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Original scientific paper

https://doi.org/10.22598/iele.2025.12.1.1

NUANCING NUISANCE: DEVELOPMENTS IN SHORT-TERM RENTAL LAW AND POLICY IN FRANCE AND CROATIA

Hano Ernst ; Faculty of Law, University of Zagreb, Zagreb, Croatia *

* Corresponding author.


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Abstract

The rise of the platform economy has dramatically expanded short-term accommodation throughout the last decade, often leading to unease over its inadequate regulation and its impact on the availability of long-term affordable housing and the urban
landscape. The paper examines the recent development of national STR (short-term rentals) regulation in Croatia and France, as well as supranational developments in the EU. Both countries have enacted similar, yet distinct reforms, and both share a common tourism-oriented economy marked by a high concentration of STRs in major urban and coastal cities. STR controls are covered by both public and private law frameworks. Public law sets access rules across a larger geographical area aligned with urban and housing policy objectives. Under private law, decision-making authority is further distributed among the owners of multi-unit buildings, pursuant to general property law. Because STRs are essentially treated as potential nuisances,
the logic of public and private nuisance should apply; yet the approach taken under reformed law creates public-private links which conflate the underlying rationales of these doctrines, compelling courts and regulators to navigate a fine line between
constitutional property protections and the imperatives of affordable housing policy.

Keywords

short-term rentals; Airbnb; nuisance; condominium; property

Hrčak ID:

332612

URI

https://hrcak.srce.hr/332612

Publication date:

24.6.2025.

Visits: 413 *