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 understand the main rules that owners must comply with to adhere to current legislation.
Mandatory Registration of Rentals
Registering properties listed on platforms like Airbnb is now mandatory for all owners. This measure has been 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 listed complies with local regulations, whether regarding the rental duration or energy efficiency criteria.
Why is this Registration Necessary?
Registration enables authorities to track and control the number of housing units available for short-term rental. In cities like Paris or Nice, where a housing shortage is a major issue, this registration is crucial to limit the impact of short-term rental on the supply of permanent housing. It also helps prevent too many properties being withdrawn from the traditional rental market to be converted into tourist furnished rentals.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 requirement exposes owners to hefty financial penalties. If a property is rented out without proper registration, local authorities can impose fines of up to 10,000 euros on the owner. Additionally, platforms like Airbnb, which do not remove non-compliant listings, may also be fined substantially, up to 50,000 euros. This shared responsibility between owners and platforms encourages better compliance with legislation.
Enhanced Penalties for Non-Compliance
With the tightening of regulations on short-term rentals, penalties for owners who do not adhere to the rules have been significantly increased. These measures aim to deter owners from breaking the law and to ensure better oversight of tourist rentals in congested areas where availability of housing for local residents is often limited.
Fines Up to 100,000 Euros
New legal provisions stipulate much harsher fines for owners in breach. In cases of non-compliance with legal obligations, such as not changing the use for secondary residences or exceeding the 120-day rental cap for primary residences, financial penalties can reach up to 100,000 euros. These higher sanctions are intended to discourage illegal practices and to compel owners to respect current legislation.
Registration Number Suspension
In addition to fines, municipalities now have the authority to suspend or revoke a property’s registration number if violations occur. The registration number is essential for renting out a property on platforms like Airbnb. Suspension of this number immediately prohibits rental of the property, forcing the owner to regularize their situation before resuming rentals. This sanction serves as a direct and effective measure to regulate the market and ensure that only compliant properties are offered for rental.
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 prevent secondary residences from being extensively converted into tourist furnished rentals, thus reducing the supply of permanent housing for local residents. This process aims to control the use of immovable properties in areas where the pressure on the rental market is already very high.
Procedures and Penalties
To proceed with a change of use, owners must submit a file to the town hall. 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 respect this obligation can result in significant financial penalties, up to 100,000 euros. Furthermore, their registration number can be suspended, preventing any new rental until the situation is regularized.
Updated Taxation and Deductions
The micro-BIC regime, applicable to income generated from short-term rentals, has also been revised. Now, furnished classified rentals benefit from a 50% tax deduction, whereas non-classified rentals only enjoy a 30% deduction. This change represents a significant reduction compared to previous rates, where classified furnished rentals could benefit from up to 71% deduction.
Impact on Owners
This revision of taxation directly affects owners, who will see their taxable income increase. Non-classified rentals, in particular, are now less favorable tax-wise, which reduces the profitability of certain short-term rentals. Owners are thus 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 out their property for more than 120 days per year via platforms like Airbnb. This restriction aims to protect the rental market in cities where demand for permanent housing is high, such as Paris, Lyon, or Bordeaux. Exceeding this limit, platforms are now required to automatically block the listing for the remainder of the year.
Exceptions and Penalties
In certain 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 not having blocked a listing that exceeds the legal limit.
Mandatory Energy Performance
Starting in 2034, all tourist furnished rentals will be required to meet a minimum DPE (energy performance diagnosis) class D. This new obligation 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.
Remediation Works
<Owners have ten years to carry out the necessary works to achieve compliance. This may include thermal insulation, improving heating systems, or installing energy-efficient devices. If a property does not meet this requirement starting in 2034, it will be prohibited from being rented out as a tourist furnished, under penalty of sanctions. This obligation aims to lower the carbon footprint of rental properties while ensuring better thermal comfort for tenants.
