In summary
| 📜 Section | 📅 Description |
|---|---|
| 🏠 The 120-day rule for primary residences | A limit of 120 days per year is established to balance the real estate market and reduce the conversion of homes into full-time tourist rentals. This rule helps maintain housing availability for residents while enabling tourism activity. |
| ⚖️ Impacts on the real estate market | Short-term rentals have impacted the real estate market, driving up prices and making housing more difficult for locals to access. The 120-day rule aims to regulate the supply of tourist accommodations. |
| 🔒 Automatic platform blocking | Platforms like Airbnb use an automatic system to block listings once the 120-day limit is reached, ensuring compliance with regulations without local intervention. |
| 🚫 Punishments for exceeding limits | Exceeding the limit can lead to significant fines and rental bans. Owners must carefully monitor the number of days their property is rented. |
| 🌆 Impact on neighborhoods and residents | Excessive rentals can change neighborhood dynamics, with complaints about nuisances and 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, providing flexibility to maximize rental income without restrictions of primary residences. However, administrative obligations must be followed according to local regulations. |
| 📝 Administrative formalities to follow | To rent a secondary residence, it may be necessary to make a prior declaration at the town hall, especially in tourist zones where stricter rules may apply. |
| 🔄 Change of use and compensation | In some large cities, changing the use is required to convert a residential property into a furnished tourist rental, sometimes with a compensation rule. This process aims to limit excessive conversion of homes into tourist rentals. |
| 💰 Financial advantages for owners | Renting a secondary residence without limits allows owners to maximize their rental income, especially in high-demand tourist areas. Owners can also enjoy their property for personal stays. |
| 🚨 Restrictions in certain cities | Some cities impose additional restrictions to protect housing supply and limit tourism’s negative impacts on locals. These may include duration caps, compensation rules, or mandatory 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. Discover how to maximize your income while respecting legal limits.
The 120-day rule for primary residences
Why a 120-day limit?
The 120-day per year limit was implemented to balance the real estate market. In large cities and tourist zones, many homes were converted into full-time tourist rentals, reducing the number of properties available for residents. Limiting to 120 days helps maintain tourism activity while ensuring properties remain accessible for permanent residents.
Impacts on the real estate market
The effect 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 raising property prices and making housing more difficult for local residents. The 120-day rule aims to curb this trend by regulating the supply of tourist accommodations to preserve a balance between residents’ needs and tourism opportunities.
Automatic platform blocking
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 device guarantees that owners comply with current regulations without local intervention.
Penalties for exceeding the limit
Failure to respect the 120-day limit can result in penalties. Municipalities may impose fines reaching thousands of euros, and rental of the property might be banned. Owners must therefore ensure they respect this limit to avoid financial penalties and legal complications with authorities.
Impact on neighborhoods and residents
In highly touristy cities, the multiplication of short-term rentals can alter neighborhood dynamics. Complaints about noise nuisances, persistent traveler flow, and the loss of community life are common. The 120-day limit aims to preserve a certain quality of life for residents by reducing the impact of tourist rentals on daily life.
Renting a secondary residence without limit
Unlike primary residences, secondary residences are not subject to the 120-day limit per year. This means owners can rent their property as many days as they like throughout the year, offering maximum flexibility to generate rental income. However, this freedom comes with several administrative obligations.
Administrative formalities to follow
To rent a secondary residence short-term, it’s necessary to comply with local regulations. In some cities, owners must file a prior declaration with the town hall before listing their property on platforms like Airbnb. This procedure allows the municipality to monitor and control tourist rentals in their jurisdiction.
In large cities or tight tourist zones, stricter rules may be imposed, such as requiring an change of use authorization to convert a residential unit into a furnished tourist rental. This process can be lengthy and costly, especially where compensation rules are in place.
Change of use and compensation
In cities with over 200,000 inhabitants or in tight zones, a change of use is often required to rent a secondary residence short-term. This change sometimes involves a compensation rule, where owners must convert another property (usually a commercial space) into residential housing to offset the loss of a lodging allocated to tourism rental.
This measure aims to limit excessive conversion of homes into tourist furnishings and to protect housing supply for residents. Non-compliance with these rules can lead to significant penalties for owners.
