In Summary
| 📜 Section | 📅 Content |
|---|---|
| 🏠 Rules for Renting a Primary Residence | Definition, limited to 120 days/year, obligations for owners and tenants, registration required. |
| 🔒 Rental Limits | Limited to 120 days to prevent exclusive use as a tourist accommodation, automatic controls by Airbnb. |
| 📋 Mandatory Registration | Need to register the property with the town hall for oversight and transparency, obtaining a registration number to display. |
| 🏢 Rules for Renting a Second Home | Mandatory change of use, necessary compensation in the city center, maintaining balance between tourist and traditional housing. |
| ⚖️ Punishments for Non-Compliance | Fines up to 50,000 euros, regular checks, potential legal action in case of serious breaches. |
For several years, the City of Lyon has implemented strict regulations to oversee rentals via Airbnb. In response to the housing crisis, strengthened measures have been adopted to regulate short-term rentals. Here is everything you need to know about Airbnb regulations in Lyon.
The Rules for Renting a Primary Residence
Definition of the primary residence
A primary residence, within the meaning of the Airbnb regulations in Lyon, is defined as the lodging that you occupy for at least eight months of the year. This means it must be your main home, where you live most of the year, with exceptions for periods of absence due to professional constraints, health reasons, or other justified circumstances. This rule is essential to prevent abuses and ensure that the homes are primarily dedicated to the residents of Lyon rather than tourism.
The limitation of rental of a primary residence to 120 days per year aims to protect the real estate market. It prevents practices where owners might use their primary residence mainly for tourist rentals, which could worsen the shortage of housing available for local residents. Airbnb, in collaboration with the city of Lyon, enforces this limit of days per year and automatically blocks listings once the threshold is reached.
For property owners
Owners of primary residences in Lyon can rent out their property via Airbnb without needing special permission, unless the property is part of a condominium. In that case, condo regulations must be followed, and it’s important to check if subletting is permitted. Condominium rules may include restrictions related to noise, use of shared areas, or rights of other owners, which must be considered before renting out a property.
Another aspect to consider is that although the city of Lyon does not require formal authorization, owners must ensure that their property complies with safety and hygiene standards. It is also recommended to take out insurance covering potential damages caused by tenants, as they could be held responsible.
For tenants
Tenants wishing to sublet their residence via Airbnb must obtain their owner’s approval. This rule aims to protect the rights of the owner and prevent the property from being used in ways contrary to the initial lease agreement. The owner must be informed of the sublease and give written approval; otherwise, the tenant risks termination of the lease.
Furthermore, the rent amount for the sub-lease must always be less than what the main tenant pays. This condition is intended to avoid real estate speculation, where tenants could profit from tourist rentals by sub-leasing the property at higher prices than their rent. It also ensures that control over the rent remains consistent with the initial lease.
Legal responsibility of the tenant
The main tenant remains responsible for damages caused to the property or building by temporary tenants. They must ensure that the sub-lease conditions respect regulations, including safety, and that neighbors do not suffer nuisances. The tenant must also verify that the sub-lease is covered by insurance, because in case of issues, they will be held responsible before their owner and potentially by law.
The 120-Day Limit for Rental
Lyon’s regulations impose a strict limit of 120 days per year for renting a primary residence via platforms such as Airbnb. This measure was put in place to protect the real estate market and ensure that homes are not primarily used for tourism, but remain available for permanent residents.
Since January 1, 2019, Airbnb has introduced an automatic system that blocks listings exceeding this 120-day limit. This system allows the platform to monitor and enforce the rules set by the city, ensuring owners do not bypass this restriction by offering their properties for extended periods. This regulation is crucial as it limits the negative effects of short-term rentals on the local market.
Why impose such a limit?
This 120-day limit aims to prevent owners from transforming their primary residences into full-time tourist accommodations, which would reduce the availability of housing for city residents. In high-demand areas like Lyon, many owners might be tempted to prioritize short-term rentals that are more profitable, at the expense of long-term leases, worsening the housing crisis.
