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 activity. |
| ⚖️ Impacts on the real estate market | Short-term rentals have impacted the housing market, driving up prices and making housing more difficult for locals to access. 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. |
| 🚫 Punishments for exceeding the limit | Exceeding the limit may lead to significant fines and rental bans. Property owners must carefully monitor the number of rental days. |
| 🌆 Impact on neighborhoods and residents | Excessive rentals can alter neighborhood dynamics, with complaints about nuisances and loss of community life. The rule aims to preserve residents’ quality of life. |
| 🏖️ Renting a second home without limit | Secondary residences are not subject to the 120-day limit, providing a flexibility to maximize rental income without the restrictions imposed on primary residences. However, administrative obligations must be followed according to local regulations. |
| 📝 Required administrative formalities | To rent out a secondary residence, a prior declaration at the town hall may be necessary, especially in tourist areas where stricter rules may apply. |
| 🔄 Change of use and compensation | In certain major cities, a change of use is required to transform a residential property into a tourist furnished rental, sometimes with a compensation rule. This process aims to limit excessive conversion of homes into tourist rentals. |
| 💰 Financial advantages for owners | Renting a secondary residence without a limit 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 the housing supply and limit tourism’s negative impacts on locals. These restrictions may include caps on stay durations, compensation rules, or mandatory 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 limit of 120 days?
The 120-day per year limit was implemented to balance the housing market. In large 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 housing remains accessible for permanent residents.
Impacts on the housing market
The impact of short-term rentals on the real estate market has been significant, especially in major cities. By reducing the availability of long-term housing, tourist rentals have contributed to rising property prices and made housing more difficult for local residents. The 120-day rule aims to counteract this trend by regulating the supply of tourist accommodations to preserve a balance between residents’ needs and tourism opportunities.
Automatic blocking by platforms
To ensure compliance with the 120-day rule, platforms like Airbnb have put in place an automatic blocking system for listings. Once the limit is reached, owners cannot receive additional bookings on that platform. This system guarantees owners adhere to current regulations without the intervention of local authorities.
Punishments for exceeding the limit
Non-compliance with the 120-day limit exposes owners to sanctions. Municipalities can impose fines amounting to thousands of euros, and rental of the property can be banned. Owners must therefore ensure they stay within this limit to avoid financial penalties and legal issues with local authorities.
Impact on neighborhoods and residents
In highly touristic cities, the multiplication of short-term rentals can change neighborhood dynamics. Complaints related to noise nuisances, constant passing of travelers, and loss of community life are common. The 120-day limit aims to protect residents’ quality of life by reducing the impact of tourist rentals on residents’ daily life.
Renting a secondary residence without limit
Unlike primary residences, second homes are not subject to the 120-day restriction. This allows owners to rent their property as many days as they wish throughout the year, providing maximum flexibility to generate rental income. However, this freedom comes with several administrative obligations.
Required administrative formalities
To rent out a secondary residence short-term, owners must follow local regulations. In some cities, owners are required to file a prior declaration with the town hall before listing their property on platforms like Airbnb. This process enables the municipality to monitor and control tourist rentals in their jurisdiction.
In major cities or in tight tourist zones, stricter rules may apply, such as requiring a change of use permission to convert a residential unit into a tourist furnished rental. This process can be lengthy and costly, especially where a compensation rule is enforced.
Change of use and compensation
In cities with over 200,000 inhabitants or in tense zones, a change of use is often necessary to rent out a secondary residence short-term. This change may involve a compensation rule, where owners must convert another property (usually a commercial space) into a residential unit to offset the loss of a rental property.
This measure aims to limit excessive conversions of housing into tourist rentals and to protect the housing supply for residents. Failure to comply with these rules can result in significant penalties 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 list their property year-round on platforms like Airbnb, Abritel, or Booking, which can be particularly advantageous in areas with high tourist demand. Owners can also enjoy personal stays in their property while earning rental income during times they are not using it.
Restrictions in certain cities
Although renting out secondary residences is unrestricted in terms of days, some cities, such as Paris, Bordeaux, or Annecy, impose additional restrictions to limit the impact of tourism on housing availability. These may include stay duration caps, compensation rules, or mandatory registration requirements.
