Airbnb Laws in Israel

Airbnb Laws in Israel

Israel

Introduction
Introduction to Airbnb in Israel

Short-term rentals, commonly known as Dirot Nofesh or Hascharat Dira in Israel, have become a significant part of the tourism landscape, especially in popular destinations like Tel Aviv, Jerusalem, and the coastal city of Eilat. These rentals offer visitors a diverse range of accommodations, from beachfront apartments to historic city dwellings, providing an authentic and flexible stay. In 2023, the impact of short-term rentals on Israel's economy was substantial, with the government generating significant income through taxes and fees associated with these properties. Platforms like Airbnb and Booking.com have become the go-to choices for listing these accommodations, connecting travelers with unique stays across the country and contributing to the flourishing tourism industry.

Overview

Short-term rentals, commonly known as Dirot Nofesh or Hascharat Dira in Israel, have become a significant part of the tourism landscape, especially in popular destinations like Tel Aviv, Jerusalem, and the coastal city of Eilat. These rentals offer visitors a diverse range of accommodations, from beachfront apartments to historic city dwellings, providing an authentic and flexible stay. In 2023, the impact of short-term rentals on Israel's economy was substantial, with the government generating significant income through taxes and fees associated with these properties. Platforms like Airbnb and Booking.com have become the go-to choices for listing these accommodations, connecting travelers with unique stays across the country and contributing to the flourishing tourism industry.

Property
Overview

Currently, Israel does not have a centralized national association specifically for short-term rental (STR) owners. However, there are regulations and guidelines that property owners must adhere to, both at the national and municipal levels.

While there isn't a specific national regulatory body for STR in Israel, STR owners can benefit from international associations such as the Vacation Rental Management Association (VRMA), which provides resources and advocacy for vacation rental professionals globally.

Property
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short term rentals
What is Airbnb in Israel?
What are short Term Rentals in the Country?

Short-term rentals in Israel refer to residential properties rented out for up to 30 days, primarily targeting tourists, business travelers, and short-term visitors. These rentals include apartments, houses, villas, and vacation homes, commonly listed on platforms like Airbnb and Booking.com. They are subject to local regulations and taxation, which vary by municipality. Success in this competitive market depends on compliance with local laws and offering attractive properties.

Is Subletting Legal?
Is Subletting Legal in Israel?

Subletting is generally legal in Israel but is subject to specific conditions and restrictions:

  1. Lease Agreement: Subletting is typically allowed only if the original lease agreement permits it or if the landlord explicitly approves. Tenants should review their lease for subletting clauses.
  2. Landlord Consent: In most cases, written consent from the landlord is required before subletting the property.
  3. Duration: The sublease cannot exceed the term of the original lease.
  4. Legal Responsibility: The original tenant remains responsible for fulfilling all obligations under the lease, including rent payments and property maintenance, even when subletting.
  5. Purpose: Subletting for purposes such as short-term rentals may require additional permissions, especially if local regulations or building rules restrict such arrangements.

National Association for STR Owners
What is the maximum length of stay in Israel?
What is the maximum length of stay?

In Israel, the maximum length of stay for a property to be considered a short-term rental is typically 30 days. If a rental period exceeds 30 days, it is generally classified as a long-term rental and may be subject to different regulations and tax implications. This distinction is important for property owners and managers to understand, as the legal and operational requirements can differ significantly between short-term and long-term rentals.

Is there any National Registration Requirement or Permit?

In Israel, operating a short-term rental may require obtaining permits, licenses, or registrations, particularly in certain municipalities. In some cities, like Tel Aviv and Jerusalem, to legally operate a short-term rental, property owners may need a business license. This involves applying to the local municipality and ensuring the property meets various health, safety, and zoning regulations.

Properties must comply with health and safety standards, which might include fire safety measures, adequate sanitation facilities, and structural safety requirements. Some municipalities may require an inspection to verify compliance before issuing a license.

Is there a need for Permission from Landlord/Local Council/Neighbors?

Inform your neighbors and your landlord Consider the implications on landlords and neighbors of converting your property to a vacation rental. If you rent, your landlord likely isn’t keen on you using your condo or apartment as a business operation without first giving notice. There might even be a no-sublet clause in your rental agreement.

Make sure your neighbors know who’s in charge of the property, providing them with your contact details (or your management’s contact details) in case of emergency or problems. Remind incoming guests of any house rules or regulations, such as enforced quite hours. As for a landlord – keep them in the loop; the no-sublet clause may be negotiable, especially if it’s short-term or a one-time occurrence.

Is Short-term rental Income taxable?

Income Tax: Income generated from short-term rentals is subject to income tax. Property owners must report their rental income and comply with relevant tax regulations.

VAT (Value-Added Tax): While private individuals renting out their properties on a short-term basis are generally not required to charge VAT, companies or individuals renting multiple properties might need to register for VAT and charge it on their rentals.

Is there any National Tourism Fund or Tourist Tax?

