Shortlet Laws in Nigeria

Shortlet Laws in Nigeria

Nigeria

Introduction
Introduction to Shortlet in Nigeria

Short-term rentals, commonly known as vacation rentals or short-let apartments in Nigeria, have become a dynamic force in the country's hospitality industry. Popular destinations like Lagos, Abuja, and Port Harcourt attract both local and international visitors seeking the comfort and flexibility that these rentals offer. The impact of short-term rentals in Nigeria extends beyond just providing alternative accommodations; it has significantly boosted local economies and contributed to government revenue. In 2023 alone, the income generated from short-term rentals added a substantial figure to the national treasury, reflecting the growing demand for this accommodation style. Platforms such as Airbnb and Booking.com are leading the charge, with thousands of Nigerian properties listed, making it easier than ever for travelers to find and book the perfect stay.

Overview

Short-term rentals, commonly known as vacation rentals or short-let apartments in Nigeria, have become a dynamic force in the country's hospitality industry. Popular destinations like Lagos, Abuja, and Port Harcourt attract both local and international visitors seeking the comfort and flexibility that these rentals offer. The impact of short-term rentals in Nigeria extends beyond just providing alternative accommodations; it has significantly boosted local economies and contributed to government revenue. In 2023 alone, the income generated from short-term rentals added a substantial figure to the national treasury, reflecting the growing demand for this accommodation style. Platforms such as Airbnb and Booking.com are leading the charge, with thousands of Nigerian properties listed, making it easier than ever for travelers to find and book the perfect stay.

Property
Overview

Currently, there is no national association exclusively for short-term rentals in Nigeria. However, organizations like the Nigerian Tourism Development Corporation (NTDC) and Nigerian Hotel and Catering Institute provide resources and may support short-term rental businesses indirectly.

Property
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short term rentals
What is Shortlet in Nigeria?
What are short Term Rentals in the Country?

Short-term rentals (STRs) in Nigeria refer to temporary accommodation offered for a few days to a few months, typically not primary residences and used by tourists, business travelers, and expatriates. Commonly known as "holiday rentals," "tourist accommodation," or "short-stay apartments," these include entire homes and apartments, often rented for under 30 days. In Nigeria’s main languages, they are translated as "Ibùsùn Kúkúrú" (Yoruba), "Matsugunni Na Wucin Gadi" (Hausa), and "Oru Mgbaghara" (Igbo). Platforms like Airbnb and Booking.com also use terms like "vacation rental" and "holiday home" to describe them.

Is Subletting Legal?
Is Subletting Legal in Nigeria?

Subletting is generally permitted in Nigeria, especially in the commercial and residential rental markets. However, for short-term rentals, subletting depends on specific lease agreements. Tenants must obtain explicit written consent from their landlords to operate a short-term rental on a leased property while in some urban areas, particularly in Lagos, tenants may need approval from homeowners' associations or local authorities, though enforcement varies.

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

There is no nationwide limit on the maximum duration a guest can stay in a short-term rental. However, some jurisdictions informally suggest a maximum of 90 days for short-term rental stays. This limit may vary in cities like Lagos or Abuja where short-term stays are primarily geared toward tourists and business travelers.

Is there any National Registration Requirement or Permit?

Currently, Nigeria does not have a unified national registration system or permit requirement for short-term rental hosts. However, in some cities, local councils may require a license if the rental is categorized as a commercial activity/hospitality business. You may be required to obtain a certificate from the corporate affair commission (CAC) Hosts may need to submit personal identification, proof of property ownership, and an application fee, which varies by city.

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

In most Nigerian cities, hosts are encouraged to obtain:

  • Landlord Permission: Tenants must get written permission from the landlord.
  • Local Council or Homeowner Association Approval: Some communities, especially in gated estates, may require permission from the homeowners’ association or local council.

