26 October 2026

Short-Term Rentals in the City of Zurich: New Permit Requirement for Airbnb Accommodations and Business Apartments

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Since September 1, 2026, stricter rules have applied to commercial short-term rentals in the City of Zurich: Uses as business apartments and Airbnb accommodations can no longer be counted toward the prescribed minimum residential share.

  • Simone Dubs

    Senior Legal Associate

  • Dr. Christoph Nater

    Legal Partner

I. Business Apartments and Airbnb Accommodations in Zurich: Public Building Law as a New Regulatory Tool

The debate surrounding Airbnb accommodations, business apartments, and other forms of commercial short-term rental is not new in Swiss cities. What is new, however, is that Zurich is regulating this practice through public building law, based on a new Federal Supreme Court ruling.

Following this Federal Supreme Court ruling, the City of Zurich now has an effective instrument to restrict commercial short-term rentals. Since September 1, 2026, the partial revision of the Building and Zoning Regulations (BZO), entitled “Exclusion from the Residential Share Calculation,” has been in force, with already noticeable consequences for property owners and business apartment providers.

Under this partial revision, uses such as private second homes or business apartments can no longer be counted toward the residential share going forward if they are rented for periods of less than one year and no residence is registered at that address.

II. The Legal Basis: A Question of Zoning Compliance

The partial revision of the BZO provides that apartments rented for limited periods, such as Airbnb accommodations or business apartments, may no longer be counted toward the minimum residential share prescribed in residential zones if they are regularly rented commercially for less than one year. An appeal was filed against this zoning revision. The Federal Supreme Court dismissed the appeal, thereby upholding the City’s position. This resolved a previously unclear legal issue and allowed the partial revision of the BZO to enter into force as planned. As a result, the City of Zurich can now restrict short-term rentals under planning law.

III: Implementation: Permit Requirement Since September

The partial revision of the BZO entered into force on September 1, 2026. Property owners who regularly rent an apartment subject to a mandatory residential share on a commercial basis for less than one year must notify the City. Anyone wishing to use an apartment as a business apartment, whether for the first time or on a continuing basis, or to rent it on a short-term basis, also requires a building permit due to the change of use from residential to commercial. This requirement applies regardless of whether the new use involves any structural alterations. The decisive factors are solely how and for how long the apartment is actually rented.

For building applications involving residential use, applicants must now declare the intended rental period and the type of residential use. This is intended to enable the City to determine during the building permit process whether a residential use may be counted toward the residential share.

The City does not rely solely on applications submitted voluntarily. It also expressly responds to reports from members of the public, for example when a provider markets an entire building for short-term stays. Given the considerable interest expected in this issue, the City Council has already responded by approving an urgent supplementary credit to fund five additional temporary positions in the Office for Building Permits for three years, enabling it to handle the anticipated number of proceedings.

IV. No Protection of Existing Use

The protection of existing use does not apply to commercial short-term rentals. Its primary purpose is to protect investments, and it does not necessarily apply where temporarily rented apartments can easily be converted into apartments for regular rental, meaning without the need for structural alterations.

V. Scope: Who Is Affected and Who Is Not

The new practice focuses on commercial providers that systematically and repeatedly rent out residential space for short periods. It expressly does not cover private individuals who sublet their own apartment only occasionally, for example during an extended stay abroad. In practice, the boundary between occasional subletting and commercial use may not always be clear. The authority itself expects extensive case-by-case assessments and a careful balancing of interests.

VI. Consequences of a Refusal

If a building application is refused, the apartment concerned must be returned to the regular long-term housing market. For monitoring purposes, the City may, for example, request evidence of canceled bookings or newly concluded long-term lease agreements. The precise procedure is still being developed. Property owners who fail to comply with the relevant orders may be reported to the District Governor’s Office and fined.

VII. What Comes Next

The current permit requirement is unlikely to be the final step in Zurich’s regulation of short-term rentals. A popular initiative submitted by the Social Democratic Party, the Green Party, and the Alternative List calls for even stricter rules based on the model adopted by the City of Lucerne. Following a popular vote three years ago, an apartment in Lucerne may be rented on a short-term basis for no more than 90 days per year. The initiative is expected to be put to a vote in 2027. The City Council is currently preparing a counterproposal.

VIII. Conclusion

With its new permit practice, the City of Zurich is deliberately using public building law as a housing policy tool. This creates a need for legal clarification for property owners and short-term rental operators, while also presenting an opportunity to place their business models on a legally sound basis.

If you have any legal questions regarding your rental model or a building permit in general, our Construction and Real Estate Law Team will be pleased to assist you at any time.

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