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PROPERTY

Can I rent my apartment on Airbnb in Basel and what are the rules?

If you want to rent your flat on Airbnb in Basel, there are a range of rules and tax requirements to be aware of. Here's what you need to know.

Published: 2 November 2021 09:31 CET
Apartments with wooden window fittings in the canton of Basel.
One of the major concerns of Swiss authorities is that the old towns of major cities - like this in Basel - will become vacant during off season. Photo by Chris Boese on Unsplash

With international travel rebounding from the Covid pandemic, short-time rentals have again become popular.

Home stay sites such as Airbnb have changed travel dramatically, allowing people to put their homes up for rental for short or medium-term periods.

While this has been a welcome income stream for many, it has also led to concerns of rising rents and ghost towns in city centres.

As a result, governments and city councils across Switzerland and abroad have put in place regulations to try and get control of short-term rental markets.

Here’s what you need to know about the rules for Airbnb in Basel. 

Don’t live in Basel? Here are the rules in Geneva and Zurich, as well as on a nationwide basis. 

EXPLAINED: Can I rent my apartment on Airbnb in Geneva and what are the rules?

EXPLAINED: What are Switzerland’s rules for Airbnb rentals?

EXPLAINED: Can I rent my apartment on Airbnb in Zurich and what are the rules?

Is Airbnb legal in Switzerland – and what do I need to know?

Airbnb is legal in Switzerland and grew consistently in popularity up until the pandemic hit in early 2020.

In 2017, Airbnb recorded more than 900,000 guest arrivals, an increase of 300 percent over the previous three years.

There were 35,800 Airbnb flats and homes in Switzerland in 2018.

In Switzerland, short-term rentals are regulated at federal, cantonal and local level. This means that while some rules are the same nationwide, they are stricter in certain areas – particularly those popular with holidaymakers.

READ MORE: Eight things you need to know before renting in Switzerland

An effort to relax federal rules was defeated in 2019, despite widespread support by most Swiss cantons, the Swiss tenants association, the Swiss federation of trade unions and the left-wing Socialist Party and, with reservations, by the centre-right Christian Democrats.

The rules on whether you can rent out your apartment on Airbnb will not only differ from canton to canton, but they are different depending on whether you own your apartment or you are renting it.

What are the specific rules in Basel?

In order to rent your apartment on Airbnb or other short-term sites, you need to be aware of both cantonal and federal rules, although sometimes these overlap. 

In many cases you will need to report to your cantonal authorities that you are hosting guests. For instance, the Federal Act on Foreigners and Integration (Foreigners and Integration Act, AIG) (s16) states that commercial accommodation provides need to provide details of each guest to cantonal authorities.

The canton of Basel City imposes a tourist tax of CHF4 per night. Everyone older than 12 who is not a resident of Basel City must pay this tax.

The money is automatically collected by Airbnb and paid to cantonal authorities. 

This money goes towards maintaining infrastructure in the canton. 

Please note that if you stay longer than 31 days, you will not need to pay the overnight tax. If you have been charged tax, please ask for a refund at the following link. 

One benefit of paying the tax is that guests will get access to the BaselCard, giving them free public transport, free wi-fi and discounts on entry to cultural facilities. 

This is the responsibility of the property owner, so you will need to register and apply for BaselCards to be sent to the property. 

More information is provided at the Airbnb Basel page here. 

Can I sublet my rented apartment via Airbnb in Switzerland?

Some of the other rules for Airbnb rentals fall within the federal law on subletting in Switzerland.

Swiss subletting law allows someone to sublet their apartment if they are “temporarily unable to use their rental property due to unforeseen circumstances”.

Importantly, in each case the tenant needs to get permission from the landlord in order to do so. Written consent is not a requirement, but will be helpful in the case of a dispute.

The landlord is free to refuse to consent in certain circumstances, for instance if the tenant is believed to be “abusing” the rental contract.

According to Swiss legal consultancy WEKA, this “abuse” usually means where someone is making a profit by renting their apartment.

The law was designed to allow tenants to offset some of the financial damage of unforeseen circumstances, meaning that landlords will be free to refuse permission if someone is regularly renting their property out as a holiday rental.

