Temporary rentals via digital platforms, popularized by Airbnb and Booking, are in the crosshairs of new regulations and restrictions in Brazilian capitals. The measures range from taxing operations to banning advertisements for certain types of properties on websites, at a time when the country is recording records in tourism — in 2025, there were 9 million visitors from other countries, an increase of 40% over 2024.
In Rio alone, the city that receives the most tourists in the country, there are around 43 thousand listings on Airbnb, and more than 80% are for entire spaces (the rest are for room rentals), according to data from Inside Airbnb. Heated, the market has impacted real estate development in the city, with the construction of projects focused on “studios” for temporary rental, at the same time as it generates neighborhood conflicts, changes urban relations and can affect the supply of housing for those who live in the city.
With this in mind, the Rio City Council began discussing specific regulations. Initially, the proposal provided for the restriction of this type of offer on the coast of the South Zone, but, after discussions, the rules should be less rigid. The main new feature is the creation of a registry of units intended for temporary rentals, in which hosts will have to provide data about the properties and guests. The permission — or not — of the activity is also delegated to the condominiums.
With this, argues the proposal’s rapporteur, councilor Salvino Oliveira (PSD), the municipality will be able to have more information about the real size of the temporary rental market, which can help in the development of public policies aimed at housing, urban infrastructure and security.
— The first step is to guarantee data sharing, so that public authorities can plan public policy. The second issue is security. If a crime happens, the police need to send an email to all platforms, to find out where this guest came from — he explains.
Other countries
Airbnb has already been regulated in several large cities in the United States, Europe and Latin America, due to its impact on traditional rental prices. In New York, for example, short-term rentals of entire properties are prohibited; in Barcelona, the plan is to abolish temporary leasing completely by 2028; and in Mexico City there is a project under discussion to restrict this type of rental.
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Doctoral research by architect and urban planner Josiane Andrade, from the Federal University of Pernambuco (UFPE), analyzed the impact of temporary rentals via Airbnb in coastal municipalities in Brazil, and studied the case of Rio. She found the enormous predominance of units intended for rental via Airbnb concentrated in neighborhoods in the South Zone. In Ipanema, there were 3,045 listings for entire units on Airbnb, which represents 58.4% of the total number of permanent private homes rented. In other words, more than half of the properties available for rent in the neighborhood are being absorbed by the platform. In Copacabana, the research identified 10,783 listings on Airbnb.
— These are properties that could be made available for conventional rental, at least in part. As it is a tourist area, some properties are probably used for second homes or were previously for rental, as this has always been strong in Rio. The platform expands and organizes what was already happening, but there is the possibility of repeating the phenomenon that happened in other countries, of rental values rising due to the scarcity of property for traditional rental — says Josiane.
In October last year, Salvador sanctioned the charging of ISS on temporary rentals, such as Petrópolis (RJ), Ponta Grossa (PR) and Olímpia (SP).
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Airbnb has been fighting in court against the Petrópolis law since 2022, but last year the Rio Court of Justice validated the collection of ISS on rentals carried out in the city by digital platforms.
In São Paulo, where its headquarters in Brazil are located, Airbnb only collects ISS on technology services. At the City Council, the Social Interest Housing CPI (HIS) investigates the misuse of popular housing, built with tax incentives, for short-term rentals on the platform. The units must be allocated, by law, to those earning up to 6 minimum wages, but it has become common to sell apartments — generally measuring 20 to 40 square meters — to investors in the temporary rental segment.
Carla Comarella, leader of institutional and government relations at Airbnb in Brazil, said at the CPI that the platform will exclude advertisements for HIS units, but claimed that an official and detailed list from the city hall is necessary to identify the properties, which has not yet happened.
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In a note, the City of São Paulo states that the use of housing in violation of the law “may generate legal liability, including for agents involved in the intermediation or dissemination of offers”.
In Salvador, the Finance Department identified 9,379 properties available on digital platforms in the city, 95% on Airbnb, and argues that charging ISS “promotes fiscal justice and equality in the sector” by ensuring “fair competition with traditional means of accommodation, such as hotels and inns, which have always contributed to municipal obligations”. The tax, however, is not yet charged as regulation by the city hall is necessary.
In a note, Airbnb argues that the platform promotes “seasonal rentals” provided for in the Tenancy Law, which should not be subject to ISS, and says that the Tax Reform already provides that its services will be taxed by the new CBS and IBS taxes. The company states that “initiatives by cities that confuse seasonal rentals with lodging services can generate legal uncertainty” and suggests “coordinated action at a national level” on the topic, not local initiatives.
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Property right
Airbnb says that “restricting rentals violates the property rights of those who rent their property”, and cites a study — carried out by the platform itself — showing that “almost 30% of hosts are retired, more than 55% have income earned on Airbnb that helps them continue living in their homes, and almost 45% make their accommodation available to pay their bills.”
Booking.com informs that it “follows discussions on the regulation of short-term rentals” and says it believes that “clear and balanced rules are important for the sustainable development of the sector, considering travelers, partners and local communities”.
