Spelling suggestions: "subject:"korttidsuthyrning"" "subject:"andrahandsuthyrningar""
1 |
Airbnb och PBL : några kommentarer om korta tillfälliga upplåtelser av privatbostäder och tillåten markanvändning.Granbom, David January 2019 (has links)
The sharing economy and the technical advances are evolving at a high speed. A speed that the legislative powers can’t keep up with. This thesis aim is to find out if occasional short-term rentals, e.g. Airbnb-rentals, is in compliance with Swe- dish land use regulation. To fulfill this purpose, Swedish land use regulation for dwelling purposes is initially examined through following sources: law, case-law, instructions and judicial doctrine. The examination shows that land for dwelling purposes can be divided into land with a permanent dwelling purpose and land with an occasional stay purpose. Furthermore, the change from the first men- tioned to the second mentioned purpose require permit by law. The change in purpose is determined on a case-by-case basis and there is no general rule. These are the fundamental grounds for assessing the change from a land use to another: the new use’s magnitude, professionalism, duration and degree of interference for others. Since there is no general rule regarding this explicit subject, Airbnb-rentals and land use, case-law is the next source to look for an answer. There has been no judgement with the exact needed circumstances to determine a clear rule with respect to the rule of law. Hence, it’s only possible to constitute that home own- ers are allowed to have a tenant as long as they live under the same roof or if the Airbnb business isn’t the main purpose. The last seeks to allows home owners to let their place for a short period of time. A total consumption has been assessed unlawful and 25 days, which is the average length of a Swedish vacation, is prob- ably allowed. Further than this it’s impossible to give clear answers, anything over 25 day and less than total consumption should be assessed with help from the grounds mentioned above. This insecurity is no good for nobody. In reality, this insecurity means that municipalities are losing control over their given power to plan the use of the land. As an attempt to give a better answer and to suggest a way forward a de lege ferenda discussion ends this thesis. To conclude, a licensing system is assessed to be the best alternative when the goal is to take back the control and sustain su- pervision in the future.
|
Page generated in 0.0855 seconds