Exceptions to the 120-day rule
Although the 120-day limit is strict for most owners, some exceptions allow exceeding this limit under specific conditions. These exceptions are implemented to account for special situations preventing owners from residing in their primary residence.
Obligations related to professional commitments
One of the main exceptions concerns professional obligations. If an owner must leave their home for an extended period due to work, such as a secondment abroad or a long-term assignment, they may exceed the 120 days rental limit on Airbnb or other platforms. However, supporting evidence, such as employment contracts or employer documents confirming the duration and necessity of the absence, must be provided.
Health reasons
Another important exception relates to health reasons. If an owner is forced to leave their primary residence for an extended period because of hospitalization or long-term medical treatment, they can also apply for an exemption to exceed the 120 days of rental. Again, medical certificates or supporting documentation must be provided to prove that the absence is related to a medical condition.
Force majeure cases
Force majeure cases are the third notable exception. This concept covers unforeseeable and unavoidable events, such as a natural disaster, travel restrictions due to a pandemic (as seen with Covid-19), or any other situation beyond the owner’s control. In these cases, if the owner cannot physically reside in their primary residence, they may rent their property beyond the 120-day limit. Nevertheless, these situations must be demonstrated and justified before 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 notify their municipality and provide necessary documents proving their situation. Consulting a specialized lawyer in real estate or tourist rentals is recommended to ensure all administrative procedures are followed. In case of disputes with the municipality, courts can also 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, as this rule does not apply to partial rentals. This means you can rent one or more rooms in your main dwelling throughout the year, without being restricted by the maximum duration imposed on fully rented primary residences. This solution offers interesting flexibility for owners who wish to generate additional income while remaining compliant with legislation.
Advantages of partial renting
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 in their house or apartment. Moreover, unlike renting out the entire property, there is no restriction on the number of days you can rent a room.
Conditions to follow
Although partial rent of your primary residence exempts you from the 120-day limit, certain administrative obligations must still be observed. For example, in some cities, it is necessary to declare the room rental to the town hall and obtain an registration number, similar to standard short-term rentals. You must also respect co-ownership rules if your property is part of a building.
Welcoming travelers
By renting a room in your main residence, you are generally present during travelers’ stays. This allows you to more easily control activities in your home and maintain good relationships with your neighbors. This proximity can also be an asset for travelers, who often appreciate local advice and assistance from an on-site host.
Tax implications
Renting a room in your primary residence is also tax-efficient. As long as the income generated does not exceed a certain threshold (760 € per year in France), it can be tax-exempt. This option thus allows for additional income while benefiting from favorable tax treatment.
Risks of sanctions if exceeding limits
Failure to comply with the 120-day limit for renting out your primary residence can lead to significant financial sanctions. Authorities are increasingly strict regarding adherence to this regulation, especially in high-tourist-demand zones where the real estate market is already under pressure. Owners who exceed this limit risk fines and other legal consequences.
Fines for non-compliance
If an owner rents their primary residence beyond the permitted 120 days, they risk receiving a fine reaching thousands of euros. In cities like Paris, fines can go up to 50,000 euros for each infringement. These sanctions aim to discourage owners from converting their primary homes into full-time tourist rentals, which worsens the shortage of housing for permanent residents.
Suspension of listing
In addition to financial penalties, rental platforms such as Airbnb and Abritel have implemented automatic systems that block listings once the 120-day limit is reached. This prevents owners from continuing to rent their property on these platforms, resulting in loss of potential income. This automatic blocking helps platforms ensure compliance with local regulations.
Municipal oversight
Municipalities, particularly in large cities and tourist zones, are increasingly vigilant about short-term rentals. Some have even created dedicated teams to monitor rental platforms and verify owner compliance with the 120-day limit. During inspections, owners exceeding this limit risk legal action and fines.
How to avoid sanctions
To avoid penalties and stay compliant, it is essential to verify local regulations before offering your property for rent. Each city may have different requirements, and it is important to consult your town hall about procedures such as obtaining a registration number or declaring the rental.
