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DELIVERING THE CIRCULAR ECONOMY A TOOLKIT FOR POLICYMAKERS

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122 • <strong>DELIVERING</strong> <strong>THE</strong> <strong>CIRCULAR</strong> <strong>ECONOMY</strong> – A <strong>TOOLKIT</strong> <strong>FOR</strong> <strong>POLICYMAKERS</strong><br />

BARRIERS AND POTENTIAL POLICY OPTIONS<br />

The following paragraphs provide an initial perspective on the barriers limiting the<br />

‘sharing and multi-purposing of buildings’ opportunity (see Section 2.2.4 for the barriers<br />

framework). The principal barriers to increasing the sharing and multi-purposing of<br />

buildings are regulatory. There are the inadequately defined legal frameworks, as well as<br />

unintended consequences of existing regulations, for example:<br />

• Contractual restrictions on tenants/owners to their sub-letting of houses or flats<br />

for short periods; for example in New York State it is illegal to rent out an apartment<br />

for a period shorter than 30 days if a permanent resident of the apartment<br />

is not present. 213<br />

• Uncertain compliance with other regulations; for example in Chicago, Airbnb has<br />

begun to collect city hotel taxes from its hosts, but hotel associations still claim<br />

they are not paying all taxes that hotels are obliged to pay. 214<br />

• When sharing is allowed it might be under-regulated; there is for example concern<br />

in Los Angeles that Airbnb is starting to turn residential areas into ‘hotel<br />

areas’, potentially competing with local residents for accommodation. 215<br />

Denmark has partially addressed the lack of clear legal frameworks – it is currently<br />

possible to sub-let apartments on Airbnb or similar sites for six weeks per year before<br />

asking the local municipality for a permit. There are however several uncertainties<br />

to address; a sector expert notes that the housing and office rental sector is highly<br />

regulated, but that this existing legislation has not yet been fully adapted to account for<br />

the concepts of sharing.<br />

When it comes to market failures it is often not cost effective for building owners and<br />

tenants to spend the time finding other individuals or organisations with which to<br />

share their buildings. Factors exacerbating these transaction costs are the efforts and<br />

costs involved in changing building insurance, handling security issues and the need for<br />

changes to the building (e.g. locks). Furthermore, while some sharing platforms have<br />

been successful, there might still be an inherent resistance in the public to changing<br />

habits around the sharing of their own homes, and some businesses have deeply rooted<br />

norms and traditions around the use of offices. Recent research 216 has confirmed the<br />

results of a study made by The Industrial Society’s research from 2002 217 : that there are<br />

limits to the attractiveness of shared office space to employees and that individual space<br />

such as a desk or a workstation is still highly valued.<br />

To address these barriers, the following policy options could be further investigated.<br />

These options are the result of an initial assessment of how cost-effectively different<br />

policy options might overcome the identified barriers (see Section 2.3.3):<br />

• Clarifying the legislation governing (participants in) sub-letting residential and<br />

office space, and sharing business platforms (like Airbnb and Liquidspace) by defining<br />

unambiguously who is entitled to practice it (private tenants, commercial<br />

players) and which regulation they need to follow. Doing so could lower the risks<br />

perceived by individuals and companies wanting to engage in such transactions.<br />

• Creating financial incentives or financial support to local, regional and national<br />

public-sector entities such as schools and other public infrastructure could<br />

help overcome hesitance towards renting out their properties when not in use<br />

(without distorting competition), and possibly remove some practical barriers<br />

such as locks that need to be added or changed. This could also have demon-<br />

213 James Surowiecki in The New Yorker, Airbnb’s New York Problem (8 October 2013).<br />

214 Crain’s Chicago Business, Hotels to Airbnb hosts: Pay up (14 February 2015).<br />

215 LA Times, Airbnb and other short-term rentals worsen housing shortage, critics say (11 March 2015)<br />

216 Naomi Shragai, Financial Times, Why building psychological walls has become a key skill at work, (29 April<br />

2015).<br />

217 The Industrial Society, The state of the office: The politics and geography of working space (2002).

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