In Summary
| 📜 Section | 📅 Content |
|---|---|
| 🏠 Rules for Renting a Principal Residence | Definition, limited to 120 days/year, obligations for 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, obtaining an ID number to display. |
| 🏢 Rules for Renting a Second Home | Mandatory change of use, necessary compensation in the city center, maintaining balance between tourist and traditional housing. |
| ⚖️ Sanctions 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 regulations to govern rentals via Airbnb. In response to the housing crisis, enhanced measures have been adopted to regulate short-term rentals. Here is everything you need to know about the Airbnb regulations in Lyon.
Sommaire
ToggleRules for Renting a Principal Residence
Definition of the main residence
A principal residence, as defined by the Airbnb regulations in Lyon, is the accommodation you occupy for at least eight months per year. This means it must be your primary home, where you live for most of the year, except during absences due to professional constraints, health reasons, or other justified circumstances. This rule is essential to prevent abuses and ensure that properties are primarily used by Lyon residents rather than for tourism.
The limitation of rented a principal residence to 120 days per year aims to protect the real estate market. It prevents practices where owners might use their primary residence mainly for tourist rentals, which could exacerbate the shortage of housing available for local residents. Airbnb, in collaboration with Lyon city authorities, enforces this day limit and automatically blocks listings once the threshold is reached.
For property owners
Owners of principal residences in Lyon can rent out their property via Airbnb without requiring specific authorization, unless the property is part of a condominium. In that case, condominium rules must be respected, and it is important to verify whether subletting is permitted. Condominium regulations may include restrictions related to noise, use of common areas, or other co-owner rights, which must be considered before listing a property.
Another aspect to consider is that even if the city of Lyon does not require formal authorization, owners must still ensure their property complies with safety and hygiene standards. It is also recommended to take out insurance covering potential damages caused by tenants, as they could be held responsible.
For tenants
Tenants wishing to sublet their residence via Airbnb must obligatorily obtain their owner’s consent. This rule protects the rights of the owner and prevents the property from being used against the initial lease agreement. The owner must be informed of the sublet and give written approval; otherwise, the tenant risks lease termination.
Furthermore, the rent for the sublet must always be less than the rent paid by the main tenant. This condition aims to prevent real estate speculation, where tenants might profit from tourist renting by subletting at higher prices than their rent. It also ensures that control over rent remains consistent with the original lease.
Legal responsibilities of the tenant
The main tenant remains responsible for damages caused to the property or the building by temporary tenants. They must ensure that subletting conditions adhere to current rules, especially regarding safety, and that neighbors do not suffer nuisances. The tenant should also verify that the sublet is covered by insurance, as they would be held liable in case of issues before their owner and potentially law.
The 120-Day Limit for Rental
Current regulations in Lyon impose a strict limit of 120 days per year for renting a principal residence via platforms like Airbnb. This measure was introduced to protect the real estate market and ensure properties are not mainly used for tourism, but remain accessible to permanent residents.
Since January 1, 2019, Airbnb has implemented an automatic system that blocks listings exceeding this 120 days threshold. This system allows the platform to monitor and enforce the rules set by the city, to prevent owners from circumventing this restriction by offering their properties for extended periods. This regulation is crucial, as it helps limit the negative effects of short-term rentals on the local market.
Why such a limit?
This 120-day limit aims to prevent owners from transforming their primary residences into full-time tourist accommodations, which would reduce the supply of housing available for city residents. In highly demanded areas like Lyon, many owners might prefer short-term rental, which is more profitable, at the expense of long-term rental contracts, exacerbating the housing crisis.
Restricting the number of days to 120 per year ensures that the primary residence remains the home of the owner or tenant for most of the year. It guarantees that properties are not used solely for commercial purposes and maintains a balance between tourism and residents’ needs.
How is this limit enforced?
Airbnb has set up an automatic system that tracks how many days a property is rented on its platform. As soon as the 120 days limit is reached, the listing is blocked, and the owner cannot propose their property again until the end of the calendar year. This control mechanism enhances transparency and ensures compliance with local rules.
This approach also applies to other major French cities where similar pressure on the real estate market exists, such as Paris or Nice. The goal is to preserve traditional housing stock and prevent the most attractive areas of Lyon from becoming permanent tourist districts.
Exceptions and flexibility
It is important to note that this 120 days limit applies only to principal 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 respect the compensation obligations imposed by the city, especially in Lyon’s city center.
In some exceptional cases, such as professional constraints requiring long absences, specific requests can be made to the town hall to obtain exemptions from the 120 days limit, although these cases are rare and require solid justification.
Zones affected by compensation
| Zone | Minimum area for compensation | Mandatory compensation? |
|---|---|---|
| City center of Lyon (Presqu’île, Croix-Rousse, Vieux-Lyon) | From 1 m² | Yes |
| Outside Lyon city center | 35 m² and more | Yes |
| Outside Lyon city center | Less than 35 m² | No |
Mandatory Registration at Town Hall
To comply with current regulations in Lyon, it is mandatory to register your property with the town hall before renting it via Airbnb. This process allows the city to monitor short-term rentals and ensure all rules are followed. Once your property is registered, you will be assigned a registration number, which must be clearly displayed on your Airbnb listing.
How is registration done?
Registration of your property can be completed online through a tele-declaration service provided by Lyon’s town hall. This process is quick and easy, allowing you to obtain a unique registration number for your property. This number is crucial, as it enables the city to track precisely the number of days your property is rented on platforms like Airbnb.
The registration number must then be clearly displayed 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 can result in administrative penalties.
Why is this important?
