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 conversion of housing into full-time tourist rentals. This rule helps maintain housing availability for residents while allowing tourism activities. |
| ⚖️ Impacts on the real estate market | Short-term rentals have impacted the real estate market, driving up prices 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 the limit | Exceeding the limit may lead to substantial fines and rental bans. Property owners must carefully monitor the number of days rented. |
| 🌆 Impact on neighborhoods and residents | Excessive rentals can alter neighborhood dynamics, with complaints about nuisances and the loss of community life. The rule aims to preserve residents’ quality of life. |
| 🏖️ Renting a secondary residence without limit | Secondary residences are not subject to the 120-day limit, providing a flexibility to maximize rental income without the restrictions of primary residences. However, administrative obligations must be followed according to local regulations. |
| 📝 Administrative formalities to comply with | To rent a secondary residence, it may be necessary to submit a prior declaration to the municipality, especially in tourist areas where stricter rules 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 rental, sometimes with a compensation rule. This process aims to limit excessive conversion of homes into short-term rentals. |
| 💰 Financial benefits for owners | Renting a secondary residence without limits allows owners to maximize rental income, especially in high-demand tourist areas. Owners can also enjoy their property for personal stays. |
| 🚨 Restrictions in certain cities | Some cities impose additional restrictions to protect housing supply and limit tourism’s negative impacts on local residents. These may include 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. Discover how to maximize your income while respecting legal limits.
The 120-day rule for primary residences
Why a 120-day limit?
The 120-day limit per year was implemented to balance the real estate market. In major cities and tourist areas, many homes were converted into full-time tourist rentals, reducing the number of properties available for residents. The 120-day restriction helps maintain tourism activity while ensuring that housing remains accessible to permanent residents.
Impacts on the real estate market
The impact of short-term rentals on the real estate market has been significant, especially in large cities. By reducing the availability of long-term housing, tourist rentals have contributed to raising property prices and making housing access more difficult for local residents. The 120-day rule seeks to counteract this trend by regulating the supply of tourist accommodations to balance the needs of residents and tourism opportunities.
Automatic blocking by platforms
To ensure adherence to the 120-day rule, platforms like Airbnb have implemented an automatic blocking system for listings. Once this limit is reached, property owners cannot receive additional reservations on these platforms. This system guarantees compliance with current regulations without requiring local authorities’ intervention.
Penalties for exceeding the limit
Failure to respect the 120-day limit can lead to penalties. Municipalities may impose fines of several thousand euros, and the rental of the property may be prohibited. Property owners must therefore ensure they stay within this limit to avoid financial penalties and legal complications with local authorities.
Impact on neighborhoods and residents
In highly touristic cities, the multiplication of short-term rentals can modify neighborhood dynamics. Complaints related to noise nuisances, constant passage of travelers, and loss of community life are common. The 120-day limit aims to preserve a certain quality of life for residents by minimizing the impact of tourist rentals on the daily lives of permanent residents.
Renting a secondary residence without limit
Unlike primary residences, secondary residences are not subject to the 120-day annual limit. This means owners can rent their property as many days as they want throughout the year, providing maximum flexibility to generate rental income. However, this freedom comes with various administrative obligations.
Administrative formalities to follow
To rent a secondary residence for short-term stays, owners must respect local regulations. In certain cities, owners must file a prior declaration with the municipality before listing their property on platforms like Airbnb. This process allows local authorities to monitor and regulate tourist rentals within their jurisdiction.
In large cities or tight tourist zones, stricter rules may apply, such as requiring a change of use authorization to convert a residential property into a tourist furnished rental. This process can be lengthy and costly, especially in cities where a compensation rule is enforced.
Change of use and compensation
In cities with populations over 200,000 or in tight zones, a change of use is often necessary to rent a secondary residence for short stays. This change may involve a compensation rule, requiring owners to convert another property (usually a commercial space) into a residential unit to offset the loss of a property used for tourist rentals.
