In Summary
| 📜 Section | 📅 Description |
|---|---|
| 🏠 The 120-Day Rule for Primary Residences | A limit of 120 days per year is established to balance the housing market and reduce the transformation of homes into full-time tourist rentals. This rule helps maintain housing availability for residents while allowing for tourism activity. |
| ⚖️ Impacts on the Real Estate Market | Short-term rentals have impacted the real estate market, driving up prices and making access to housing more difficult for locals. The 120-day rule aims to regulate the supply of tourist accommodations. |
| 🔒 Automatic Blocking by Platforms | Platforms like Airbnb use an automatic system to block listings once the 120-day limit is reached, thus ensuring compliance with regulations without local intervention. |
| 🚫 Punishments for Exceeding Limits | Exceeding the limit can result in substantial fines and rental bans. Property owners must monitor the number of rental days carefully. |
| 🌆 Impact on Neighborhoods and Residents | Excessive rentals can change neighborhood dynamics, leading to complaints about nuisances and the loss of community life. The rule aims to preserve residents’ quality of life. |
| 🏖️ Renting a Secondary Residence Without Limits | Secondary residences are not subject to the 120-day limit, offering flexibility to maximize rental income without the restrictions applied to primary residences. However, administrative obligations must be followed according to local regulations. |
| 📝 Required Administrative Formalities | To rent a secondary residence, it may be necessary to file a prior declaration with local authorities, especially in tourist zones where stricter rules may apply. |
| 🔄 Change of Use and Compensation | In certain large cities, a change of use is required to convert a residential unit into a furnished tourist accommodation, sometimes with a compensation rule. This process aims to limit excessive conversion of homes into tourist rentals. |
| 💰 Financial Benefits for Property Owners | Renting a secondary residence without limits allows owners to maximize rental income, especially in high-tourist-demand areas. Owners can also enjoy their property for personal stays. |
| 🚨 Restrictions in Certain Cities | Some cities impose additional restrictions to protect housing availability and limit tourism’s negative impacts on residents. These may include rental duration caps, compensation rules, or registration requirements. |
Short-term rentals on platforms like Airbnb are subject to strict regulations depending on the location of the property and the type of accommodation. Learn how to maximize your income while respecting legal limits.
The 120-Day Rule for Primary Residences
Why a 120-Day Limit?
The 120-day annual limit was introduced to balance the housing market. In large cities and tourist zones, many homes were converted into full-time tourist rentals, reducing the number of available units for residents. Limiting rentals to 120 days helps maintain tourist activity while ensuring that housing remains accessible for permanent residents.
Impacts on the Real Estate Market
The impact of short-term rentals on the real estate market has been significant, especially in major cities. By reducing the availability of long-term housing, tourist rentals have contributed to rising property prices and making housing more difficult for local residents. The 120-day rule seeks to curb this trend by regulating the supply of tourist accommodations to maintain a balance between residents’ needs and tourism opportunities.
Automatic Blocking by Platforms
To ensure compliance with the 120-day rule, platforms like Airbnb have implemented an automatic blocking system for listings. Once the limit is reached, owners can no longer receive additional reservations on that platform. This measure guarantees owners follow current regulations without needing local authority intervention.
Punishments for Non-Compliance
Failure to adhere to the 120-day limit can result in sanctions. Municipalities may impose fines reaching thousands of euros, and the property may be prohibited from renting. Owners need to comply with this limit to avoid financial penalties and legal issues with authorities.
Impact on Neighborhoods and Residents
In highly touristic cities, the multiplication of short-term rentals can alter neighborhood dynamics. Complaints about noise, constant influx of travelers, and loss of neighborhood life are often reported. The 120-day limit aims to preserve residents’ quality of life by reducing the impact of tourist rentals on residents’ daily lives.
Renting a Secondary Residence Without Limits
Unlike primary residences, secondary residences are not subject to the 120-day limit. This means owners can rent out their property as much as they want throughout the year, providing maximum flexibility to generate rental income. However, this freedom comes with several administrative obligations.
Required Administrative Formalities
To rent a secondary residence short-term, owners must comply with local regulations. In some cities, owners are required to submit a pre-declaration to the local authorities before listing their property on platforms like Airbnb. This process allows the municipality to monitor and control tourist rentals within their jurisdiction.
In large cities or in tight tourist zones, more restrictive rules may apply, such as the need for an change of use authorization to convert a residential unit into a furnished tourist accommodation. This process can be lengthy and costly, especially where a compensation rule is in effect.
Change of Use and Compensation
In cities with over 200,000 residents or in tight zones, a change of use is often necessary to rent a secondary residence short-term. This change may involve a compensation rule, where owners must convert another property (usually a commercial space) into a residence to compensate for the loss of a unit intended for tourist rental.
This measure aims to limit excessive conversion of homes into tourist accommodations and to protect the housing supply for residents. Failure to comply with these rules can result in significant sanctions for owners.