Colourful houses on a beautiful street in Basel

You are allowed to rent your flat on Airbnb in Basel, Switzerland, however there are some rules you need to be aware of. Image by Birgit Böllinger from Pixabay

On the other hand, a landlord’s hands may be tied if someone needs to go abroad on short notice – for instance due to illness in the family – and wants to offer the costs.

In this case – and as long as the tenant is not making a profit – the landlord cannot refuse consent.

However, most holiday rentals will not fit within this classification.

As reported by Swiss news outlet Tages Anzeiger, the major consideration of the courts is whether or not a profit is being made on the rental when compared to the monthly rental costs.

This applies whether you are renting one room or whether you are renting your entire flat.

Of course, the landlord is free to consent to holiday rentals if he or she deems it fit. The above refers to the circumstances in which consent may be withdrawn or denied.

Reader question: Does owning a second home in Switzerland give me the right to live there?

Those who have successfully sublet their flats through holiday rental sites in Switzerland have often come to an agreement with their landlord regarding the conditions of rental, i.e. how often it will be rented, the price, specific conditions and which rules the subtenants need to follow.

Keep in mind however that landlords hold all the cards in these situations, so it’s important to keep them onside.

What if I don’t tell my landlord?

Subletting your flat without telling your landlord is contrary to almost all rental agreements, meaning that you are putting yourself at risk of termination or an expensive legal dispute.

The landlord can also demand the profits you have made with the sublet.

Tenants will also be held liable for damage caused by subtenants in almost all cases. 

I own my flat. Can I rent it on Airbnb in Switzerland?

While you might think that you are allowed to rent out your apartment if you own it, this is not true in every case.

If you own your own home outright, then you will be able to rent part or all of it as much as you like (subject to cantonal rules).

The money made will be considered income and you will be taxed on it, however you can deduct maintenance and operating costs. If you make more than 100,000CHF per year, you will need to pay VAT.

You can also deduct a flat rate of 20 percent of your rental income if the apartment or house is furnished (which it really should be as few Airbnb guests want to bring their own furniture).

If you are however part of a condominium association – i.e. a collective for owner-occupiers – there may be provisions in your contract which prevent or restrict you from renting your apartment, even if you own it outright.

The law on this is relatively unclear at the moment. Swiss housing site Houzy noted in 2020 that the law is still behind the times on this.

A court case in 2019 held that a condominium association agreement could prevent you renting your flat, however this depends on the contract and such a restriction will not be upheld in every case.

Will this change in the future?

The growing popularity of Airbnb along with rising rents has seen a growing demand for legal reform, however this has repeatedly been rejected by the Federal Council.

In addition to the Swiss Home Owner’s Association (HEV), hotel groups have also been prominent opponents of legal reform.

Given that the trend in larger cities and holiday areas has been to put in place greater restrictions rather than relaxed rules, it is unlikely that and substantial changes will take place in the near future.

Swiss hotels, restaurants and work canteens are pushing for the unvaccinated to be served in different areas, with some having already implemented separate areas for the two.

The Covid certificate requirement is prompting restaurants in Switzerland to find new ways to accommodate all customers.

Please note that this is intended as a guide only and does not constitute legal advice. 

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OPINION AND ANALYSIS

OPINION: Switzerland is a better place than 20 years ago, but much can still improve

From attitudes towards foreigners and improvements in work-life balance, Clare O'Dea examines how Switzerland has changed over the last 20 years and how it hasn't ('the Swiss still don't know how to queue'). Her new book All About Switzerland is now available - details below.

Published: 18 May 2024 10:49 CEST
Updated: 18 May 2024 14:45 CEST
OPINION: Switzerland is a better place than 20 years ago, but much can still improve

In the 20 years that I’ve been writing about Switzerland, I’ve tended to focus on one part of the picture at a time. Standing back from the canvas, I can see that there has been a pretty positive evolution in the country over that time.

The change has happened in measurable ways – an extra 1.6 million inhabitants, for one thing – but also in ways that are difficult to define. What I notice is more tolerance, more questioning of the norm, and more focus on fairness.

Some of this has come about through facing up to the wrongs of the past, whether that’s the historical abuse of children in the care system, the denial of the vote to women for so long (until 1971!), or the seizing of dictators’ assets.