Is Short-term rental Income taxable?

es, income generated from short-term rentals is subject to Nigerian taxation:

  • Income Tax: Rental income is considered taxable, and hosts are expected to declare it under personal or business income.
  • Value Added Tax (VAT): VAT applies at a rate of 7.5% on services provided within the rental (e.g., cleaning, concierge services).
  • Withholding Tax: In some cases, a withholding tax may apply, typically at 10% if rentals are facilitated through a registered business.

Is there any National Tourism Fund or Tourist Tax?

Nigeria currently does not impose a nationwide tourist tax for short-term rentals. However, local councils may require a tourism levy from establishments classified under hospitality, which may indirectly affect short-term rentals in tourist-heavy regions like Lagos and Calabar.

Is there any Guest Registration and Reporting Requirement?

In Nigeria, short-term rental hosts are not legally required to register and report guest information to national immigration authorities or local police. However, certain accommodations, especially hotels, are required to keep guest logs and share relevant information with local authorities. Some hosts, particularly in cities with higher tourism activity, voluntarily maintain guest logs for security purposes, especially when dealing with foreign nationals.

Is there any National Health and Safety Requirements?

Nigeria does not have standardized national health and safety requirements specific to short-term rentals. However, hosts should adhere to general safety practices.

Is there any Platform Accountability Requirement?

Online platforms such as Airbnb, Booking.com, and Vrbo are not mandated by Nigerian authorities to ensure that all listings comply with local regulations. Nevertheless, most platforms require hosts to confirm their listings' compliance with local laws. As Nigeria’s short-term rental market grows, there may be future calls for greater accountability from platforms.

Is there any Anti-Discrimination Law?

Nigeria’s Constitution and various anti-discrimination laws prohibit discrimination based on race, religion, ethnicity, and gender, and these protections apply to short-term rental guests. The country’s **Equal Opportunity Act **prohibits discrimination in public services, including accommodations. Many platforms have built-in anti-discrimination policies, and hosts are encouraged to treat all guests equally.

Is there any Data Sharing Requirements?

Currently, Nigerian authorities do not mandate short-term rental platforms to share data with national government bodies. However, some platforms collect general booking information and may share anonymized data with Nigerian tourism bodies to aid in market research. With increasing focus on tax compliance, data sharing requirements may become a topic of discussion.

Is there any National Insurance Requirement?

There is no national requirement for short-term rental hosts to obtain liability insurance in Nigeria. However, hosts are advised to secure liability insurance to cover potential incidents or property damage. Also, some insurance companies offer policies for short-term rental properties, although coverage may vary.

Is there any National Zoning law/Cultural Heritage law?

Nigeria does not have nationwide zoning laws that specifically restrict short-term rentals in culturally or historically significant areas. Some regions may restrict short-term rentals in heritage sites or religious areas though. Local authorities in tourism-heavy cities like Lagos may also enforce regulations protecting areas with high cultural or historical significance.

Is there any Environmental Regulations that affects STR?

No formal national environmental regulations specifically target short-term rentals in Nigeria. Though some localities encourage environmentally friendly practices, such as waste management and energy conservation. Also, hosts are expected to comply with Nigeria’s general environmental protection laws, which address issues like waste disposal.

Is there any National Tenant Protection Law?

Tenant protection laws in Nigeria do not specifically protect long-term tenants from eviction due to short-term rental conversion. However: the Nigerian Tenancy Law protects tenants from unfair eviction practices, including sudden conversion to short-term rentals. Landlords must provide adequate notice before terminating a tenancy agreement, as outlined in state tenancy laws.

Is there any Reporting Requirements for Foreigners?

Hosts are not required to report foreign guests to immigration authorities. However, some hosts, particularly those in border areas or cities, maintain guest information records as a precaution.

Is there any Digital Platform Regulation Compliance?

Platforms listing short-term rentals in Nigeria are not legally obligated to verify compliance with national regulations before listing properties but platforms require hosts to confirm they are following local laws.

Is there any Consumer Protection Law that affect STR?