The primary goal of registration is to ensure better transparency in the short-term rental market in Lyon. Through this measure, the city can verify that owners respect the 120-day limit for principal residences. It also helps monitor the number of properties dedicated to tourist rentals and better control their impact on the traditional rental market.
Furthermore, this process helps prevent fraud and identify owners who might bypass regulations, for example by renting a property for over 120 days without declaring a change of use. Registration is thus an essential tool to maintain the balance between tourism and housing access for Lyon residents.
Administrative procedures to carry out
| Procedure | Where to do it? | Required documents | Validity period |
|---|---|---|---|
| Registering the property (principal residence) | Lyon Town Hall (online) | Property information, ID proof | Permanent, unless changed |
| Change of use (secondary residence) | Lyon Town Hall, urban planning | Proof of ownership, property plan | Requires authorization for each property |
| Change of destination (commercial space) | Lyon Town Hall, urban planning | Property plan, intended use (hotel) | Permanent after authorization |
Penalties for non-registration
Failure to register a property rented on platforms like Airbnb can result in significant fines. In case of non-compliance, owners risk sanctions up to several thousand euros. These penalties are intended to prevent unregulated properties from evading control and contributing to the housing shortage for permanent residents.
An expanding system
Since the introduction of this system, Lyon has increased efforts to monitor and oversee seasonal rental listings. In addition to regular inspections, the city encourages residents to report properties that do not comply with regulations, strengthening the fight against illegal rentals. This system aims to better regulate housing supply in Lyon, ensuring principal residences are not diverted from their primary purpose for tourism.
| Infraction | Fine amount | Consequence |
|---|---|---|
| Non-compliance with the 120-day limit | Up to 5,000 euros | Immediate fine |
| No registration with the town hall | Up to 5,000 euros | Fine + suspension of listing on platforms |
| Failure to comply with compensation rule | 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, the law requires requesting a change of use approval. This step is mandatory for all properties used for tourism if they are rented for more than 120 days per year. The aim is to protect Lyon’s housing supply by preventing too many properties from being removed from the traditional rental market in favor of tourist rentals.
In addition to this authorization request, the city imposes a compensation rule. This means that if you convert a second home into a tourist furnished rental, you must offer another property on the traditional rental market. The compensation involves providing an equivalent housing to serve as a permanent residence for Lyon residents. This measure aims to prevent the scarcity of long-term housing, especially in popular neighborhoods.
Strict application in the city center
The regulation is particularly strict in Lyon’s city center, including neighborhoods like Presqu’île, Croix-Rousse, and Vieux-Lyon. These areas are highly attractive to tourists but are also vital for local life, with high demand for traditional housing. In these sectors, compensation becomes mandatory from the first square meter rented long-term, even for small units.
To rent a property in these areas, you must not only obtain the 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 in the same neighborhood. This rule helps maintain a balance between residents’ needs and tourism, preventing tourist rentals from overshadowing traditional rental options.
Impact of compensation on the rental market
The compensation principle aims to reduce the adverse impact of short-term rentals on the long-term rental market. By requiring owners to provide an equivalent property for regular rental, Lyon seeks to ensure that the availability of housing for residents does not decrease too drastically. In high-demand areas like the city center, where rental prices are already high, this measure plays a key role in preventing a shortage of affordable housing in the long run.
Penalties for non-compliance
Failure to comply with change of use and compensation rules can lead to severe sanctions, including hefty fines up to thousands of euros. These penalties aim to discourage owners from circumventing regulations to preserve the balance between tourist rentals and the housing needs of Lyon’s residents. Regular inspections are conducted by city authorities to ensure all obligations are met, and offenders face legal actions.
Summary of obligations based on housing type
| Housing type | Necessary authorization | Rental limit | Additional obligations |
|---|---|---|---|
| Main residence | No (except condominiums) | 120 days per year | Registration at the town hall, display of registration number |
| Second residence | Change of use mandatory | More than 120 days per year | Mandatory compensation in certain areas |
| Commercial premises | Change of destination (hotel use) | None | No duration limit but requires specific procedures |
Penalties for Non-Compliance
Failure to comply with the rules governing Airbnb rentals in Lyon can lead to very heavy fines. Owners who do not comply risk fines up to 50,000 euros. This measure aims to discourage abuses and ensure residents’ properties are not diverted from their primary use for tourism rentals.
Regular inspections
Lyon conducts inspections regularly to verify compliance with legal obligations. These checks concern both main residences and second homes. Municipal authorities closely collaborate with platforms such as Airbnb to monitor listings and verify that owners respect the 120-day limit for main residences, as well as change of use rules for secondary homes.
In case of violation, municipal officers may issue formal notices for owners to regularize their situation, with the risk of further sanctions. Since these measures took effect, several owners have already been fined up to tens of thousands of euros.
Fines
Fines can be particularly severe for owners who rent a property without obtaining the necessary authorization or who do not respect compensation obligations in affected zones, especially Lyon’s city center. Besides fines of up to 50,000 euros, other sanctions may include suspension of the ability to rent via Airbnb and increased monitoring.
Legal proceedings
In the most serious cases, where violations are repeated or deliberate, legal action can be taken against offending owners. These may include financial sanctions, restrictions on renting properties for tourist purposes, and other penalties. Lyon treats these violations very seriously, and fraudsters risk judicial consequences if they attempt to bypass regulations.
Conclusion: A Necessary Framework for a Balanced Market
Lyon’s Airbnb regulations aim to limit abuses related to short-term rentals and to protect residents. By following these rules, you contribute to maintaining a balanced housing market while enjoying the benefits of tourist rentals.