Airbnb regulations in France : how to rent legally your property ?

6 September 2022
Let’s take a look at airbnb regulations in france iregarding the cities of Paris, Lyon and Bordeaux. Three very popular cities for seasonal rentals.Furnished seasonal rental is a profitable activity but it must be carried out with a minimum of precaution. Indeed, the development and diversification of the platforms for putting individuals in contact with each other has led to an increase in the income possibilities of their users. The rental sector is not left out, with the growth of Airbnb, Abritel, Home to go…  

What is seasonal furnished rental?

Seasonal furnished rentals, i.e., short-term rentals (by the night, by the week, etc.) to temporary tenants who have no intention of taking up residence in the property, have turned the rental market upside down, especially in large cities. The prices charged are close to those of the hotel business, i.e. double or even triple the price of traditional rentals, and the owners find it very interesting. The consequence is direct, with a strong impact on the cost of housing both for renting and buying. Various city councils have decided to act accordingly, to breathe new life into rental markets that are under pressure. They have therefore put in place regulations, more or less restrictive, with the aim of putting classic rental properties back on the market. In Bordeaux, the city council estimates that this has resulted in the return of 4,000 units.  

 

Airbnb regulations in France : the city of Paris

With the arrival of the Airbnb platform, furnished tourist rentals have developed very widely in Paris. In some Parisian districts, it can represent up to 20% of the total rental supply. The city has therefore introduced regulations to combat this practice and limit its consequences. It was validated by the Court of Cassation in a February 18 ruling, in which it was deemed “justified, proportionate, transparent and accessible”.

Three situations may arise, depending on what you intend to rent

  • You wish to rent your primary residence in its entirety.
  • You wish to rent a property that is not your main residence on a short-term furnished basis.
  • You wish to rent a property that is not used as a dwelling for a short period of time.
 

The rental of the main residence

In the first case, the only obligation is to file a declaration of furnished tourism. Once this registration is made, you will only have to respect two conditions: pay the tourist tax and respect the limit of 120 days rented per year. If it is a sublet, the tenant will have to obtain the written agreement of the owner. If it is a social housing, the furnished tourist rental is strictly forbidden: it exposes the tenant to the termination of the lease and to financial penalties. If you intend to rent out only a part of your home, a private room is not considered a furnished tourist accommodation. You can therefore rent a room in your main residence without any time limit.   Furnished seasonal rental of a secondary residence   In the 2nd case, you will have to proceed to a change of use with compensation of the accommodation you wish to rent. This compensation system requires owners who wish to rent out a dwelling that is not their main residence to convert commercial space into housing to compensate for the square meters of living space lost. This is intended to preserve the balance between housing and economic activities. This compensation can be double or even triple, depending on the rental tension in the areas. You will then have to change the destination of the premises into hotel accommodation, before registering online and paying the tourist tax.   Renting out furnished premises that are not used for residential purposes   Finally, in the 3rd case, a prior authorization from the city hall is required. A commission is responsible for studying the requests, which will be refused in case of risk of nuisance, in areas with strong tourist pressure, or in streets where the PLU protects the shops. A change of use of the premises must then be made, followed by registration and payment of the tourist tax.  
All of these rules are intended to dissuade landlords from considering seasonal furnished rentals. To ensure that they are respected, the city provides for financial penalties, and violators of these regulations may be fined up to €50,000 in civil court in the event of failure to comply with the obligation to declare a change of use, and €80,000 in criminal court in the event of a false declaration or even a fraudulent maneuver. If the lessor does not transmit the breakdown of the number of nights, he risks a fine of up to €10,000; the same applies if he exceeds 120 days of rental.
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