Is Airbnb illegal in Singapore?

Montinee0
Level 1
Singapore

Is Airbnb illegal in Singapore?

Given the law surrounding short-term rental in Singapore for public housing, what are the laws for condominiums? I did a lot of search and could not find anything concrete. The only thing I found was a 'guideline' stating that one should not do short-term rental as it may disturb neighbours. 

 

I want to ensure that putting a place on Airbnb - whether it is 1 out of 3 rooms or all 3 out of 3 rooms to a Condo that a Host may rent or own, abides the laws here. 

99 Replies 99
Kaiesh0
Level 1
Singapore

Hi Montinee,

 

I have attempted to previously clarify this with the URA, and the feedback that I received was that it is indeed considered illegal.


The government has apparently been in discussions with AirBnB and other similar services, but I have not seen anything published as a result of those discussions.

 

Thanks,

K

Linda116
Level 1
Singapore

Hi, I've been hosting since Jan 2016.  A couple of friends also warned me against short term rental being illegal in Singapore. Has anyone else got any idea about this?  Or have made enquiries with HDB? 

I saw this article:

http://news.asiaone.com/news/singapore/two-lose-hdb-flats-renting-them-tourists

 

Julie74
Level 2
Singapore

I just hosted one guest in June in my private apartment. I am temporarily delisting mine as I heard HDB/URA is currently checking on Airbnb listings. Anyone else heard of this?

Idzwan0
Level 2
Singapore

Read this: https://www.quora.com/Is-Airbnb-legal-in-Singapore

 

I believe the URA laws are just guidelines to protect the private property community.

These guidelines were meant to prevent private properties from turning into brothels, gambling dens, drug houses, etc.

You can read it any way you want but these are my views on the matter.

 

Your neighbours have every right to question their security due to the different guests appearing in and out of your homes.

If possible talk to them and reassure them that Airbnb's verification process is quite strict.

Hosts also need to do their part when choosing their guests as they are equally responsible to their neighbourhood.

If your neighbours can see you welcoming your guests as friends, they most likely won't be too apprehensive.

 

We can argue forever on whether it is illegal or not.

Just don't forget that taking Uber is not legal as well.

But the government has been trying their best to regulate it.

And they are doing the same for Airbnb.

URA is going through the process slowly because they want to measure the public reaction first.

The success and proper regulation of Airbnb relies heavily on the public.

If Singaporeans want it and if its proven to be beneficial to our tourism industry, URA must adapt as well.

Hotels can cry foul and complain just like Comfort Taxi did. It doesn't matter if the people want it.

 

So what we all should do is practice responsible hosting.

Airbnb is not just a way to make money, it is also about connecting people (which includes your neighbours as well).

If you want to rent out your unit on Airbnb but either don't have the time or have no idea how to, go visit https://www.guestready.com/en-sg/singapore.

This was what i found in URA's website, https://www.ura.gov.sg/uol/buy-property/about/leasing/residential.aspx

"

Private residential properties or the rooms within their premises should not be rented out on a short-term basis for less than six months on a daily/weekly/monthly basis.

Renting out the whole unit or individual rooms for residential purposes is only allowed for long-term stays of six months or more if these conditions are met...

"

 

In other words, renting out a room or the entire unit of a private property for less than a six month period is considered illegal. 

Yes, thats wat i found as well.  Therefore it is very clear that premises should not be rented out on a short-term basis for less than six months on a daily/weekly/monthly basis. However there seems to be a catch, below is an extract from Singapore Business Review.

 

"Renting out a room or a whole unit short-term is in breach of private and public housing rules, and owners can face tough penalties if they are caught doing so.

Homeowners can be fined up to S$200,000 (US$157,000) or jailed for up to 12 months if they are convicted.

However, if the stays do not involve money, the owners are not breaching the rules. This includes residents who occasionally allow relatives or friends to stay over, as are those hosting friends via websites like Couchsurfing.

There is a catch though, the law requires that residents must ensure that they do not trouble their neighbours."

 

- See more at: http://sbr.com.sg/source/e27/singapore-government-insists-short-term-rental-illegal#sthash.WJnnkLm0....

My understanding is that URA only has guidelines against short term rental.  Hence, there link clearly states "should no be" rather than "cannot be" or "is not allowed" or "is illegal"  cause there is no statue against short term rental.  It's interesting here where its more than 6 months long term, & rental permited, the words used is specific " only allowed if .... no internal partitioning...." cause there are laws against illegal partitioning etc...

 

The legality part actually goes back to the MCST of the condo, where I was told the law (Strata Title Act?) actually gives legal power for the the MCST to pass bylaws for the condo to disallow short term rental.  Similarly, there is a statue that bars short term rental in government housing so HDB can clearly state "not allowed" and the header is Regulations

 

This subject has been bugging me.  I'm not legal train, this is my understanding, if someone can clearly explain the legal position, I'd really appreciate if he/she can enlighten us.  Not the speculative what if etc... even the newspaper & propertyguru articles etc.. seems to flip flop .... some articles straight out illegal & others clarifying its only guidelines....just what does the law says or not say on this subject.  Thank you.

 

 

HDB :

 

http://www.hdb.gov.sg/cs/infoweb/residential/renting-out-a-flat-room/renting-out-your-flat/sublettin...

 

The minimum subletting period for each subtenant must be 6 months per application. You are not allowed to sublet your flat or bedroom on a short-term basis as it may disrupt the living environment and pose security concerns for our residents.

 

URA :

 

https://www.ura.gov.sg/uol/buy-property/about/leasing/residential.aspx

 

Private residential properties or the rooms within their premises should not be rented out on a short-term basis for less than six months on a daily/weekly/monthly basis.

Renting out the whole unit or individual rooms for residential purposes is only allowed for long-term stays of six months or more if these conditions are met:

  • no internal partitioning works that alter the layout of the property to create more rooms. Such overcrowding can pose safety concerns

I have just been told by my building management that the URA tried to visit my apartment, but no one was there. 

 

Im taking my listing offline for a while. 

seriously?! wow thats crazy. What BS that people can't find an apartment in SG? There are ALOT of unoccupied apartments due to the real estate market at the moment..in fact its the renter's market now! any landlord would prefer a long term occupant. The reason they lease to airbnb is because they can't find a long term tenant!!!

Hi @Roman27


Do you have experience with URA? I am in the same situation as yours now. 

Hi @Nga0

 

I have pulled out completely of Airbnb as my landlord was being contacted by URA. 

 

Luckily this was at the end of my lease, so I was able to exit. 

 

Ill watch to see what the new situation is in a few weeks. 

?

It would be good if Airbnb clarifies this or if just to confirm what are the Statues applicable & if indeed the matter is in a grey area .... subjected to authorities interpretation so that I can make an informed choice before putting up my listing.

Just to be clear the above was written before Feb 6 new legislation that made short term rental illegal.....    On the lighter side, a friend just remarked that I'm in the same legal position as LGBT community.... the logic works that we Airbnbers are now doing illegal things but the govt won't take action unless someone complains..... LOL