Airbnb in Zurich is being restricted: What the new ruling means for tenants, landlords and the housing market
The Swiss Federal Supreme Court has upheld Zurich’s new rules aimed at stopping ordinary homes from being permanently converted into Airbnb accommodation and business apartments. Occasional home sharing is affected far less than professionally operated short-term housing – and the often-mentioned 90-night limit is not part of this court ruling.
The key points in 60 seconds
On 30 April 2026 the Federal Supreme Court upheld Zurich’s partial zoning-code revision. Homes regularly and commercially rented for periods of less than one year may no longer count towards a prescribed minimum residential share if nobody has their principal residence, or a legally equivalent use, there. The City has set 1 September 2026 as the intended start date; as of 8 August, the official publication still provides for an appeal against the commencement decision. According to the City, occasional letting of one’s own home during an absence is not the target of the rule.[1][4]
Why the ruling matters for Zurich
Zurich has one of Switzerland’s tightest housing markets. Only 235 homes were vacant on 1 June 2025, a vacancy rate of 0.1%. At the same time, Zurich statistics recorded 7,620 second homes and 5,320 professionally managed apartment units by the end of September 2025.
Against this background, the City wants to prevent homes in areas subject to a residential-share requirement from being permanently withdrawn from the ordinary housing market and repeatedly rented to changing guests for weeks or months.
The Federal Supreme Court considers this planning and housing-policy objective lawful. It held that the City may adopt such measures in the public interest even though they affect property rights and economic freedom.
From city council decision to Federal Supreme Court: the timeline
| Date | Event |
|---|---|
| 22 September 2021 | Zurich City Council adopts the partial zoning-code revision on non-counting towards the residential share. |
| 22 March 2022 | The Canton of Zurich’s Building Directorate approves the amendment. |
| 14 March 2024 | The Zurich Administrative Court rejects the challenge. |
| 30 April 2026 | The Federal Supreme Court dismisses the appeal by four business-apartment companies – judgment 1C_401/2024. |
| 25 June 2026 | The Federal Supreme Court publishes its press release and the decision becomes publicly accessible. |
| 8 July 2026 | The City Executive decides on commencement from 1 September 2026. |
| 15 July 2026 | The commencement decision is officially published with a 30-day appeal route. |
| 8 August 2026 | Status of this article: 1 September remains the intended date; the official notice still points to the appeal route. |
What the new Zurich rule actually does
Zurich Airbnb rules 2026: What the Federal Supreme Court ruling means for tenants, landlords, business apartments and the housing market.
- Regularity: the home or part of it is repeatedly offered on a short-term basis.
- Commercial use: it is provided commercially rather than merely as private hospitality.
- Duration: individual lets are for less than one year.
- No principal residence: nobody simultaneously has their principal residence or a legally equivalent use there.
- Residential share: where these conditions are met, the home no longer counts towards the prescribed minimum residential share.
- Permission: once effective, changes of use such as conversion into a business apartment may need to be declared and approved even without building works.
What the ruling does not mean
- It is not a city-wide Airbnb ban.
- It is not an automatic 90-night cap created by the Federal Supreme Court.
- It does not cover every fixed-term home: leases longer than one year and open-ended leases are outside this specific rule.
- The City explicitly says occasional letting of one’s own home during absences is not the target.
- Commercial short-term use may remain possible where no minimum residential share applies or where sufficient non-residential-share floor area is available.
- Hotels are treated differently under the zoning rules and generally continue to count towards the residential share.
Important: the 90-night limit is not yet law
A separate popular initiative, “Protect housing – regulate Airbnb and business apartments”, proposes a ban on short-term letting for more than 90 nights per calendar year if the vacancy rate was below 1% in at least one of the previous three years. That 90-night rule is not part of the Federal Supreme Court judgment and is not in force as of 8 August 2026. The City Executive is preparing a counterproposal for submission to the City Council by early January 2027.[5][10]
What does this mean for tenants?
Tenants need to distinguish planning law from tenancy law. The new court ruling primarily concerns the permitted use of homes under Zurich’s zoning rules. Swiss subletting law continues to apply separately.
A tenant who lets all or part of a rented home for payment through Airbnb or a similar platform generally needs the landlord’s consent. Under Article 262 of the Code of Obligations, consent may be refused in particular if the subletting terms are not disclosed, are abusive or create substantial disadvantages for the landlord.
Occasionally letting a genuine principal home during holidays is much less problematic under the new zoning rule than operating the rental flat permanently for rotating short-stay guests. A tenant should nevertheless not list the flat without the landlord’s consent.
The ruling therefore does not mean “Airbnb is banned from September”. It means professional and recurring short-term use without a genuine principal residence faces an additional planning-law obstacle on top of tenancy law.
What does this mean for landlords and owners?
Owners should check the minimum residential share applying to the property before operating professional short-term accommodation. The key issue is not merely whether the unit was built as a flat, but whether it still counts towards the required residential share.
Converting an ordinary home permanently into a business apartment or comparable commercial short-term unit may constitute a change of use requiring approval. The City says it will investigate compliance when it receives concrete indications.
