- In Ticino, Rustico owners can rent out their converted stables outside of the building zones to holiday guests.
- For a period of less than 90 days, you do not need a building permit.
- From the point of view of the Federal Office for Spatial Planning (ARE), this cantonal regulation is very problematic.
If rustici outside the building zone are rented out to holiday guests, a building permit is required under the Landscape Protection Act. This is because tourists lead to what is known as an intensification of use. Simply put, this means more traffic, for example.
We consider this approach to be risky.
Thomas Kappeler, Head of Legal at the Federal Office for Spatial Development, considers the fact that the Ticino authorities are now allowing rustici owners to rent out their houses for a maximum period of 90 days without such a permit to be more than tricky: “We consider this approach to be risky. Because renting on the usual platforms leads to an intensification of use. And this intensification of use has the potential to cause conflict.”
The federal government warns against lawsuits
Neighbors could, for example, sue if there is suddenly a regular noise coming from the stable on the green meadow. Or if the water supply in the community becomes scarce because suddenly many more people are showering. “Any lawsuits have a good chance of being successful in court,” says Kappeler. He therefore warns that the owners of rustico houses in Ticino should be aware of the possible consequences.
Legend:
The bones of contention: The rental of the rustici to holiday guests leads to irritations between Bern and Bellinzona.
Keystone/KARL MATHIS (symbol image)
It is not clear what exactly prompted the canton of Ticino to make this decision. The responsible authorities are passing the “patata bollente”, the hot potato, on to each other. A short written statement declares that their own actions are unproblematic. “The short use of a rustico by a tourist is comparable to the use by an owner.”
Successful Rustico lobby
This Ticino interpretation of federal law is naturally well received by the Rustici owners. Oliver Keller from Ticino Holiday says: “Here the Canton of Ticino has provided clarification and security. In our view, this is a success.”
In Ticino, the joy over the marketing of the former stables is greater than the fear of possible legal disputes. The Rustico owners’ lobby has successfully pushed through its request in Bellinzona. Against current federal law.