In Summary
| 📜 Section | 📅 Content |
|---|---|
| 🏠 Rules for Renting a Primary Residence | Definition, limited to 120 days/year, obligations for property 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, obtain an registration number to display. |
| 🏢 Rules for Renting a Second Home | Mandatory change of use, necessary compensation in the city center, maintaining balance between tourist accommodation and traditional housing. |
| ⚖️ Punishments for Non-Compliance | Fines up to 50,000 euros, regular inspections, possibility of legal action in case of serious violations. |
In recent years, the City of Lyon has implemented strict rules to regulate rentals via Airbnb. In response to the housing crisis, reinforced measures have been adopted to regulate short-term rentals. Here is everything you need to know about Airbnb regulations in Lyon.
Rules for Renting a Primary Residence
Definition of a primary residence
A primary residence, according to Airbnb regulations in Lyon, is defined as the housing that you occupy for at least eight months per year. This means it must be your main home, where you live most of the year, except 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 housing stock is primarily dedicated to 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 helps prevent practices where owners 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 day limit 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 specific permission, unless the property is part of a condominium. In that case, rules of coproperty must be followed, and it’s important to verify whether subletting is permitted. Condominium rules can include restrictions related to noise, use of shared areas, or the rights of other co-owners, which must be considered before listing a property for rent.
Another aspect to consider is that even if 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 subscribe to insurance covering potential damages caused by tenants, as they could incur the owner’s responsibility.
For tenants
Tenants wishing to sublet their residence via Airbnb must obtain their owner’s consent. This rule protects the rights of the owner and prevents the property from being used in violation of the initial lease agreement. The owner must be informed of and give written approval for the subletting, or the tenant risks termination of the lease.
Moreover, the rent for the sublet must always be lower than what the main tenant pays. This condition aims to prevent real estate speculation, where tenants might profit from tourist rentals by subletting 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 primary tenant remains responsible for damages caused to the property or shared building areas by temporary tenants. They must ensure that subletting conditions comply with regulations, especially regarding security and that neighbors are not disturbed. The tenant should also verify that subletting is covered by insurance, as they would be responsible in case of issues.
The 120-Day Limit for Rental
The current regulations in Lyon impose a strict limit of 120 days per year for renting out a primary residence via platforms like Airbnb. This measure was introduced to protect the real estate market and ensure properties are not primarily used for tourism, remaining 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 imposed by the city, ensuring owners do not circumvent this restriction by offering their homes for longer periods. This regulation is vital, as it helps mitigate negative impacts of short-term rentals on the local market.
Why such a limit?
This 120-day limit aims to prevent owners from turning their primary residences into full-time tourist accommodations, which would reduce the availability of housing for residents. In highly demanded areas like Lyon, many owners might be tempted to favor short-term, more profitable rentals over long-term leases, exacerbating the housing crisis.
Limiting the number of days to 120 per year ensures that the residence remains primarily the home of the owner or tenant year-round. It helps prevent 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 automated system that tracks the number of days a property is rented on its platform. As soon as the 120-day threshold is reached, the listing is blocked, and the owner cannot offer their property further until the end of the calendar year. This control mechanism reinforces transparency and ensures adherence to local rules.
This system also applies to other major French cities with similar real estate pressure, such as Paris or Nice. The goal is to preserve traditional housing stock and prevent the most desirable Lyon neighborhoods from becoming permanent tourist zones.
Exceptions and flexibility
It’s important to note that this 120-day limit only applies 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 town hall and comply with compensation obligations imposed by the city, especially in Lyon’s city center.
In exceptional cases, such as long professional absences, specific requests can be made to the city hall to obtain exemptions from the 120-day limit, although these are rare and require solid justification.
Zones subject to compensation
| Zone | Minimum surface for compensation | Mandatory compensation? |
|---|---|---|
| City center of Lyon (Presqu’île, Croix-Rousse, Vieux-Lyon) | From 1 m² | Yes |
| Outside the city center of Lyon | 35 m² or more | Yes |
| Outside the city center of Lyon | Less than 35 m² | No |
Mandatory Registration at the Town Hall
To comply with regulations in Lyon, registering your property with the town hall is mandatory 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 receive a number to display, which must be prominently visible on your Airbnb listing.
How does the registration process work?
Your property registration can be done online via a tele-declaration service provided by the Lyon city hall. This process is quick and easy, allowing you to obtain a unique registration number for your property. This number is essential, as it enables the city to track exactly the number of days your property is rented on platforms like Airbnb.
The registration number must then be clearly indicated in all your rental listings. This includes not only Airbnb but also other short-term rental platforms. Displaying this number is mandatory, and failure to do so may result in administrative sanctions.
Why is this important?
The main goal of registration is to ensure better transparency in the short-term rental market in Lyon. With this measure, the city can verify that owners respect the 120-day annual limit for primary residences. It also helps monitor the number of properties allocated to tourist rentals and better control their impact on the traditional rental market.
Furthermore, this process helps prevent fraud and identify owners who may be circumventing regulations, such as renting a property more than 120 days without declaring a change of use. Registration is an essential tool to maintain a balance between tourism and affordable housing for Lyon residents.