Financial Benefits for Owners
The ability to rent out a secondary residence without restrictions allows owners to maximize their rental income. They can list their property year-round on platforms like Airbnb, Abritel, or Booking, which can be especially advantageous in high-demand tourist areas. Owners can also enjoy their property for personal stays while earning income from periods of vacancy.
Restrictions in Certain Cities
Although renting secondary residences is free in terms of days, some cities, such as Paris, Bordeaux, or Annecy, impose additional restrictions to limit tourism impact on the housing supply. These restrictions may include duration caps, compensation rules, or mandatory registration requirements.
Exceptions to the 120-Day Rule
While the 120-day rule is strict for most owners, certain exceptions allow exceeding this limit under specific conditions. These exceptions are designed to address special situations that prevent owners from residing in their primary home.
Professional Obligations
One major exception concerns professional obligations. If an owner must leave their home for an extended period due to work, such as a foreign assignment or a long-term mission, they may exceed the 120-day rental limit on Airbnb or other platforms. Proof of this absence, such as contracts or employer documents confirming the duration and necessity of the professional assignment, must be provided.
Health Reasons
Another important exception involves health reasons. If an owner is compelled to leave their primary residence for an extended period due to hospitalization or long-term medical treatment, they can also request an exemption to surpass the 120 days of rental. Medical certificates or justificatory documents will be required to prove that the absence is health-related.
Force Majeure Cases
Force majeure cases constitute the third notable exception. This includes unforeseeable and unavoidable events such as a natural disaster, travel restrictions caused by a pandemic (like Covid-19), or any other situation beyond the owner’s control. In such cases, if the owner cannot reside physically in their primary residence, they can rent their property beyond the 120-day limit. These situations must be demonstrated and justified before local authorities or in case of disputes.
How to Request an Exemption?
To obtain an exemption from the 120-day rule, owners must generally inform their municipality and provide necessary documents proving their situation. Consulting a specialized lawyer in real estate or short-term rentals is recommended to ensure all administrative procedures are correctly followed. In case of dispute, courts can also review the owner’s justifications.
Renting a Room in Your Primary Residence
Renting out a room in your primary residence allows you to circumvent the 120-day limit, as this rule does not apply to partial rentals. This means you can rent one or more rooms of your main home throughout the year without being limited by the maximum duration set for full primary residences. This option offers interesting flexibility for owners wishing to generate extra income while complying with legislation.
Advantages of Partial Rental
Renting a room in your primary residence not only increases your rental income, but also optimizes the use of available space within your home. This can be especially beneficial for owners who do not occupy all rooms of their house or apartment. Moreover, unlike renting out the entire property, there is no restriction on the number of days you can rent a room.
Conditions to Follow
Although partial renting of your primary residence exempts you from the 120-day limit, some administrative obligations still apply. For instance, in certain cities, it is necessary to declare the room rental to the municipality and obtain a registration number, similar to standard short-term rentals. You must also respect co-ownership rules if your property is part of an apartment building.
Welcoming Travelers
Renting a room in your primary residence usually means you are present during the travelers’ stay. This allows you to better control activities in your home and maintain good relations with neighbors. This proximity can also be a plus for travelers, who often appreciate local advice and on-site assistance from the host.
Fiscal Impact
Renting out a room in your primary residence is also tax advantageous. As long as the income remains below a certain threshold (760 € per year in France), it can be tax-exempt. This option thus enables you to supplement your income while benefiting from favorable taxation.
Risks of Sanctions for Exceeding Limits
Failure to respect the 120-day limit for renting out your primary residence can lead to significant financial sanctions. Authorities are increasingly strict regarding adherence to this rule, especially in high-tourism-demand zones where the housing market is already under pressure. Owners exceeding this limit risk facing fines and legal consequences.
Fines for Violating the Limit
If an owner rents out their primary residence beyond the allowed 120 days, they risk receiving a fine that can reach several thousand euros. In cities like Paris, fines can amount to 50,000 euros per violation. These sanctions aim to discourage owners from converting their primary residences into full-time tourist rentals, which contributes to the shortage of housing for permanent residents.
Suspension of Listings
Beyond financial penalties, rental platforms like Airbnb and Abritel have implemented automatic systems that block listings once the 120-day limit is reached. Owners then cannot continue renting out their property on these platforms, which leads to loss of potential income. This automatic blocking ensures platforms remain compliant with local regulations.
Municipal Vigilance
Municipalities, especially in large cities and tourist zones, are increasingly vigilant about short-term rentals. Some cities have dedicated teams to monitor rental platforms and verify owner compliance with the 120-day limit. Owners caught exceeding this limit risk legal prosecution and fines.
How to Avoid Sanctions
To avoid sanctions and stay compliant with laws, it is essential to check local regulations before listing your property. Each city may have different requirements, so it’s important to inquire with your municipality about procedures such as obtaining a registration number or declaring the rental.