Limiting the number of days to 120 per year ensures that the primary residence remains the home of the owner or tenant for most of the year. This helps keep properties from being used exclusively for commercial purposes and maintains a balance between tourism and residents’ needs.
How is this limit enforced?
Airbnb has implemented an automatic system that tracks the number of days a property is listed for rent on its platform. Once the 120-day limit is reached, the listing is blocked and the owner cannot offer their property until the end of the calendar year. This control mechanism enhances transparency and ensures compliance with local rules.
This system is also applied in other major French cities facing similar real estate pressures, such as Paris or Nice. Its goal is to preserve traditional housing supply and prevent the most attractive districts of Lyon from becoming permanent tourist zones.
Exceptions and flexibility
It’s important to note that this 120-day limit applies only to primary residences. Owners of secondary homes or properties rented more than 120 days per year must request a change of use authorization from the city hall and adhere to compensation obligations, especially in the Lyon city center.
In some exceptional cases, such as professional constraints requiring long absences, specific requests can be made to the city hall for exemptions from the 120-day limit, though these cases are rare and require strong justification.
Zones Affected by Compensation
| Zone | Minimum Surface for Compensation | Mandatory Compensation? |
|---|---|---|
| Lyon City Center (Presqu’île, Croix-Rousse, Old Lyon) | From 1 m² | Yes |
| Outside Lyon City Center | 35 m² or more | Yes |
| Outside Lyon City Center | Less than 35 m² | No |
Mandatory Registration at the Town Hall
To comply with the regulations in effect in Lyon, it is mandatory to register your property with the town hall before renting it out via Airbnb. This process allows the city to monitor short-term rentals and ensure all rules are followed. Once registered, you will be assigned a registration number, which must be visibly displayed on your Airbnb listing.
How is registration done?
Registration of your property can be done online through a tele-declaration service provided by Lyon’s town hall. This procedure is quick and straightforward, allowing you to obtain a unique registration number for your property. This number is essential for the city to accurately track the days your property is rented on platforms like Airbnb.
The registration number must then be clearly included in all your rental listings. This includes not only Airbnb but also other short-term rental platforms. Displaying this number is compulsory, and failure to do so may lead to administrative sanctions.
Why is this important?
The main goal of registration is to ensure better transparency in the short-term rental market in Lyon. This measure helps the city verify that owners respect the 120-day limit per year for primary residences. It also allows monitoring the number of properties used for tourist rentals and controlling the impact of these practices on the traditional rental market.
Furthermore, this process helps prevent fraud and identify owners attempting to bypass regulations, for example by renting a property over 120 days without declaring a change of use. Registration is therefore an essential tool to maintain a balance between tourism and housing access for Lyon residents.
Procedures to Follow
| Procedure | Where to do it? | Required Documents | Validity Period |
|---|---|---|---|
| Registering the property (primary residence) | Lyon Town Hall (online) | Property information, ID proof | Permanent, unless changed |
| Change of use (secondary residence) | Lyon Town Hall, urban planning | Ownership proof, property plan | Requires authorization for each property |
| Change of destination (commercial space) | Lyon Town Hall, urban planning | Property plan, intended destination (hotel) | Permanent after authorization |
Punishments for Failure to Register
Failing to register a property rented on platforms like Airbnb can result in substantial fines. Non-compliance risks penalties of several thousand euros. These sanctions aim to prevent properties from escaping inspection and contributing to the shortage of affordable housing for permanent residents.
An Expanding System
Since the implementation of this system, Lyon has increased efforts to control and monitor listings of seasonal rentals. In addition to regular inspections, the city encourages residents to report properties that do not comply with regulations, strengthening the fight against illegal rentals. This system helps better regulate housing availability in Lyon, ensuring that primary residences are not diverted from their primary purpose for tourism.
| Offense | Fine amount | Consequence |
|---|---|---|
| Failure to respect the 120-day limit | Up to 5,000 euros | Immediate fine |
| Failure to register with the town hall | Up to 5,000 euros | Fine + suspension of listing on platforms |
| Failure to comply with compensation rules | Up to 50,000 euros | Fine + prohibition from renting via Airbnb |
| Repeat offenses | More than 50,000 euros | Legal proceedings |
Rules for Renting a Second Home
Mandatory change of use
When you wish to rent out a second home via Airbnb in Lyon, the law requires obtaining a change of use authorization. This step is mandatory for all properties used for tourism purposes when rented for more than 120 days per year. The goal is to protect the traditional housing supply in Lyon by preventing too many properties from being removed from the standard rental market in favor of tourist rentals.
