance without a reliable person on site. If a key goes missing, the heating fails or guests park incorrectly at night, an available contact person is needed. Particularly in smaller Eifel communities, an unresolved problem spreads faster than a good explanation.

Take complaints seriously and document recurring incidents. If rules are repeatedly breached, you must adjust the occupancy plan, guest information or support arrangements. Persistent disturbances may have consequences under administrative or civil law. In the event of a specific neighbourhood dispute, a lawyer should review the situation.

Do not start with the listing, but with the property file. Gather the building permit, land register documents, declaration of division, insurance contracts and any existing statutes. Then clarify the type of use, municipal registration, taxes and guest registration with the respective competent authorities. A real estate agent can assess the documents and the regional situation; binding legal and tax questions should be addressed to the building control authority, a notary, a lawyer or a tax adviser.

Frequently Asked Questions

Do I always need a change-of-use permit for a holiday apartment?

Not necessarily, but the matter must be clarified before you begin. The decisive factors are the previously approved use, the development plan, the location and the specific accommodation concept. Written information from the competent building control authority provides considerably more certainty than a verbal assumption.

Do I have to register holiday letting as a business?

That depends on the scope and organisation of the activity. Simply letting your own property may be assessed differently from an offering with hotel-like services. The trade licensing office and a tax adviser should examine the specific case separately.

Can the owners’ association prohibit me from letting my property to holidaymakers?

The declaration of division, community rules, agreements, resolutions and the specific use are decisive. The legal situation can be complex in individual cases. Have disputed provisions reviewed by a lawyer specialising in condominium law.

Do I have to ask every guest to complete a registration form?

The Federal Registration Act provides for special registration requirements, particularly for foreign guests. Additional municipal guest registration requirements may also apply. You should therefore contact the local authority and comply with data protection and retention obligations.

What can I do if neighbours are concerned about noise?

Explain the letting concept, establish clear rules on quiet hours and parking, and name a contact person who can be reached. Respond quickly to specific complaints and document incidents. This will not prevent every conflict, but it usually makes resolving them easier.

Topics: holiday letting Eifel, registering a holiday apartment, change of use, holiday apartment tax, guest registration, neighbourhood law, Eifel real estate, letting and management

Responsible for this article: Joé Christian Ewrard — agency owner & Real Estate Agent IHK, PRIOCASA Immobilien & Finanzservice. Last updated: 29.10.2026. The draft was created with the support of artificial intelligence and reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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