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 transformation of housing into full-time tourist rentals. This rule helps to 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 prices up and making housing access more difficult for locals. The 120-day rule aims to regulate the supply of tourist accommodations. |
| 🔒 Automatic Blocking by Platforms | Platforms like Airbnb use an automatic system to block listings once the 120-day limit is reached, ensuring compliance with regulations without local intervention. |
| 🚫 Penalties for Exceeding Limits | Exceeding the limit may 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 spirit. The rule aims to preserve residents’ quality of life. |
| 🏖️ Renting a Second Home Without Limit | Second homes are not subject to the 120-day limit, allowing flexibility to maximize rental income without the restrictions of primary residences. However, administrative obligations must be adhered to according to local regulations. |
| 📝 Necessary Administrative Procedures | To rent out a second home, it may be required to submit a pre-declaration to the municipality, especially in tourist areas where stricter rules may apply. |
| 🔄 Change of Use and Compensation | In some large cities, a change of use is required to convert a residential property into a furnished tourist accommodation, sometimes with a compensation rule. This process aims to limit excessive conversion of housing into tourist rentals. |
| 💰 Financial Benefits for Property Owners | Renting a second home without limits allows owners to maximize rental income, especially in areas with high tourist demand. Owners can also use their property for personal stays while earning rental income during periods of non-occupancy. |
| 🚨 Restrictions in Certain Cities | Some cities impose additional restrictions to protect housing supply and limit tourism’s negative impacts on residents. These may include rental duration caps, compensation rules, or 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. Learn 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 introduced to balance the real estate market. In major cities and tourist areas, many properties were converted into full-time tourist rentals, reducing the number of available units for residents. The 120-day restriction helps sustain tourism activities while ensuring housing remains accessible to permanent residents.
Impacts on the Real Estate Market
The impact of short-term rentals on the housing market has been significant, especially in large cities. By reducing long-term housing availability, tourist rentals have contributed to rising property prices and made housing access more difficult for local residents. The 120-day rule seeks to curb this trend by regulating the supply of tourist accommodations to maintain a balance between residents’ needs and tourism opportunities.
Automatic Blocking by Platforms
To ensure compliance with the 120-day rule, platforms like Airbnb have implemented an automatic listing blocking system. Once the limit is reached, owners cannot accept additional reservations on that platform. This system guarantees owners adhere to current regulations without requiring local authorities to intervene.
Penalties for Exceeding Limits
In case of non-compliance with the 120-day limit, owners face sanctions. Municipalities can impose fines reaching thousands of euros, and the property may be prohibited from being rented out. Owners must therefore ensure compliance to avoid financial penalties and legal complications with authorities.
Neighborhood and Resident Impact
In highly touristy cities, the multiplication of short-term rentals can alter neighborhood dynamics. Complaints related to noise, constant influx of travelers, and loss of community life are common. The 120-day limit aims to maintain a certain quality of life for residents by reducing the impact of tourist rentals on daily life.
Renting Out a Second Home Without Limit
Unlike primary residences, second homes are not bound by the 120-day rule. This allows owners to rent their property any number of days throughout the year, providing maximum flexibility to generate rental income. However, this freedom involves several administrative obligations.
Necessary Administrative Procedures
To rent out a second home on a short-term basis, compliance with local regulations is required. In some cities, owners must submit a prior declaration to the municipality before listing their property on platforms like Airbnb. This process helps the city monitor and regulate tourist rentals within their jurisdiction.
In large cities or in tight tourist zones, stricter rules may apply, such as requiring a change of use authorization to convert a residential property into a furnished tourist accommodation. This process can be lengthy and costly, especially in cities where a compensation rule is in place.
Change of Use and Compensation
In cities with populations over 200,000 or in tight zones, a change of use is often required to rent out a second home on a short-term basis. This change may involve a compensation rule, where owners must convert another property (usually a commercial space) into residential units to offset the loss of a property designated for tourist rentals.
This measure aims to limit excessive conversion of housing into tourist accommodations and protect the housing supply for residents. Failure to comply with these rules can lead to significant sanctions against owners.
Financial Advantages for Owners
The ability to rent out a second home without restrictions allows owners to maximize their rental income. They can offer their property year-round on platforms like Airbnb, Abritel, or Booking, which can be especially advantageous in areas with high tourist demand. Owners can also enjoy their property for personal stays, while earning income during unoccupied periods.
