Learn everything about Airbnb regulations in Marseille

Since a few years, Marseille has strengthened its strict regulations regarding rentals via Airbnb. Renting out your accommodation seasonally can be an interesting source of income, but it is essential to adhere to certain local rules. This article presents the main steps to follow to comply with the regulations in force in Marseille.

Renting out your main residence

Rules for owners

As the owner of your main residence in Marseille, you can rent it on platforms like Airbnb, without needing prior authorization from the town hall, provided you follow certain rules. The law allows you to rent your property seasonally, as long as it does not exceed 120 days per year. This flexibility is an advantage, but it is important to understand the legal implications and best practices to remain compliant with the regulations.

However, before putting your residence up for rent, it is recommended to verify that the co-ownership regulations of your building do not contain clauses prohibiting short-term rentals. Some regulations may include restrictions, especially in buildings mainly used as residences, where tourist rentals can be perceived as a nuisance to other residents. If the co-ownership rules impose limitations, it is crucial to respect them to avoid <strong disputes with neighbors or the co-ownership syndic.

Additionally, although the law permits you to rent your primary residence freely, it is vital to note that you have tax obligations and administrative responsibilities, including collecting the tourist tax and declaring your income from seasonal rentals. Non-compliance with these obligations could lead to significant financial penalties.

Rules for tenants

If you are a tenant, the situation is different and requires greater legal vigilance. You must obtain your prior agreement from your landlord before listing the property on Airbnb. This agreement must be formalized in writing to protect both your interests and those of the landlord. Indeed, without this written approval, you risk facing sanctions, and the owner could terminate your lease for non-compliance with the property’s use conditions.

In addition to this authorization, the law requires that the rent you receive for subletting does not exceed the amount you pay to the owner. In other words, you cannot make a profit from subletting your primary residence. Violating this rule may result in penalties, and your landlord could also demand repayment of any excess amounts collected.

Finally, if you reside in a social housing, subletting on platforms like Airbnb is strictly prohibited. This prohibition aims to ensure that social housing, subsidized to provide affordable housing for modest households, is not used for commercial purposes.

The 120-day limit

The French legislation, and more specifically the regulations in force in Marseille, impose a strict limit of 120 days per year for renting out a primary residence. This rule is designed to prevent primary residences from becoming full-time commercial rentals, which would reduce the number of available housing for permanent residents. This limit is intended to protect the balance of the local real estate market and to preserve a stock of housing accessible to permanent residents.

It is crucial to respect this limit, as exceeding the allowed 120 days exposes you to severe sanctions. Local authorities can impose fines of up to 50,000 € in case of non-compliance. Moreover, Airbnb has not automatically suspended listings exceeding this limit in all cities, including Marseille, since January 2019. This means it is the owner’s responsibility to manage and comply with this rule to avoid legal sanctions.

In case of exceeding the 120-day limit, it is highly recommended to voluntarily suspend your listing to avoid attracting the attention of local authorities. Inspections can be carried out to ensure that owners respect this annual limitation, and sanctions are applied with rigor.

This 120-day rule helps maintain a balance between residents’ needs and tourism activity, ensuring a favorable environment for residents while allowing owners to generate a additional income.

The mandatory declaration in the town hall

Since October 1, 2020, it is mandatory for all owners wishing to rent out their main or secondary residence on Airbnb in Marseille to register with the Marseille City Hall. This administrative process allows the city to monitor compliance with the law’s 120-day limit for primary residences and to ensure that accommodations are not used for full-time commercial rentals, which could worsen the housing shortage for permanent residents.

Registration is a quick and essential step to ensure lawfulness and avoid sanctions. The procedure is entirely digital, making it accessible and convenient for all owners.

How to obtain a registration number?

To obtain a registration number, follow these steps:

1. Create an account on the dedicated property tax website of Marseille (taxedesejour.marseille.fr).
2. Click on the “Create a number” option once logged into your hosting account.
3. Fill in the required information about your property and submit your request.
4. Once your request is approved by the relevant authorities, you will receive a confirmation email with your 13-digit registration number.
5. This number must be explicitly mentioned in all your listings on Airbnb or other short-term rental platforms.

This registration number allows the town hall to control the rental durations and to ensure that owners respect the regulations in force. Without this number, your listing will be considered non-compliant, which may lead to penalties.

This process ensures that your rental complies with local regulations and allows you to rent with peace of mind.