In addition to this authorization request, the city imposes a compensation rule. This means that if you convert a second home into a tourist furnished accommodation, you must provide another property in the regular rental market. The compensation involves offering an equivalent home that serves as permanent housing for Lyon residents. This measure aims to prevent the long-term shortage of housing, especially in highly sought-after neighborhoods.
Strict application in the city center
Regulations are particularly strict in the Lyon city center, including neighborhoods like Presqu’île, Croix-Rousse, and Old Lyon. These areas are highly attractive to tourists but also vital for local life, with strong demand for traditional housing. In these sectors, the compensation rule becomes mandatory from the first square meter rented short-term, even for smaller properties.
To rent a property in these areas, you must obtain the change of use authorization and offer a compensation property in the same district. This means that if you rent a 60 m² apartment in Presqu’île for tourist stays, you must rent out another property of 60 m² or more on the traditional rental market within the same neighborhood. This rule maintains a balance between residents’ needs and tourism, preventing tourist accommodations from overtaking traditional rentals.
Impact of compensation on the rental market
The principle of compensation aims to reduce the negative impact of short-term rentals on the long-term rental market. By requiring owners to provide an equivalent property for conventional renting, Lyon seeks to ensure that the number of housing units available for residents does not diminish excessively. In highly demanded areas like the city center, where rent prices are already high, this measure plays a key role in preventing a long-term housing shortage.
Penalties for non-compliance
Non-compliance with the rules for change of use and compensation can lead to severe sanctions, including substantial fines up to several thousand euros. These penalties are intended to discourage owners from bypassing the regulations, in order to preserve the balance between tourist rentals and resident housing needs. Regular inspections are conducted by the city to ensure these obligations are met; offenders face legal action.
Summary of obligations based on property type
| Type of property | Required authorization | Rental limit | Additional obligations |
|---|---|---|---|
| Main residence | None (except in condominium) | 120 days per year | Registration at the town hall, display of registration number |
| Second residence | Change of use mandatory | More than 120 days per year | Mandatory compensation in certain zones |
| Commercial premises | Change of destination (hotelier) | None | No duration limit but specific procedures must be followed |
Penalties for Non-Compliance
Violating the rules governing Airbnb rentals in Lyon can result in very heavy financial penalties. Owners who do not comply with regulations risk fines up to 50,000 euros. This measure aims to deter abuse and ensure that properties intended for residents are not diverted from their primary use for tourist rentals.
Regular inspections
Lyon conducts inspections to verify compliance with legal obligations. These checks concern both Main residences and second homes. Municipal authorities work closely with platforms such as Airbnb to monitor listings and verify that owners respect the 120-day rental limit for primary residences, as well as the change of use rules for second homes.
In case of offense, municipal officers can issue formal notices requiring owners to rectify their situation, with the risk of further penalties. Since these measures were introduced, several owners have been fined up to tens of thousands of euros.
Financial penalties
Penalties can be especially severe for owners renting out properties without proper authorization or failing to respect compensation obligations in affected zones, especially in Lyon’s city center. Besides fines reaching 50,000 euros, other sanctions may include suspension of rental rights via Airbnb and activity monitoring.
Legal proceedings
In the most serious cases, where violations are repeated or deliberate, legal action may be taken against offenders. These proceedings can include financial sanctions as well as restrictions on the ability to rent spaces for tourist purposes. Lyon treats these breaches very seriously, and fraudsters risk legal consequences if they attempt to circumvent regulations.
Conclusion: A Necessary Framework for a Balanced Market
Lyon’s Airbnb regulations aim to limit abuses in short-term rentals and protect residents. By complying with these rules, you contribute to maintaining a balanced real estate market, while benefiting from the advantages of tourist rentals.
