Since July 2022, significant changes have been made to the regulations governing short-term Airbnb rentals in the Basque Country. Local authorities have revised their approach to balance housing supply for residents with tourist rentals. This article outlines the details of this new regulation, its impact on property owners, and our advice for navigating this regulatory landscape. Concierge Angels, your trusted partner in property management, is here to guide you through these changes.
The Foundations of the New Regulation
To address the housing shortage for local residents, the Basque Country municipalities have introduced a compensation principle. This measure aims to convert unused spaces, such as offices or commercial premises, into year-round housing. Thus, the city intends to slow the development of furnished tourist rentals and maintain a balance among different types of premises usage.
What is the compensation principle?
The compensation principle requires owners of furnished tourist accommodations to replace each rental property offered for seasonal rental with a year-round dwelling of equivalent surface area. This measure is intended to compensate for the lack of affordable housing for permanent residents, ensuring that the benefits of tourist rentals do not come at the expense of the local population.
Application rules of the new regulation
| Key Elements | Details |
|---|---|
| Effective date | June 1, 2022 (date of implementing the compensation) |
| Communes concerned | Ahetze, Anglet, Arbonne, Arcangues, Ascain, Bassussarry, Bayonne, Biarritz, Bidart, Biriatou, Boucau, Ciboure, Guéthary, Hendaye, Jatxou, Lahonce, Larressore, Mouguerre, Saint-Jean-de-Luz, Saint-Pierre-d’Irube, Urcuit, Urrugne, Ustaritz, Villefranque |
| Types of affected dwellings | Main and secondary residences, individuals and companies |
Who is affected by this regulation?
The regulation applies to any owner offering accommodation for short-term rental, whether for a primary residence (used more than 120 days per year) or a secondary residence. This also includes legal entities such as property management companies. The rules aim to regulate rentals across 24 communes in the Basque Country, ensuring that the interests of local communities and residents are preserved.
Steps to remain compliant
For property owners wishing to rent their property, it is crucial to comply with the new regulation. Here are the steps to follow:
| Situation | Necessary steps |
|---|---|
| Already authorized for change of use | No action required, valid until the expiration date |
| Not yet authorized for change of use | Submit an application before June 1, 2022, to be exempt from the compensation |
Possible exemptions
Two notable exceptions exist within this regulation to ease certain restrictions:
- The student rentals are exempt from compensation if the dwelling is rented to a student for 9 months, and offered as a furnished tourist rental during 3 summer months.
- Residences that are the main residence can be rented without compensation, provided certain proximity and charge conditions are met.
Advice for Concierge Angels clients
For our clients, acting quickly is important. Here are some recommendations to ensure you comply with the new rules:
- If you already have authorization for change of use, continue working with Concierge Angels worry-free for the next three years.
- Without authorization, we recommend applying for a change of use before the deadline mentioned above.
- Consider implementing a mixed rental with a mobility lease, allowing you to rent to students for 9 months followed by 3 months of seasonal rental.
For more information on the legal framework surrounding these changes, you might explore resources such as Juridique Facile or France Bleu.
At Concierge Angels, we remain available to answer all your questions and support you in managing your property in light of these new regulations. Do not hesitate to contact us for more information and to ensure the legality of your short-term rental operations.
Since July 2022, the Basque Country has introduced new regulations governing short-term Airbnb rentals. These changes aim to better organize the rental market, support local residents, and limit the development of furnished tourist rentals. In this article, we provide a comprehensive overview of these new rules and practical advice to ensure your rental remains compliant with current legislation.
The new regulation explained
The Basque Country municipalities have implemented a compensation principle for owners offering their property for seasonal rental. Essentially, this means that for each temporary dwelling rented out, a permanent housing unit must be created from premises not intended for residential use. This measure aims to restore a balance between the number of available year-round homes and seasonal rentals, while promoting the maintenance of local businesses.
Who is affected by these new rules?
Any person wishing to rent their property as furnished accommodation must consider this new regulation. This includes both owners of primary residences renting more than 120 days per year and those with secondary residences intended for short-term rentals. The regulation applies to 24 communes in the Basque Country, including iconic towns such as Biarritz, Bayonne, and Saint-Jean-de-Luz.
How to stay compliant with the rules?
If you are the owner of a rental property, it is essential to take measures to comply with the regulation. Since June 1, 2022, any change of use request must be accompanied by a compensation. If you already have a valid change of use authorization, you will not need to undertake new procedures for the next three years. However, if you do not yet have this authorization, it is advisable to apply for it as soon as possible to avoid being subject to the compensation regulation.
Possible exemptions
A certain flexibility is offered through two existing exemptions. Properties can be rented to students for a period of 9 months, with the option to then rent them for short stays during 3 summer months. Furthermore, dwellings that are the owner’s primary residence can also be offered as seasonal rentals, provided certain proximity and access conditions are met.
Advice for HostnFly clients
For HostnFly clients, it is crucial to follow some steps to ensure the continuity of your rental activity. If you already have a change of use authorization, continue operating as usual. If not, consider obtaining the change of use before the deadline to be exempt from compensation. You can also opt for a mixed rental, combining student rentals during the year with short stays in summer, always respecting the legislation in place.
To deepen your understanding, do not hesitate to consult additional articles on insurance guarantees for seasonal rentals, property management, and best practices for hosting your guests using the resources available on specialized websites.
The new regulation concerning Airbnb rentals in the Basque Country has been eased, with enforcement delayed to March 2023. Municipalities have established a compensation principle to maintain a balance between year-round housing and seasonal furnished rentals. Owners already holding a change of use authorization need not worry, but those without it should act quickly. Note that exemptions exist for student leases and rentals within primary residences. For HostnFly clients, compliance is essential, whether by obtaining the necessary authorization or adopting a mixed approach to optimize property management.
This regulatory shift underscores the importance of responsible management of tourist furnished rentals, aimed at preserving local housing while allowing the enjoyment of the rich Basque tourism.
