Constitutional Court upholds Tuscany’s tourism law on short-term rentals

Italy’s Constitutional Court has rejected the national government’s appeal against Tuscany’s new tourism law, confirming the region’s right to regulate short-term rentals and other local tourism activities.

The ruling, issued on December 16, upholds the legality of Tuscany’s Testo Unico del Turismo (Tourism Code), a comprehensive framework adopted in 2024 that also includes measures to counter overtourism in cities such as Florence. The government had challenged several articles of the law, arguing that they violated constitutional principles related to private property, free enterprise and national competence over civil law.

The Court, however, found the objections unfounded. It ruled that the regional provisions—such as requiring extra-hotel accommodation to be managed as a business and allowing municipalities to set limits on short-term rentals—are consistent with the Constitution, as they pursue a “social function” aimed at balancing tourism with residents’ needs.

The decision confirms that local authorities, especially municipalities with high tourist density, may regulate or cap the number of short-term rentals in their areas. The judges described this as a legitimate administrative function linked to land-use planning and tourism governance, not an infringement on civil law or private ownership.

Tuscany’s president, Eugenio Giani, welcomed the decision as “a victory on all fronts,” saying it validates the region’s approach to managing tourism pressure and preserving housing availability.

Florence’s mayor, Sara Funaro, also described the ruling as “a major step forward for sustainable tourism,” saying it strengthens the right of municipalities to protect the identity of cities and improve residents’ quality of life. She recalled that Florence was the first Italian city to adopt a local regulation on short-term rentals once the regional framework allowed it.

Tourism Minister Daniela Santanchè reacted differently, saying the ruling nonetheless “confirms the soundness of the national government’s regulations” on the short-term rental sector, but called it “disconcerting” that the Court attributed regulatory powers to regional and local levels.

The 2024 Tourism Code had been temporarily suspended pending the Court’s decision. Its entry into full effect is expected to give Tuscan municipalities a clearer legal basis for managing the growth of holiday rentals, which have become a point of contention in Florence and other art cities.

In recent years, the rapid expansion of short-term rentals has raised housing costs in Florence and other Tuscan cities, reducing long-term accommodation for residents. The new law is part of a broader regional effort to maintain a balance between tourism development and community well-being, a theme that also emerged during the 2025 regional election campaign.

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