Israel does not have a specific national tourism fund or a dedicated tourist tax. It's important to note that while there isn't a separate tourist tax, the standard VAT applies to most transactions, and the government supports tourism development through various funding initiatives.

Is there any Guest Registration and Reporting Requirement?

Non-Israelis are exempt from the 17% VAT that Israelis must pay, so hosts must ask their guests for a copy of their passport and the B2 Visa for tax purposes.

Hosts must comply with data privacy laws when collecting and handling guest information. This includes ensuring the secure storage and handling of personal data.

Is there any National Health and Safety Requirements?

Properties must comply with health and safety standards, which may include fire safety measures, structural safety, and adequate sanitation facilities.

Some municipalities may require an inspection to verify compliance before issuing a license.

Is there any Platform Accountability Requirement?

Platform accountability requirements for short-term rentals in Israel are limited, with no national legislation mandating platforms like Airbnb or Booking.com to enforce data sharing, tax collection, or licensing verification. Authorities focus on:

  • Data Sharing: No formal requirement; authorities may monitor platforms independently.
  • Tax Compliance: Hosts must report rental income and pay applicable taxes; platforms are not required to collect taxes.
  • Licensing Verification: Rules vary by municipality, with no national mandate for platforms to verify licenses.
  • Dispute Resolution: Platforms provide mechanisms, but these are not legally mandated.

Regulation primarily targets hosts, and requirements vary by municipality. Review local laws or consult experts for specific guidance.

Is there any Anti-Discrimination Law?

While this legislation does not specifically mention short-term rentals, its principles can be interpreted to encompass such services, given that they are part of the hospitality sector. Therefore, hosts offering short-term rentals should be mindful of these anti-discrimination provisions to ensure compliance.

Additionally, platforms like Airbnb have implemented their own anti-discrimination policies to promote inclusivity and prevent bias among hosts and guests. For instance, in response to various discrimination complaints, Airbnb introduced a non-discrimination clause for hosts, emphasizing zero tolerance for bias.

Is there any Data Sharing Requirements?

Israel does not have specific legislation for data sharing requirements in short-term rentals. Key considerations include:

  • No Specific Law: General data protection laws, like the Protection of Privacy Law, 5741-1981, apply.
  • Data Protection: Hosts and platforms must collect and process data lawfully, fairly, and transparently, respecting rights like access, rectification, and erasure.
  • Compliance Practices:
    • Obtain explicit consent for data collection.
    • Collect only necessary data (data minimization).
    • Implement strong security measures.
    • Retain data only as long as necessary.
    • Ensure adequate protection for cross-border data transfers.

Staying updated on legal changes is essential as regulations evolve.

Is there any National Insurance Requirement?

While not a legal permit, it is advisable for property owners to obtain insurance coverage that specifically includes short-term rental activities. This can help protect against potential liabilities and property damages.

Is there any National Zoning law/Cultural Heritage law?

In Israel, short-term rentals must comply with zoning laws and cultural heritage rules. Zoning laws regulate land use through the National Planning and Building Law, with local municipalities enforcing these rules. Properties in culturally or historically significant areas may face additional restrictions. Property owners should consult local authorities to ensure compliance.

Is there any Environmental Regulations that affects STR?

Adherence to environmental health regulations may be required, especially in terms of waste management and noise control, to ensure that the rental does not negatively impact the local community.

Is there any National Tenant Protection Law?

Israel has national tenant protection laws to ensure fair rental practices:

  • Tenant Protection Law, 1972: Offers protections to "protected tenants," including rent control and security of tenure, mainly for older agreements.
  • Fair Rent Law, 2017: Sets standards for rental properties, limits security deposits to three months’ rent, defines repair timelines, and regulates lease termination and renewal.

These laws aim to protect tenants’ rights while clarifying landlords' responsibilities.

Is there any Reporting Requirements for Foreigners?

Yes, foreign residents earning rental income from short-term rentals in Israel are required to report this income to the Israeli Tax Authority and pay applicable taxes. The Israeli tax authorities consider short-term rental income as business income, subjecting it to income tax, social security contributions (Bituach Leumi), and, in certain cases, Value Added Tax (VAT). Foreign landlords must register as businesses and submit regular tax reports, including bi-monthly or monthly reports and an annual tax return.

Is there any Digital Platform Regulation Compliance?

While Israel doesn't have specific laws just for short-term rental platforms, they still need to follow general rules. These include:

  • Privacy: Platforms must protect user data according to Israeli privacy laws.
  • Taxes: They need to cooperate with tax authorities regarding income generated through the platform.
  • Consumer protection: They must ensure fair practices and transparency for both hosts and guests.

Essentially, even without dedicated laws, short-term rental platforms in Israel must operate legally and ethically within the existing regulatory framework.

Is there any Consumer Protection Law that affect STR?