Administrative steps to follow
| Step | Where to do it? | Required documents | Validity period |
|---|---|---|---|
| Registering your property (primary residence) | Lyon town hall (online) | Property information, proof of identity | Permanent, unless there’s a change |
| Change of use (second residence) | Lyon town hall, urban planning | Proof of ownership, property plan | Requires authorization for each property |
| Change of designation (commercial space) | Lyon town hall, urban planning | Property plan, intended use (hotel industry) | Permanent after authorization |
Sanctions for failing to register
Failing to register a property rented on short-term platforms like Airbnb can result in significant fines. Non-compliance may lead property owners to face sanctions up to several thousand euros. These measures prevent properties from escaping regulatory oversight and help address the housing shortage for permanent residents.
An expanding system
Since its implementation, Lyon has increased efforts to monitor and control seasonal rentals. In addition to regular checks, the city encourages residents to report properties that do not comply with regulations, strengthening the fight against illegal rentals. This system aims to improve the supply of housing in Lyon by ensuring that primary residences are not diverted from their main purpose for tourist use.
| Violation | Fine amount | Consequence |
|---|---|---|
| Failure to respect the 120-day limit | Up to 5,000 euros | Immediate fine |
| Failure to register at the town hall | Up to 5,000 euros | Fine + suspension of listing platforms |
| Failure to comply with compensation rules | Up to 50,000 euros | Fine + ban on renting via Airbnb |
| Repeated violations | Over 50,000 euros | Legal proceedings |
Rules for Renting a Second Home
Mandatory change of use
When you wish to rent a second home via Airbnb in Lyon, law requires obtaining a change of use authorization. This step is mandatory for any property used for tourist 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 withdrawn from the standard rental market in favor of tourist rentals.
In addition to this change of use request, the city imposes a compensation rule. This means that if you convert a second home into furnished tourist accommodation, you must provide another property on the regular rental market. Compensation involves offering an equivalent size unit that will serve as permanent housing for Lyon residents. This measure aims to prevent a reduction in long-term housing availability, especially in the most sought-after neighborhoods.
Strict application in the city center
Regulations are particularly strict in Lyon’s city center, including districts like Presqu’île, Croix-Rousse, and Vieux-Lyon. These areas are very attractive to tourists but also vital for local life, with high demand for traditional housing. In these zones, compensation is required from the first square meter rented out on short-term platforms, even for small surfaces.
To rent a property in these zones, you must not only obtain change of use authorization but also offer a compensation property within the same district. This means that if you rent a 60 m² apartment in Presqu’île for tourist stays, you must provide another property of at least 60 m² on the traditional rental market within the same neighborhood. This rule helps maintain a balance between residents’ needs and tourism, preventing tourist accommodations from overshadowing traditional rental offerings.
Impact of compensation on the rental market
The compensation principle aims to reduce the negative impact of short-term rentals on the long-term rental market. By requiring owners to provide an equivalent property on the standard rental market, Lyon seeks to ensure that the number of housing available for residents does not decline too sharply. In highly demanded areas like the city center, where rent prices are already high, this measure is crucial to avoid a long-term housing shortage.
Sanctions for non-compliance
Failure to adhere to change of use and compensation rules can lead to severe sanctions, including substantial fines amounting to several thousand euros. These penalties are designed to discourage owners from circumventing the law and to preserve the balance between tourist rentals and the housing needs of Lyon residents. Regular inspections are carried out by the city, and violators face legal proceedings.
Obligations summary based on the type of property
| Type of property | Required authorization | Rental limit | Additional obligations |
|---|---|---|---|
| Primary residence | No (except in condominiums) | 120 days per year | Registration at the town hall, display of registration number |
| Second residence | Change of use required | More than 120 days per year | Mandatory compensation in certain zones |
| Commercial space | Change of destination (hotel use) | None | No specific limit but must follow particular procedures |
Consequences for Non-Compliance
Failure to follow the rules governing Airbnb rentals in Lyon can lead to very heavy financial sanctions. Owners failing to comply risk fines up to 50,000 euros. This measure aims to deter abuses and ensure that homes reserved for residents are not diverted from their primary use for tourist rentals.
Regular inspections
Lyon conducts regular inspections to verify compliance with legal obligations. These checks cover both primary and second residences. Municipal services cooperate closely with platforms like Airbnb to monitor listings and verify that owners respect the 120-day limit for primary residences, as well as the rules of change of use for second homes.
In case of violations, municipal agents may issue formal warnings requiring owners to rectify their situation under threat of additional sanctions. Since these measures were introduced, several owners have already been fined up to tens of thousands of euros.
Financial penalties
Penalties can be particularly severe for owners who rent out homes without necessary authorization or who fail to meet compensation obligations in areas like Lyon’s city center. Besides fines up to 50,000 euros, other sanctions include suspending the ability to rent through Airbnb and increasing oversight.
Legal proceedings
In the most serious cases, especially repeated or deliberate violations, judicial actions can be taken against offending owners. These proceedings may include financial penalties, restrictions on renting properties for tourism, and other measures. Lyon treats these infractions very seriously, and violators face judicial consequences if they attempt to bypass regulations.
Conclusion: A Necessary Framework for a Balanced Market
Lyon’s Airbnb regulations aim to limit abuses of short-term rentals and to protect residents. By following these rules, you will help maintain a balanced housing market while enjoying the benefits of tourist rentals.
