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Grundgesetz

Germany's constitutional Basic Law; Article 70 limits federal short-term rental legislative competence.

Last refreshed: 20 May 2026 · Appears in 1 active topic

Key Question

Which article of Germany's Grundgesetz makes a national Airbnb registry constitutionally tricky?

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Common Questions
What does the Grundgesetz say about housing regulation in Germany?
Article 70 of the Grundgesetz assigns residual legislative competence to Germany's 16 Länder. Housing regulation is not a federal competence enumerated elsewhere, so it defaults to the states.Source: Grundgesetz, Article 70
Could Germany's new STR data law be ruled unconstitutional?
A Bundesverfassungsgericht challenge is legally possible if Länder governments argue the KVDG amounts to federal housing regulation, which Article 70 reserves to the states. The governing Coalition's 'digital infrastructure' framing has not yet been tested in court.Source: KVDG legislative record
Why does Germany's constitution prevent a national Airbnb ban?
Article 70 of the Grundgesetz assigns residual legislative competence, including housing law, to the 16 Länder. A federal STR ban or registration mandate would require a constitutional amendment or a Kompetenz-Kompetenz ruling from the Bundesverfassungsgericht.Source: Grundgesetz, Article 70

Background

The Grundgesetz (Basic Law) is Germany's constitution, enacted in 1949 and serving as the supreme legal authority of the Federal Republic. In the context of short-term rental regulation, Article 70 of the Grundgesetz is the operative provision: it assigns residual legislative competence to the Länder, meaning that housing regulation belongs to the states unless the federal government can claim a specific concurrent or exclusive competence .

When the Bundestag drafted the KVDG to implement the EU STR Regulation's SDEP requirement, the constitutional design question was whether a federal data-relay portal constituted housing regulation (Länder competence) or digital infrastructure (federal competence). The governing Coalition chose the latter framing.

The Bundesverfassungsgericht (Federal Constitutional Court) has not yet ruled on KVDG's Article 70 compatibility. A legal challenge remains possible, particularly if Länder governments that disagree with the federal portal's scope refer the law.