Yes, Israel's Consumer Protection Law, 1981 applies to various transactions, including short-term rentals (STRs). This law ensures fair trading practices and safeguards consumer rights, such as the right to receive accurate information about services and protection against unfair contract terms. Therefore, hosts offering short-term rentals must provide clear and truthful details about their properties and adhere to fair contract practices to comply with consumer protection regulations. Additionally, the Fair Rent Law, 2017 sets standards for rental properties, ensuring they are fit for habitation and outlining the rights and obligations of both landlords and tenants. However, it's important to note that this law does not apply to short-term rentals of three months or less.

Is there any Law that applies to Non-resident Owners?

Non-residents can own property in Israel but face specific rules:

  • Property Ownership: Non-residents can buy private property but may face restrictions on state-owned or agricultural land.
  • Purchase Tax: Non-residents pay 8% tax on property value up to ₪6,055,070 and 10% above that.
  • Restrictions: Some areas, like strategic or security-sensitive zones, have ownership limits.
  • Legal Compliance: Governed by the Israel Land Law, ensuring property rights and obligations.

Consult a legal expert for guidance on these regulations.

Is there any classification of STR in the country?

The Fair Rent Law, 2017, which regulates residential leases, explicitly excludes these short-term rentals from its provisions.

This classification means that the specific protections and obligations outlined in the Fair Rent Law do not apply to short-term rental agreements. However, general contract law and other relevant regulations still govern these arrangements.

It's important for both landlords and tenants to be aware of this distinction to understand their rights and responsibilities fully. Consulting with a legal professional can provide clarity tailored to individual circumstances.

Are there Special National Event Regulations?

Yes, Israel has regulations concerning special national events. These regulations are in place to ensure public safety, security, and order during events of national significance, such as:

  • National holidays and memorial days: These include Independence Day, Memorial Day for Fallen Soldiers and Victims of Terrorism, Holocaust Remembrance Day, and others.
  • Large-scale public gatherings: This can include demonstrations, protests, rallies, and celebrations.
  • Events with heightened security concerns: This could involve events with the presence of high-profile figures or events that may be targeted for security threats.

These measures are tailored to the specific circumstances of each event or emergency, aiming to maintain public order and safety.

Is there any Penalty for Violating National Rules?

For short-term rentals in Israel, penalties for violating national or local regulations can include:

  • Fines: Non-compliance with tax laws, zoning rules, or licensing requirements may result in significant fines.
  • Closure Orders: Authorities may issue orders to cease rental operations for unlicensed properties.
  • Legal Action: Persistent violations can lead to legal proceedings or further penalties.

Compliance with tax, zoning, and other legal obligations is essential to avoid these consequences.

Are there National Rules or Regulations Governing Short-Term Rentals in Israel?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

Yes, there are national rules and regulations governing short-term rentals in Israel, although many regulations can also vary by municipality. Here are some key points regarding the national framework:

  • Taxation: Rental income is subject to income tax. VAT may apply for individuals or companies renting multiple properties.
  • Licensing: Business licenses may be required in cities like Tel Aviv or Jerusalem, with safety and zoning compliance needed.
  • Health & Safety: Properties must meet fire, structural, and sanitation standards.
  • Municipal Rules: Cities can impose restrictions, such as rental day limits or zoning requirements.
  • Tourist Standards: Some rentals must meet Ministry of Tourism facility and service criteria.
  • Insurance: Adequate coverage is recommended for liability and damages.
Is there any National Tax that affects short-term rental?

Yes, short-term rentals in Israel are subject to national taxes:

  1. Income Tax: Revenue from short-term rentals is classified as taxable income. Property owners must report this income and pay taxes based on their income bracket.
  2. Value Added Tax (VAT):
    • Private individuals renting out a single property are generally not required to charge VAT.
    • Businesses or individuals operating multiple short-term rental properties may need to register for VAT and charge 17% on rentals.3. **Bituach Leumi (National Insurance):**Hosts may also be required to pay Bituach Leumi contributions on their rental income.This is a form of social security tax that funds various social benefits in Israel

Compliance with these tax obligations is essential to avoid penalties.

permits, license
Are there any Permits, Licenses, or Registrations for Airbnb in Israel?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Israel, operating a short-term rental may require obtaining permits, licenses, or registrations, particularly in certain municipalities. In some cities, like Tel Aviv and Jerusalem, to legally operate a short-term rental, property owners may need a business license. This involves applying to the local municipality and ensuring the property meets various health, safety, and zoning regulations.

Properties must comply with health and safety standards, which might include fire safety measures, adequate sanitation facilities, and structural safety requirements. Some municipalities may require an inspection to verify compliance before issuing a license.

Is there any National Association for Airbnb owners in Israel?
Is there any National Association for STR owners in the Country?

Currently, Israel does not have a centralized national association specifically for short-term rental (STR) owners. However, there are regulations and guidelines that property owners must adhere to, both at the national and municipal levels.

While there isn't a specific national regulatory body for STR in Israel, STR owners can benefit from international associations such as the Vacation Rental Management Association (VRMA), which provides resources and advocacy for vacation rental professionals globally.

National Association for STR Owners
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Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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