Although it takes a painfully long time, mistakes and injustices do eventually come to light and there has been an appropriate reaction of self-recrimination and reflection towards these wrongs, and a willingness to make amends. All this has made Switzerland a better place.

READ ALSO: Are foreigners to blame if they find the Swiss unfriendly?

The foreign factor

When it comes to foreigners, there has definitely been in a positive change in attitudes towards immigrants from the countries of the former Yugoslavia. I detected very strong prejudice against this group in my early years in Switzerland. The second generation has now grown up here and found their place in all walks of Swiss life.

Unfortunately, asylum seekers have borne the brunt of xenophobia in recent years, with the notable exception of Ukrainians fleeing Russia’s war of aggression, who were granted special treatment. Switzerland has welcomed more than 80,000 Ukrainians since 2022, about a quarter of whom have since left the country.

Several cantons, notably Neuchâtel, have led the way in extending more rights to foreign residents and making it easier for them to integrate or obtain Swiss nationality. But naturalisation rates are still low, which is a pity for the Swiss, if only they would realise that.

When I first came to live in Switzerland from Ireland, I benefitted from the newly-valid agreement on the free movement of persons with the EU and EFTA countries. Since then, hundreds of thousands of Swiss and EU/EFTA nationals have been free to move countries for work, adventure, love or retirement.

Those immigrant workers have been a boon to the Swiss economy, which has one of the highest levels of GDP per capita in the world. Travel wise, Switzerland is well and truly integrated into Europe, joining the Schengen Area in 2008.

OPINION: The true signs you are becoming more Swiss than the Swiss

Family matters

Just this week, my twin daughters, who are Swiss citizens, received their first ever ballots for the next federal and cantonal votes on June 9th. Apart from reminding me of the fact that foreigners in Switzerland are largely excluded from the democratic process, this landmark also reminds me of how times have changed in relation to maternity rights.

It is hard to believe that Swiss women did not have statutory paid maternity leave until 2005. Voters had rejected the notion that women should have guaranteed paid leave after giving birth on four previous occasions – 1974, 1984, 1987 and again in 1999.

For all those years, maternity benefits were left up to employers to dictate, which was clearly not enough protection for all mothers. Today, new mothers are entitled to 14 weeks statutory leave but most employers offer more than that. Since 2021, fathers in Switzerland have been entitled to two weeks paternity leave.

There’s definitely room for improvement in the area of work-life balance for families, and there are some ideas in the pipeline, including state subsidies for childcare. With a fertility rate of 1.39 births per woman in 2022, Swiss-born babies is not where population growth is coming from.

Taking turns

One issue that seems almost unfixable in Switzerland is the high cost of healthcare. The country has the second most expensive system in the world, after the United States. Most of the cost is shouldered by households, directly or indirectly.

Whatever about the cost, the care itself is excellent and relatively well staffed. With one in three healthcare workers holding a foreign diploma, including a large proportion of cross-border workers the system is heavily reliant on non-nationals.

On June 9th, Swiss voters will get to decide on two people’s initiatives, both of which aim to curb the cost to consumers. My impression in the past was that the Swiss were reluctant to vote for freebies for themselves. But this may be the right timing for these proposals, considering that voters accepted an initiative in March of this year to increase the state pension by 8 per cent.

When it comes to daily life in Switzerland, politeness and order is the rule, with one exception – the Swiss still don’t know how to queue! I had this experience just the other day waiting outside a small museum that was only letting in a few people at a time. If you can cope with that fundamental flaw, the rest is easy.

All About Switzerland

A dynamic, up-to-date guide to Swiss society and current affairs, All About Switzerland ebook features a selection of 29 articles by Clare O’Dea. The articles were first published by The Local Switzerland from 2022 to 2024. The ebook is available on Amazon, Kobo and other retailers.

 
 
 
 
 
 
 
 
 
 
 
Photo: Charly Rappo

Originally from Dublin, Clare O’Dea has lived in Switzerland for two decades. Author of fiction and non-fiction, Clare has had a varied media career in Ireland and Switzerland, with a stint in Russia. She has contributed articles to The Local Switzerland since 2022. Her new book All About Switzerland: Selected articles from The Local Switzerland is Clare’s fourth and is available as an e-book online.

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