The regulations surrounding Airbnb rentals have significantly evolved in recent years to better regulate the short-term rental market. These reforms primarily aim to protect residents’ access to housing, especially in areas where demand for housing far exceeds supply. Here is a guide to understanding the main rules that owners must adhere to in order to comply with current legislation.
Mandatory Registration of Rentals
Registering properties listed on platforms like Airbnb is now mandatory for all owners. This measure was implemented to ensure greater transparency and allow for more rigorous monitoring of short-term rentals. Indeed, this process enables local authorities to verify that each rental complies with local regulations, whether concerning rental duration or energy performance standards.
Why is this Registration Necessary?
Registration allows local authorities to track and control the number of dwellings available for short-term rental. In cities like Paris or Nice, where a housing shortage is a major issue, this registration is crucial to limit the impact of seasonal rentals on the supply of permanent housing. It also helps prevent too many properties from being taken off the traditional rental market to be converted into furnished tourist rentals. This rigorous monitoring helps maintain a balance between tourism and access to housing for permanent residents.
Risks of Non-Registration
Failing to comply with the registration requirement exposes owners to hefty fines. If a property is rented out without proper registration, local authorities can impose fines of up to 10,000 euros on the owner. Moreover, platforms like Airbnb, which do not remove non-compliant listings, may also be subject to substantial fines, potentially reaching up to 50,000 euros. This shared responsibility between owners and platforms encourages better compliance with legislation.
Heavier Penalties for Non-Compliance
With the tightening of regulations on short-term rentals, penalties for owners who fail to follow the rules have been significantly increased. These measures aim to deter owners from breaking the law and to ensure more oversight of tourist rentals in areas where housing availability for locals is often limited.
Fines of Up to 100,000 Euros
New legal provisions envisage much stricter fines for owners in breach. In case of non-compliance with legal obligations, such as failure to change the use of secondary residences or exceeding the 120-day rental limit for primary homes, financial penalties can reach up to 100,000 euros. These increased sanctions are designed to discourage illegal practices and to compel owners to adhere to current laws.
Registration Number Suspension
In addition to fines, city councils now have the authority to suspend or revoke the registration number of a property in violation. The registration number is essential for renting a property on platforms like Airbnb. Its suspension immediately bans the rental of the concerned property, forcing the owner to regularize their situation to resume renting. This sanction provides a direct and effective means to regulate the market and ensure only compliant properties are offered for rent.
Change of Use for Secondary Residences
If you rent out a second home as a tourist furnished rental, obtaining a change of use for your property is often necessary. This change is mandatory in many cities to prevent the mass conversion of secondary residences into tourist rentals, thereby reducing the availability of permanent housing for local residents. This process aims to control the use of real estate in areas where the pressure on the rental market is already very high.
Procedures and Penalties
To proceed with the change of use, owners must submit a file to the city hall. This file must contain information about the property’s current use and the reasons for the change request. In some municipalities, compensations are also required, especially in terms of creating new housing intended for permanent residents. Failure to respect this obligation can lead to significant financial penalties, reaching up to 100,000 euros. Furthermore, their registration number may be suspended, preventing any new rentals until the situation is regularized.
Revised Taxation and Allowances
The micro-BIC regime, applicable to income from seasonal rentals, has also been modified. Now, furnished rentals that are classified benefit from a 50% tax deduction, while non-classified rentals only benefit from a 30% deduction. This change represents a significant reduction compared to previous rates, where classified furnished rentals could receive up to 71% deduction.
Impact on Owners
This revision of taxation directly impacts owners, who will see their taxable income increase. Non-classified rentals, in particular, now receive less tax advantage, reducing the profitability of certain seasonal rentals. Owners are therefore encouraged to classify their properties to benefit from a more favorable deduction, which could also improve the quality of properties listed on rental platforms.
Limitation on the Number of Nights
Owners of primary residences can no longer rent their property for more than 120 days per year via platforms like Airbnb. This limit aims to protect the rental market in cities where the demand for permanent housing is high, such as Paris, Lyon, or Bordeaux. Exceeding this limit, platforms are now required to automatically block the listing for the rest of the year.
Exceptions and Penalties
In certain exceptional cases, owners may surpass this 120-day limit, particularly for health reasons or work commitments. However, without valid justification, violations can result in fines of up to 10,000 euros. Platforms, such as Airbnb, are also required to comply with this rule, under penalty of sanctions for not blocking a listing that exceeds the legal limit.
Mandatory Energy Performance
Starting from 2034, all tourist furnished rentals must meet a minimum energy performance diagnostic (DPE) class D. This new requirement is part of reforms to make housing more environmentally friendly. By imposing stricter energy performance standards, authorities aim to improve the energy efficiency of homes and reduce their environmental impact.
Conformity Work
Owners have ten years to carry out necessary renovation work to achieve compliance. This may include thermal insulation improvements, upgrading heating systems, or installing energy-efficient devices. If a home does not meet this requirement by 2034, it will be prohibited from being rented as a tourist furnished, under penalty of sanctions. This obligation aims to reduce the carbon footprint of rented homes while ensuring better thermal comfort for tenants.