Financial advantages for owners
The ability to rent a secondary residence without limits allows owners to maximize their rental income. They can offer their property year-round on platforms like Airbnb, Abritel, or Booking, which can be particularly advantageous in areas with high tourist demand. Owners can also enjoy their property for personal stays, while earning income during periods they are not occupying it.
Restrictions in certain cities
Although renting out secondary residences is free in terms of days, some cities, like Paris, Bordeaux, or Annecy, impose additional restrictions to limit tourism’s impact on housing supply. These restrictions may include duration caps, compensation rules, or mandatory registration requirements.
Exceptions to the 120-day rule
Although the 120-day rule is strict for most owners, some exceptions allow exceeding this limit under specific conditions. These exceptions are designed to account for special circumstances that prevent owners from residing in their primary home.
Professional obligations
One key 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 can exceed the 120-day rental limit on Airbnb or other platforms. However, this requires providing proofs justifying the absence, such as employment contracts or official documents proving the duration and necessity of professional leave.
Health reasons
Another significant exception relates to health reasons. If an owner is forced to leave their primary residence for an extended time due to hospitalization or long-term medical treatment, they can also request an exemption to exceed the 120 days limit. Again, it will be necessary to submit medical certificates or official documents to demonstrate that the absence is medically justified.
Force majeure cases
Force majeure cases constitute the third notable exception. This category covers unpredictable and unavoidable events, such as a natural disaster, travel restrictions caused by a pandemic (as with Covid-19), or other situations beyond the owner’s control. In such cases, if the owner cannot physically reside in their primary home, they may 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 generally need to notify their municipality and provide the necessary documents proving their situation. Consulting a real estate lawyer or specialist in tourist rentals is recommended to ensure all administrative procedures are correctly followed. In case of disputes, courts can also be involved to review the justifications presented by the owner.
Renting a room in your primary residence
Renting a room in your primary residence allows you to bypass the 120-day limit, as this rule does not apply to partial rentals. You can rent one or more rooms of your main dwelling throughout the year without being restricted by the maximum duration imposed for entire primary residences. This solution offers interesting flexibility for owners wanting to generate additional income while complying with legislation.
Advantages of partial renting
Renting a room in your primary residence not only increases your rental income but also optimizes the use of available space in your property. It may be particularly beneficial for owners who do not occupy all rooms of their house or apartment. Furthermore, unlike renting 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 frees you from the 120-day limit, certain administrative obligations still apply. For example, in some cities, it is required to declare the room rental to the municipality and obtain a registration number, similar to standard short-term rentals. You must also ensure to respect co-ownership rules if your property is in a building.
Welcoming travelers
Renting a room in your primary residence typically means you will be present during travelers’ stays. This allows for easier supervision of activities and helps maintain good relationships with neighbors. This proximity can also be an advantage for travelers, who often appreciate local advice and on-site assistance from the host.
Tax impact
Renting a room in your primary residence can also be tax advantageous. As long as the income does not exceed a threshold (760 € per year in France), it can be tax-exempt. This option allows for additional income while benefiting from a favorable tax regime.
Risks of penalties if exceeding limits
Failure to respect the 120-day limit for renting your primary residence can lead to significant financial penalties. Authorities are increasingly strict about this rule, especially in high-tourism-demand zones where the real estate market is already under pressure. Owners exceeding the limit risk facing heavy fines and other legal consequences.
Fines for non-compliance
If an owner rents their main residence beyond the permitted 120 days, they risk receiving a fine that can reach thousands of euros. In cities like Paris, fines can amount to 50,000 euros per violation. These penalties aim to discourage owners from converting their primary residences into full-time tourist rentals, which worsens the housing shortage for permanent residents.
Suspension of listing
In addition to financial penalties, rental platforms like Airbnb and Abritel have implemented automatic systems that block listings once the 120-day limit is reached. This means owners can no longer continue renting their property on those platforms, resulting in potential loss of income. This automatic blockage ensures compliance with local regulations.
Municipal vigilance
Municipalities, especially in large cities and tourist zones, are increasingly vigilant regarding short-term rentals. Some have dedicated teams to monitor rental platforms and verify owner compliance with the 120-day limit. During inspections, owners exceeding this limit risk being prosecuted and fined.
How to avoid penalties?
To avoid penalties and stay compliant, it is essential to check local rules before listing your property. Each city may have different requirements, and it’s important to consult your municipality for procedures like obtaining an registration number or declaring the rental.
