The regulations governing rentals Airbnb have significantly evolved in recent years to better regulate the short-term rental market. These reforms primarily aim to protect access to housing for local residents, especially in areas where demand for housing far exceeds supply. Here is a guide to understanding the main rules that owners must comply with to adhere to current legislation.
Mandatory Registration of Rentals
Registering properties listed on platforms such as Airbnb is now compulsory for all owners. This measure has been implemented to ensure greater transparency and allow for more rigorous monitoring of rentals. Indeed, this procedure enables local authorities to verify that each rental complies with local regulations, whether regarding the rental duration or energy performance criteria.
Why is this Registration Necessary?
Registration allows authorities to monitor 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 seasonal rentals on the supply of permanent housing. It also helps prevent too many properties from being withdrawn from the traditional rental market to be converted into tourist furnished accommodations. This rigorous oversight helps maintain a balance between tourism and housing access for permanent residents.
Risks of Non-Registration
Failing to comply with the registration requirement exposes owners to hefty fines. If a property is rented out without proper registration, local authorities can impose fines of up to 10,000 euros on the owner in violation. Additionally, platforms like Airbnb that do not remove non-compliant listings may also face significant penalties, which can reach up to 50,000 euros. This shared responsibility between owners and platforms encourages better compliance with legislation.
Increased Penalties for Non-Compliance
With the tightening of regulations on short-term rentals, penalties for owners not respecting current rules have been considerably increased. These measures aim to dissuade owners from violating the law and to ensure better control of tourist rentals in areas where housing availability for local residents is often limited.
Fines Up to 100,000 Euros
New legal provisions provide for much harsher fines for violating the rules. In cases of non-compliance with legal obligations, such as not changing the use of 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 deter illegal practices and to compel owners to adhere to current legislation.
Registration Number Suspension
In addition to fines, local authorities now have the authority to suspend or revoke the registration number of a non-compliant property. The registration number is essential for renting a property on platforms like Airbnb. Its suspension results in an immediate ban on renting the property involved, forcing the owner to regularize their situation before being able to resume renting. This penalty is an effective and direct measure to regulate the market and ensure that only compliant properties are offered for rent.
Change of Use for Secondary Residences
If you rent out a secondary residence as a tourist furnished rental, obtaining a change of use for your property is often necessary. This change is mandatory in many cities to ensure that secondary residences are not massively converted into tourist furnished accommodations, thus reducing the supply of permanent housing for local residents. This process aims to control the use of properties in areas where the pressure on the rental market is already very high.
Procedures and Penalties
To carry out the change of use, owners must submit a file to the local 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 comply with this obligation can result in significant financial penalties, which can reach up to 100,000 euros. Furthermore, their registration number may be suspended, preventing any new rental until the situation is regularized.
Taxation and Revised Allowances
The micro-BIC regime, applicable to income from seasonal rentals, has also been amended. Now, furnished rentals classified as such benefit from a 50% tax deduction, while non-classified rentals only benefit from a 30% deduction. This change represents a significant reduction compared to previous rates, where classified furnished rentals could receive up to 71% deduction.
Impact on Owners
This revision in taxation directly affects owners, who will see their taxable income increase. Non-classified rentals, in particular, are now less advantaged fiscally, which diminishes the profitability of some seasonal 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.
Limitation on Number of Nights
Owners of primary residences can no longer rent their property for more than 120 days per year via platforms like Airbnb. This limit aims to protect the rental market in cities where the demand for permanent housing is high, such as Paris, Lyon, or Bordeaux. Exceeding this limit, platforms are now required to automatically block access to the listing for the rest 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, infractions can lead to fines of up to 10,000 euros. Platforms like Airbnb must also comply with this rule, under threat of sanctions for failing to block a listing that exceeds the legal limit.
Mandatory Energy Performance
Starting in 2034, all tourist furnished rentals will be required to meet a minimum energy performance diagnosis (DPE) of class D. This new obligation is part of reforms aimed at making housing more environmentally friendly. By imposing stricter energy standards, authorities seek to improve energy efficiency and reduce environmental impact of residences.
Compliance Work
Owners have ten years to carry out the necessary work to meet this requirement. This may include thermal insulation improvements, upgrading heating systems, or installing energy-saving devices. If a property fails to meet this requirement starting in 2034, it will be forbidden to rent it as a tourist furnished rental, under penalty of sanctions. This obligation aims to reduce the carbon footprint of properties in rental and to ensure better thermal comfort for tenants.