Nigeria’s Federal Competition and Consumer Protection Act (FCCPA) governs general consumer rights, with short-term rentals included. Guests have rights to transparent terms and fair refund policies, they can channel their complaint to The FCCPC (Federal Competition and Consumer Protection Commission) accepts complaints related to short-term rental agreements.

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

Nigeria does not impose specific regulations on non-resident owners of short-term rentals. Nonetheless, non-resident owners are expected to pay applicable taxes on rental income.

There is no residency requirement for property ownership in Nigeria, but owners should ensure tax compliance.

Is there any classification of STR in the country?

Nigeria does not have a formal national classification for short-term rentals, but the industry categorizes STRs based on property type and intended use:

  • Entire Property Rentals: Includes fully furnished apartments or houses rented exclusively to one group of guests.
  • Serviced Apartments: These are apartment-style units that include hotel-like services, such as housekeeping and concierge.

There are rarely situations where rooms are sublet within an apartment for short term rental in Nigeria.

Are there Special National Event Regulations?

No specific regulations govern short-term rentals during national events or holidays in Nigeria. However. During large festivals or events like Lagos Carnival or Abuja International Festival, local authorities may temporarily enforce noise and curfew restrictions. Some hosts increase prices during major events because price is not regulated.

Is there any Penalty for Violating National Rules?

While no formal penalties are established at a national level, local governments or homeowners’ associations may impose:

  • Fines: Cities may impose fines on properties found to be in violation of local zoning or hospitality regulations.
  • Legal Action: Persistent violators may face eviction or civil suits from homeowners’ associations.
  • Operational Disruptions: In certain regions, short-term rentals may be prohibited, and local councils can take action to halt operations.
Are there National Rules or Regulations Governing Short-Term Rentals in Nigeria?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

In Nigeria, short-term rentals fall under general regulations for all rentals:

  • Business Registration: Register your rental business with the Corporate Affairs Commission (CAC) for legal recognition.
  • Taxation: Get a Tax Identification Number (TIN) from the Federal Inland Revenue Service (FIRS) and pay taxes on rental income, including VAT.
  • Safety Standards: Ensure your property meets safety and structural standards set by the National Building Code.
  • Tenancy Agreements: Put even short-term rentals in writing and outline terms of occupancy.

Recommendations:

  • Consult a lawyer to understand any state or local requirements.
  • Maintain good records and pay all taxes to avoid penalties.
  • Ensure your property meets safety standards for guests.

By following these national regulations, Nigerian short-term rental hosts can operate legally and responsibly.

Is there any National Tax that affects short-term rental?

In Nigeria, short-term rental income is subject to several national taxes enforced by the FIRS:

  1. Personal Income Tax (PIT): 7-24% progressive rates for individuals.
  2. Corporate Income Tax (CIT): 30% for large companies, 20% for medium-sized companies (₦25m-₦100m revenue).
  3. Value Added Tax (VAT): 7.5% on rental income.
  4. Education Tax: 2% of assessable profits (for corporate entities).
  5. Withholding Tax (WHT): 10% for individuals, 5% for companies (deducted at source).

Hosts need a TIN, must keep records, and must file taxes on time. Consulting a tax professional is recommended.

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

Currently, Nigeria does not have a unified national registration system or permit requirement for short-term rental hosts. However, in some cities, local councils may require a license if the rental is categorized as a commercial activity/hospitality business. You may be required to obtain a certificate from the corporate affair commission (CAC) Hosts may need to submit personal identification, proof of property ownership, and an application fee, which varies by city.

Is there any National Association for Shortlet owners in Nigeria?
Is there any National Association for STR owners in the Country?

Currently, there is no national association exclusively for short-term rentals in Nigeria. However, organizations like the Nigerian Tourism Development Corporation (NTDC) and Nigerian Hotel and Catering Institute provide resources and may support short-term rental businesses indirectly.

National Association for STR Owners

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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