Existing operations should not rely on a blanket assumption of grandfathering. The City’s implementation communication says such protection does not automatically shield easily reversible commercial short-term uses. The Federal Supreme Court also recorded that the lower courts had assumed basic protection for existing uses in their proportionality analysis. Existing properties therefore deserve case-specific planning-law review.
The ruling does not change ordinary long-term letting. Its purpose is precisely to reduce incentives to remove normal homes permanently from the regular rental market.
What does this mean for Airbnb and business-apartment operators?
Professional providers of furnished business apartments are the most directly affected group. Four such companies brought the challenge against the zoning amendment.
The Federal Supreme Court accepted that the rule can materially restrict this business model, but considered the restriction proportionate because economically meaningful uses remain possible and residential-share obligations vary by area.
Central districts with high concentrations of second homes and serviced apartments are particularly relevant. The local effect can be stronger there than a city-wide average suggests.
What could change in Zurich’s housing market?
The judgment is unlikely to trigger an immediate, large drop in Zurich rents. The Federal Supreme Court itself noted that the measure may make only a limited contribution to preserving primary housing.
It can nevertheless matter: every unit that moves from exclusive short-term use back into a long-term lease increases ordinary supply. The effect may be more visible in central areas where second homes and apartments are concentrated.
The rule is mainly preventive. It makes future conversion of ordinary rental homes into higher-yield short-stay products more difficult, so its effect is more likely to emerge over years than months.
For home seekers, the important point is that the measure does not instantly create thousands of flats. Zurich remains a market with an exceptionally low vacancy rate and very rapid re-letting.
Key Zurich housing figures
| Indicator | Value |
|---|---|
| Zurich city vacancy rate, 1 June 2025 | 0.1% |
| Vacant homes | 235 |
| Housing stock at end-2025 | 238,472 |
| Second homes, September 2025 | 7,620 or 3.2% |
| Professionally managed apartments | 5,320 or 2.2% |
| Unoccupied managed apartments also counted as second homes | more than 2,700 |
Interactive check: could the new zoning rule be relevant?
This simplified check is not a legal assessment; the exact zoning share, main-residence status and use of the property are decisive.
Typical practical cases
| Situation | Assessment | What to do |
|---|---|---|
| Tenant lets their principal home for two weeks while on holiday | Usually not the zoning rule’s core target | Still clarify landlord consent under tenancy law. |
| Owner rents an empty flat year-round by the day or week | May be a core case | Check residential share and change-of-use permission. |
| Business apartment let for three to six months at a time; nobody has a principal residence | High relevance | The new rule may prevent it counting towards the residential share. |
| Furnished flat with an open-ended lease and genuine principal residence | Specific short-term rule generally not engaged | Ordinary tenancy and planning law still apply. |
| Airbnb room inside an owner-occupied or genuinely tenant-occupied principal home | Much less affected | Check lease, house rules and landlord consent where relevant. |
| Hotel room | Different treatment | Hotel use generally remains countable under the confirmed rule. |
What affected people should do now
For tenants
- Obtain landlord consent before listing.
- Disclose price and terms transparently.
- Do not turn a rental home into a permanent business model without legal review.
- Respect house rules, neighbours and permitted use.
For owners
- Check the property’s residential-share requirement.
- Document existing and planned short-term use.
- Clarify planning permission before changing use.
- Do not rely on blanket grandfathering.
For professional operators
- Prioritise portfolio review by residential-share zone.
- Separate genuine-residence units from pure business-apartment models.
- Check permission status property by property.
- Track the initiative and City counterproposal as well.
For home seekers
- Create alerts for Zurich and nearby municipalities.
- Do not expect immediate market relief.
- Monitor cooperatives, first lettings and commuter municipalities.
- Keep application documents ready.
Housing search in Zurich: why this matters to applicants
If some commercial short-stay units return to the ordinary rental market, they are unlikely to remain available for long. With a vacancy rate of only 0.1%, speed matters. Use UrbanHome’s property search, compare rental homes in Zurich and create an alert for new listings.
Sources and information date
- Swiss Federal Supreme Court: judgment 1C_401/2024 of 30 April 2026
- Swiss Federal Supreme Court: press release of 25 June 2026
- City of Zurich: Federal Supreme Court upholds short-term-rental rule
- City of Zurich: commencement decision for the zoning amendment
- City of Zurich: popular initiative and planned counterproposal
- Zurich Statistics: serviced apartments and second homes 2025
- Zurich Statistics: vacancy rate 2025
- Zurich Statistics: housing stock and construction 2025
- Swiss Tenants’ Association: subletting rules
- City of Zurich: text of the popular initiative including proposed 90-night rule
Information current as of 8 August 2026.
Frequently asked questions about the Zurich Airbnb ruling
Conclusion
The Federal Supreme Court has not imposed a general Airbnb ban. It has, however, confirmed an important planning tool for Zurich: homes without a principal residence that are regularly and commercially let for less than a year may no longer count as ordinary residential use in areas with a minimum residential-share rule. Occasional private letting is affected much less. Professional short-stay models and business apartments face greater planning and permitting pressure. For the housing market, the measure is better understood as long-term protection against further displacement than as a short-term cure for high rents.
Find current rental homes in Zurich
Monitor new listings early and create an UrbanHome alert for Zurich and suitable neighbouring municipalities.
Search Zurich rentals