On 9 October 2026 the Corte Costituzionale delivered its decision (sentence n. 164) on a challenge filed by the President of the Council. The judgment struck down articles 4 and 5 of regional law n. 10/2025, which forced any dwelling used for short-term rentals to be re-classified as “tourist-receptive – short-term lease” and required new building permits or a SCIA. The court concluded that the measure violated the constitutional guarantees of equality, private property and freedom of enterprise.
Court decision and constitutional reasoning
The tribunal observed that the rule created an unequal treatment between operators of short-term rentals and owners of other extra-hotel accommodation such as holiday homes or bed-and-breakfasts, which could remain under a residential designation. By imposing a mandatory change of use only on the former, the law generated a disparity the court deemed “irreasonable” and not proportionate to the stated aim of curbing overtourism. Moreover, the court warned that a uniform application across the whole of Emilia-Romagna would unduly limit housing availability for workers, students and residents, potentially inflating rental prices. The decision also highlighted a conflict with EU directives on service provision due to the introduction of a “second cadastral registration”.
Political fallout and regional adjustments
The ruling was welcomed by the centre-right coalition. Prime Minister Giorgia Meloni’s government celebrated the verdict as the dismantling of an “ideological norm” – a phrase echoed by Forza Italia’s regional leader, who quoted the judgment as “Smantellata norma ideologica”. The President of the Council, who had lodged the appeal, argued that the regional provision infringed on property rights and entrepreneurial freedom. Conversely, the Regione Emilia-Romagna acknowledged the court’s reasoning but announced a technical revision of the struck articles, insisting on preserving the broader goal of managing tourist pressure. Owner associations, represented by groups such as Host + Host and the Aigab president Marco Celani, urged the region to provide clearer procedures for the issuance of CIN authorisations and to define the duration of tourism-use permits.
Bologna’s zoning plan after the ruling
In Bologna, the municipal administration indicated that the constitutional decision will not derail its own regulatory track. Urban planning assessor Raffaele Laudani explained that the city’s second urban variant already distinguishes zones with high and low housing-occupancy pressure, aligning with the court’s proportionality concerns. The proposal treats all accommodation types – short-term rentals, B&Bs and other extra-hotel facilities – equally, thereby eliminating the discrimination highlighted by the court. The city plans to adopt a zoning map that caps the share of short-term rentals in the historic centre (currently around 12 % and reaching up to 25 % on some streets) while leaving low-pressure districts untouched. Officials stressed that the forthcoming regulation will be drafted in full compliance with the Corte Costituzionale’s observations.
While the regional government prepares corrective amendments, local authorities like Bologna move forward with zone-specific controls, and industry groups push for greater regulatory certainty. The episode underscores the tension between national constitutional principles and regional attempts to manage tourism-driven housing pressures.
