Regulations governing Airbnb rentals have significantly evolved in recent years to better regulate the short-term rental market. These reforms mainly aim to protect access to housing for local residents, especially in areas where demand for housing far exceeds supply. Here is a guide to understanding the main rules that property owners must comply with to adhere to current legislation.
Mandatory Registration of Rentals
Registering properties listed on platforms like Airbnb is now compulsory for all owners. This measure has been implemented to ensure greater transparency and enable more rigorous monitoring of short-term rentals. Indeed, this process allows local authorities to verify that each rental property complies with local regulations, whether regarding rental duration or energy performance criteria.
Why is this Registration Necessary?
Registration allows authorities to track and control the number of housing units 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 rental on the supply of permanent housing. It also helps prevent too many properties from being removed from the traditional rental market to be converted into tourist furnished rentals. This rigorous monitoring helps maintain a balance between tourism and access to housing for permanent residents.
Risks of Non-Registration
Failure to comply with the registration requirement exposes owners to substantial financial penalties. 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, can also be fined significantly, reaching as high as 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 do not follow current rules have been considerably increased. These measures aim to deter owners from violating the law and to ensure better oversight of tourist rentals in areas with high demand, where the availability of housing for local residents is often limited.
Fines of up to 100,000 Euros
New legal provisions prescribe much stricter fines for owners in breach. In cases of non-compliance with legal obligations, such as changes in use for secondary residences or exceeding the 120-day rental cap for primary residences, financial penalties can reach up to 100,000 euros. These higher sanctions are designed to discourage illegal practices and compel owners to respect current legislation.
Registration Number Suspension
In addition to fines, municipalities now have the authority to suspend or revoke the registration number of a property in violation. The registration number is essential to rent a property on platforms like Airbnb. Its suspension immediately prohibits renting the property, requiring the owner to rectify the situation before resuming renting. This sanction provides a direct and effective measure to regulate the market and ensure that only compliant properties are available for rent.
Change of Use for Secondary Residences
If you rent out a secondary residence 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 secondary residences from being massively converted into tourist furnished rentals, thus reducing the supply 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 Sanctions
To initiate a change of use, owners must submit an application to the municipality. This application must include information about the current use of the property and the reasons for the change request. In some municipalities, compensations are also required, especially in terms of creating new housing for permanent residents. Failure to comply with this obligation can result in significant financial penalties, potentially reaching up to 100,000 euros. Moreover, their registration number can be suspended, blocking any new rental until the situation is regularized.
Taxation and Revised Allowances
The micro-BIC regime, which applies to income derived from short-term rentals, has also been modified. From now on, furnished rentals classified as such benefit from a 50 % tax deduction, while non-classified rentals only receive a 30 % deduction. This change significantly reduces previous rates, where classified furnished rentals could benefit from up to 71 % deduction.
Impact on Owners
This revision of taxation directly affects owners, who will see their taxable income increase. Non-classified rentals are now less favorable fiscally, which reduces the profitability of certain short-term rentals. Owners are thus encouraged to classify their properties to benefit from more favorable deductions, which could also improve the quality of properties listed on rental platforms.
Limitation on 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 exceed this 120-day limit, particularly for health reasons or work commitments. However, without valid justification, infractions can lead to fines of up to 10,000 euros. Platforms like Airbnb must also comply with this rule, under threat of sanctions for failing to block listings that exceed the legal limit.
Mandatory Energy Performance
Starting from 2034, all tourist furnished rentals will be required to have a minimum energy performance diagnosis (DPE) of class D. This new obligation is part of reforms aimed at making housing more environmentally friendly. By imposing stricter energy standards, authorities seek to improve the energy efficiency of housing and reduce their environmental impact.
Compliance Work
<Owners have ten years to carry out the necessary works for compliance. This may include thermal insulation, improving heating systems, or installing energy-efficient devices. If a property does not meet this requirement starting in 2034, it will be prohibited from being rented as a tourist furnished rental, under penalty of sanctions. This obligation aims to reduce the carbon footprint of rentals while ensuring better thermal comfort for tenants.