Renting out a secondary residence

Rental duration

Renting out a secondary residence in Marseille is subject to different rules from those applicable to main residences. Indeed, if you want to rent your secondary residence, the maximum rental duration for a single tenant is limited to 8 months per year. This limit was established to prevent secondary residences from becoming permanent tourist rentals, which could worsen the shortage of available housing for local residents.

Unlike a primary residence, which is limited to 120 days of rental per year, a secondary residence can be rented for a longer period, but still with certain restrictions. Furthermore, if you plan to rent your secondary residence on Airbnb or another platform, it is mandatory to request a change of use to convert it into a commercial property.

The change of use

One of the essential steps to rent out a secondary residence in Marseille is to request a change of use with the Marseille City Hall. This change of use is required so that your property, initially intended for residential use, can be used for commercial purposes, such as short-term rentals. This transformation is necessary to comply with local regulations, which strictly regulate the use of properties intended for seasonal rental.

The change of use requires authorization from the city hall, and this authorization is valid for a period of 4 years. After this period, it is mandatory to renew the request if you wish to continue renting your secondary residence. It is also important to note that specific rules may apply depending on the location of your residence and the urban regulations in force in Marseille.

Steps to request a change of use:

1. Fill out a change of use application form, available from the Urban Planning Department.
2. Send the completed form to the town hall address: 40 rue Fauchier, 13233 Marseille Cedex 20.
3. Wait for the approval of your request by local authorities before publishing your online listing.

This application is essential to convert your secondary residence into a property that can be legally rented for commercial purposes. Following this step helps you avoid potential penalties and ensures you operate within a legal framework.

The tourist tax

What is the tourist tax?

The tourist tax is a contribution imposed on each guest staying in a short-term rental in Marseille, and it must be collected by the owners or managers of the property. Its purpose is to contribute to the tourism development of the city by supporting infrastructure and services needed to welcome visitors. It applies to anyone renting a furnished tourist accommodation, whether it is a primary or secondary residence.

This tax is set at 4% of the nightly rate per person, but it is capped at a maximum amount of €2.30 per night and per person. This means that even if the nightly rate is high, the tax will never exceed this threshold for each guest. The collected amount must then be reimbursed to the Marseille City Hall.

How is it collected?

To facilitate the collection process, platforms like Airbnb handle collecting the tourist tax directly at the time of booking. They automatically calculate the tax based on the cost of the night and then transfer it to local authorities. This greatly simplifies the task for owners, who do not need to handle this process themselves. However, if you rent your property outside of these platforms, you will need to manage the collection and payment of the tax manually via the official website dedicated to the tourist tax in Marseille.

Obligations for owners

As a owner or manager of a short-term rental, it is your responsibility to ensure that the tourist tax is properly collected from your guests. You must then declare this amount and transfer it to the Marseille City Hall within the specified deadlines. Failure to comply with this obligation can result in financial penalties, as the tourist tax is a legal requirement for all tourist accommodations.

Respecting this obligation ensures you contribute to improving the tourist services of the city while staying compliant with the local legislation.

An alternative: the mobility lease

If you want to avoid certain administrative constraints, the mobility lease can be an interesting solution. This type of lease allows you to rent your residence for a duration of 1 to 10 months, without needing to request a change of use. However, this lease is reserved for tenants in professional mobility, such as students or employees on mission.

The advantages of the mobility lease

The mobility lease offers several benefits for owners:

1. Administrative simplicity: No need to request a change of use or register with the town hall.
2. Flexibility: The lease can last from 1 to 10 months, depending on your needs and those of the tenant.
3. Favorable taxation: The income received is considered as standard rental income.

Conditions for using the mobility lease

To offer a mobility lease, certain conditions must be met:

• The tenant must be in professional mobility: training, higher education, internship, apprenticeship contract, temporary mission, etc.
• The property must be furnished, with all the necessary equipment for everyday living.
• The lease is non-renewable and cannot be extended.

How to set up a mobility lease

To set up a mobility lease, follow these steps:

1. Draft a specific lease agreement, mentioning that it is a mobility lease.
2. Verify the tenant’s status by requesting proof of their professional mobility.
3. Inventory the furniture and equipment present in the property.
4. Do not require a security deposit, as it is not authorized under the mobility lease.

Limitations of the mobility lease

Although the mobility lease is an attractive alternative, it has certain limitations:

• It cannot be renewed with the same tenant.
• It is impossible to request a security deposit, which can be a drawback.
• The lease cannot be converted into a standard lease at the end of the period.

In conclusion

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