Restrictions in Certain Cities
Although renting out second homes is free regarding the number of days, some cities, such as Paris, Bordeaux, or Annecy, impose additional restrictions to limit tourism’s impact on housing supply. These 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, certain exceptions allow exceeding this limit under specific conditions. These exceptions are designed to account for special circumstances preventing owners from residing in their primary residence.
Professional Obligations
One key exception concerns professional obligations. If an owner must leave their property for an extended period due to work, such as a detachment abroad or a long-term assignment, they may exceed the 120-day rental limit on Airbnb or other platforms. However, they must provide proofs supporting their absence, such as employment contracts or official documents proving the duration and necessity of the professional absence.
Health Reasons
Another important exception involves health reasons. If a owner is forced to leave their primary residence for an extended period due to hospitalization or long-term medical treatment, they may request an exemption to surpass the 120 days rental limit. In this case, medical certificates or other proofs must be provided to demonstrate that the absence is health-related.
Force Majeure Situations
Force majeure situations are the third notable exception. This term covers unforeseen and unavoidable events such as a natural disaster, travel restrictions caused by a pandemic (as seen with Covid-19), or other situations beyond the owner’s control. In these cases, if the owner cannot physically reside in their primary residence, they can rent their property beyond the 120 days limit. However, these situations must be demonstrated and justified before local authorities or in case of disputes with municipalities.
How to request an exemption?
To obtain an exemption from the 120-day rule, owners generally need to inform their municipality and provide necessary documents proving their situation. It is advisable to consult a specialized lawyer in real estate or tourism rentals to ensure all administrative procedures are properly followed. In case of disputes, courts may also be called upon to review justifications provided 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. This means you can rent one or more rooms of your main dwelling throughout the year, without being restricted by the maximum duration set for full primary residences. This solution offers interesting flexibility for owners wishing to generate additional income while complying with legislation.
Benefits of Partial Rental
Renting a room in your main residence not only increases your rental income but also optimizes the use of available space in your home. This can be especially beneficial for owners who do not occupy all parts of their house or apartment. Moreover, unlike renting out an entire property, there is no restriction on the number of days you can rent a room.
Conditions to Meet
Although partial rental of your primary residence exempts you from the 120-day limit, certain administrative obligations must still be followed. For example, in some cities, you must declare the rental of the room to the municipality and obtain a registration number, similar to traditional short-term rental regulations. You must also ensure to respect co-ownership rules if your accommodation is part of a building.
Welcoming Travelers
Renting a room in your main residence usually means you are present during travelers’ stays. This allows you to better control activities in your home and maintain good relations with neighbors. This proximity can also be an asset for travelers, who often appreciate local advice and on-site assistance from the host.
Tax Impact
Renting a room in your primary residence also offers tax advantages. As long as the income does not exceed a certain threshold (760 € per year in France), it can be exempt from tax. This option thus allows you to supplement your income while benefiting from favorable tax treatment.
Risks of Sanctions for Exceeding Limits
Failing to abide by the 120-day limit for renting out your primary residence can lead to significant financial sanctions. Authorities are increasingly strict about enforcing this rule, particularly in high-tourist-demand areas where the real estate market is already under pressure. Owners exceeding this limit face fines and other legal consequences.
Fines for Non-Compliance
If an owner rents out their primary residence beyond the permitted 120 days, they risk receiving a fine that can reach thousands of euros. In some cities like Paris, fines can go up to 50,000 euros per violation. These sanctions aim to discourage owners from converting their primary residences into full-time tourist rentals, which contributes to the shortage of housing for permanent residents.
Listing Suspension
Beyond financial penalties, rental platforms like Airbnb and Abritel have implemented automatic systems that block listings once the 120-day limit is reached. This makes it impossible for owners to continue renting out their property on these platforms, resulting in a loss of potential income. These automated blocks help ensure compliance with local regulations.
Municipal Vigilance
Municipalities, especially in major cities and tourist areas, are more vigilant regarding short-term rentals. Some have dedicated teams to monitor rental platforms and verify owners’ adherence to the 120-day limit. Owners exceeding this threshold risk legal proceedings and fines.
How to Avoid Sanctions
To prevent sanctions and stay compliant with laws, it is crucial to check local rules before listing your property. Each city may have different requirements, and it’s important to inquire with your municipality about procedures such as obtaining a registration number or declaring the rental activity.