This measure aims to limit excessive conversion of housing into tourist furnished rentals and to protect the housing supply for residents. Non-compliance with these rules can lead to significant sanctions for owners.
Financial advantages for owners
The ability to rent out a secondary residence without a limit 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 high-demand tourist areas. Owners can also use their property for personal stays and earn income during times they are not occupying it.
Restrictions in certain cities
While renting out secondary residences is free in terms of days, some cities like Paris, Bordeaux, or Annecy impose additional restrictions to limit tourism’s impact on the housing market. These can 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, some exceptions allow exceeding this limit under specific conditions. These exceptions are designed to account for special situations that prevent owners from residing in their primary residence.
Professional obligations
One major exception concerns professional obligations. If owners must leave their property for an extended period due to their work, such as a foreign assignment or long-term mission, they may exceed the 120-day rental limit on Airbnb or other platforms. However, they must provide proof to justify their absence, such as employment contracts or documents confirming the duration and necessity of their work-related absence.
Health reasons
Another important exception relates to health reasons. If owners are compelled to leave their primary residence for an extended period due to hospitalization or long-term medical treatment, they can also request an exemption to surpass the 120 days of rental. In this case, medical certificates or other supporting documents are necessary to prove that the absence is medically justified.
Force majeure cases
Force majeure situations are the third notable exception. This concept covers unforeseen and unavoidable events, such as a natural disaster, travel restrictions due to a pandemic (as seen with Covid-19), or any other circumstances 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-day limit. However, such situations must be demonstrated and justified to 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 documents proving their situation. Consulting a specialized lawyer in real estate or short-term rentals is recommended to ensure all administrative steps are properly followed. In case of dispute, courts can also be involved to review the 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 because this rule does not apply to partial rentals. This means you can rent one or more rooms of your main home all year round without being constrained by the maximum duration imposed for fully rented primary residences. This solution offers interesting flexibility for owners wishing to generate additional income while complying with legislation.
The benefits of partial rental
Renting a room in your primary residence not only increases your rental income but also optimizes the use of available space in your home. This can be particularly advantageous for owners who do not occupy all rooms of their house or apartment. Additionally, unlike renting an entire property, there is no restriction on the number of days you can rent a room.
Conditions to follow
Although partial rental of your primary residence exempts you from the 120-day limit, certain administrative obligations still need to be respected. For example, in some cities, you must declare the room rental to the municipality and obtain an registration number, just like for regular short-term rentals. You must also ensure compliance with co-ownership rules if your property is part of a building.
Welcoming travelers
Renting a room in your primary residence often means you are present during travelers’ stays. This allows you to better control activities in your home and to maintain good relations with your neighbors. This closeness can also be an asset for travelers, who often appreciate local advice and on-site assistance from a host.
Tax impact
Renting a room in your main 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 taxation.
Risks of penalties for exceeding limits
Failing to respect the 120-day limit for renting out your primary residence can lead to significant financial penalties. Authorities are increasingly strict about enforcing this rule, particularly in high-demand tourist areas where the real estate market is already under pressure. Owners who exceed this limit risk high fines and other legal consequences.
Fines for non-compliance
If an owner rents out their primary residence beyond the allowed 120 days, they risk receiving a fine that can reach several thousand euros. In 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 exacerbates the housing shortage for permanent residents.
Listing suspension
In addition to financial penalties, rental platforms like Airbnb and Abritel have implemented automatic systems that block listings once the 120-day limit is exceeded. This means owners can no longer continue renting their property on these platforms, resulting in a loss of potential income. This automatic blocking guarantees compliance with local regulations.
Municipal vigilance
Municipalities, especially in large cities and tourist zones, are increasingly vigilant regarding short-term rentals. Some cities even have dedicated teams to monitor platforms and verify that owners adhere to the 120-day limit. During inspections, owners who exceed this limit risk legal proceedings and fines.
How to avoid penalties
To avoid penalties and stay compliant with the law, it is essential to check local rules before listing your property. Each city may have different requirements, and it is important to consult your municipality for procedures such as obtaining a registration number or declaring the rental.
