The 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 owners must comply with to adhere to current legislation.
Mandatory Registration of Rentals
Registration of properties listed on platforms like Airbnb is now compulsory for all owners. This measure was implemented to ensure greater transparency and enable more rigorous monitoring of short-term rentals. Indeed, this procedure allows local authorities to verify that each property being rented complies with local regulations, whether regarding rental duration or energy performance criteria.
Why Is This Registration Necessary?
The registration allows authorities to track and control the number of accommodations available for short-term rentals. In cities like Paris or Nice, where a housing shortage is a significant problem, this registration is crucial to limit the impact of short-term renting on the supply of permanent housing. It also helps prevent many properties from being withdrawn from the traditional rental market to be converted into tourist furnished rentals.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 obligation exposes owners to significant financial penalties. If a property is rented without proper registration, local authorities can impose fines of up to 10,000 euros on the owner. Additionally, platforms like Airbnb that do not remove non-compliant listings may also face substantial fines, potentially reaching up to 50,000 euros. This shared responsibility between owners and platforms encourages better compliance with legislation.
Increased Penalties for Non-Compliance
With the strengthening of regulations on short-term rentals, penalties for owners not respecting current rules have been significantly increased. These measures aim to deter owners from violating the law and to ensure better control of tourist rentals in tight areas, where the availability of housing for local residents is often limited.
Fines Up to 100,000 Euros
The new legal provisions provide for much harsher fines for owners who breach regulations. In case of non-compliance with legal obligations, such as not changing the use of secondary residences or exceeding the 120-day rental cap for primary residences, financial sanctions can reach up to 100,000 euros. These higher sanctions are in place to discourage illegal practices and to compel owners to respect current legislation.
Suspension of Registration Number
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. Suspension immediately results in a ban on renting the property, forcing the owner to regularize their situation to resume renting. This sanction is an effective and direct measure to regulate the market and ensure that only compliant properties are offered for rent.
Change of Use for Secondary Residences
If you rent out a secondary residence as a tourist furnished rental, it is often necessary to obtain a change of use for your property. This change is mandatory in many cities to ensure that secondary residences are not 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 market pressure on rental housing is already very high.
Procedures and Penalties
To carry out the change of use, owners must submit a file to the local authority. This file must include information about the current use of the property and the reasons for the change request. In some municipalities, compensations are also required, particularly in terms of creating new housing for permanent residents. Failure to comply with this obligation can result in significant penalties, up to 100,000 euros. Furthermore, their registration number may be suspended, preventing any new rentals until the situation has been regularized.
Taxation and Revised Deductions
The micro-BIC regime, applicable to income from short-term rentals, has also been modified. Now, furnished rentals that are classified benefit from a 50% tax deduction, whereas non-classified rentals only benefit from a 30% deduction. This change represents a significant reduction compared to previous rates, where classified furnished rentals could deduct up to 71%.
Impact on Owners
This revision of tax rules has a direct impact on owners, who will see their taxable income increase. Non-classified rentals, in particular, are now less favorable from a tax perspective, reducing the profitability of certain short-term rentals. Owners are therefore encouraged to classify their properties to benefit from a more favorable deduction, which could also improve the quality of properties listed on rental platforms.
Limit 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 access to the listing for the remainder of the year.
Exceptions and Penalties
In some exceptional cases, owners may exceed this 120-day limit, particularly for health reasons or professional obligations. However, without valid justification, violations can lead to fines of up to 10,000 euros. Platforms like Airbnb must also comply with this rule, under penalty of sanctions for failing to block a listing that exceeds the legal limit.
Mandatory Energy Performance
Starting in 2034, all tourist furnished rentals will be required to meet a minimum energy performance diagnosis (DPE) of class D. This new requirement is part of reforms aimed at making housing more environmentally friendly. By imposing stricter energy performance 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 work to achieve compliance. This may include thermal insulation work, upgrading heating systems, or installing energy-efficient devices. If a home does not meet this requirement from 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.
