Thousands of licensed Airbnbs exempt from new occupancy limits

Many of the new rules introduced to regulate Airbnbs and other short-let accommodation only apply to new licences, the Malta Tourism Authority (MTA) confirmed.

This means that properties that held a licence to operate as a short-let holiday rental before the rules came into force in June will not need to follow several of the new measures, including new limits on the number of people being hosted.

They will also not have to comply with the measures when their owners apply to renew the annual licence, a spokesperson for MTA explained in response to questions by Times of Malta.

The tourism authorities announced several new rules in April, saying they would curb disruptions to residents across several of Malta’s tourist hotspots. The rules came into force last month with the publication of the Tourism Accommodation Regulations.

The new measures included restricting short-let properties to two people per bedroom, with no more than 10 people staying in an apartment. They also banned basement or underground bedrooms, requiring landlords to list their names and contact details on a sign placed outside their properties.

However, many of these measures only apply to properties whose owners applied for a short-let licence from June 15. Properties that already held a licence as short-let holiday accommodation are exempt from some of the rules.

A Times of Malta analysis carried out last month showed that a third of Airbnb listings for a weekend in August would fall foul of the MTA’s new rules.

The MTA spokesperson confirmed that several of the new measures only apply to applications submitted as from June 15, 2026. These include the two-person-per-bedroom limit and the 10-person maximum cap for apartments.

Properties that already held a short-let licence will also be exempt from rules banning underground or basement bedrooms and will not have to meet new rules setting out a minimum size for bedrooms. However, they will need to follow rules banning sofa beds from short-let properties and will have to submit a waste management plan when renewing their licence.

The measure requiring landlords to install signs outside their properties listing their contact details will also be extended to existing licences. However, this has yet to come into force, with the MTA drafting guidelines on the signs to be installed.

The MTA spokesperson said the regulator was following “the guiding principle that acquired rights by those already in possession of a licence shall be retained”. For example, the number of beds acquired in an existing licence shall remain unchanged, the spokesperson added.

This suggests that many of the almost 8,000 properties with a short-let licence across Malta and Gozo will be exempt from several of the changes introduced last month. However, the MTA insisted it would be adopting a stricter approach to enforcing breaches of its rules.

Under the new regulations, anyone caught operating without a licence will be barred from applying for one for three years, the spokesperson said. The property in breach will also be blacklisted for the same period.

Spotlight

The news comes as infringements by short-let rental properties face growing scrutiny.

The police and enforcement authorities last week moved to shut down holiday accommodation in Swieqi after videos emerged of young people on a rooftop jeering and throwing drinks onto the street below.

The authorities said eight of the nine apartments within the block were found to be “operating in breach of their licence conditions”. The MTA later told Times of Malta the breaches identified in this incident “mainly revolve around the number of guests allowed within each property”.

Over the following two days, the authorities inspected 252 short-let properties in Swieqi, finding that more than a quarter of them had at least one violation.

A Times of Malta analysis carried out last month showed that a third of Airbnb listings for a weekend in August would fall foul of the MTA’s new rules.