In summary
| 📜 Section | 📅 Content |
|---|---|
| 🏠 Rules for Renting a Primary Residence | Definition, limited use to 120 days/year, obligations for property 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 | Necessity to register the accommodation with the city hall for oversight and transparency, obtaining an registration number to display. |
| 🏢 Rules for Renting a Secondary Residence | Mandatory change of use, necessary compensation in the city center, maintaining the balance between tourist housing and traditional housing. |
| ⚖️ Sanctions in Case of Non-Compliance | Fines up to 50,000 euros, regular inspections, possibility of legal action for serious violations. |
In recent years, the City of Lyon has implemented strict regulations to oversee 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.
The Rules for Renting a Primary Residence
Definition of the primary residence
A primary residence, within the meaning of the Airbnb regulation in Lyon, is defined as the dwelling that you occupy for at least eight months per year. This means it must be your main home, where you live for most of the year, with exceptions for absences related to professional constraints, health reasons, or other justified circumstances. This rule is essential to prevent abuses and ensure that housing is primarily dedicated to residents of Lyon rather than tourism.
The restriction of renting a primary 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 rental, which could worsen the shortage of housing available to local residents. Airbnb, in collaboration with the city of Lyon, enforces this limit of days per year and automatically blocks listings once the threshold is reached.
For property owners
Owners of primary residences in Lyon can rent their property via Airbnb without requiring special authorization, unless the property is part of a condominium. In this case, condominium regulations must be observed, and it is important to verify if subletting is permitted. Condominium rules may include restrictions related to noise, use of common areas, or the rights of other owners, which must be considered before making a property available for rent.
Another aspect to consider is that even if the city of Lyon does not require formal authorization, owners must ensure that their property complies with safety and hygiene standards. It is also recommended to subscribe to insurance covering potential damages caused by tenants, as they could hold the owner responsible.
For tenants
Tenants wishing to sublet their residence via Airbnb must obtain their owner’s permission. This rule protects the owner’s rights and prevents the property from being used in violation of the initial lease agreement. The owner must be informed of the subletting and give written approval; otherwise, the tenant risks lease termination.
Furthermore, the rent for the sublet must always be lower than that paid by the main tenant. This condition aims to prevent real estate speculation, where tenants might profit from tourist rentals by subletting at higher prices than their rent. Italso ensures control over rent levels remains consistent with the initial lease agreement.
Legal responsibility of the tenant
The main tenant remains responsible for damages to the dwelling or building caused by temporary tenants. They must ensure that subletting conditions comply with regulations, especially regarding safety, and that neighbors do not suffer nuisances. The tenant should also verify that subletting is covered by insurance, since in case of issues, they will be held responsible to their owner and potentially the law.
The 120-Day Limit for Renting
Regulations in Lyon strictly impose a limit of 120 days per year for renting a primary residence via platforms like Airbnb. This measure aims to protect the real estate market and ensure that dwellings are not primarily used for tourism but remain available to permanent residents.
Since January 1, 2019, Airbnb has introduced an automatic system that blocks listings exceeding this 120-day limit. This system allows the platform to monitor and enforce the rules imposed by the city, ensuring that owners do not circumvent this restriction by offering their dwellings for extended periods. This regulation is essential, as it limits the negative effects of short-term rentals on the local market.
Why such a limit?
This 120-day limit aims to prevent owners from turning their primary residences into full-time tourist accommodations, which would reduce the supply of housing available to residents. In highly demanded areas like Lyon, many owners might be tempted to favor short-term rentals for higher profitability, at the expense of long-term leases, worsening the housing shortage.
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 dwellings are not used solely for commercial purposes and maintains a balance between tourism and residents’ needs.
How is this limit enforced?
Airbnb has implemented an automatic system that tracks the number of days during which a dwelling is rented on its platform. Once the 120-day threshold is reached, the listing is blocked, and the owner cannot offer their property until the end of the calendar year. This control mechanism enhances transparency and ensures local rules are respected.
This system also applies to other major French cities with similar pressure on the real estate market, such as Paris or Nice. Its goal is to preserve the supply of traditional housing and prevent the most attractive districts of Lyon from being permanently turned into tourist zones.
Exceptions and flexibility
It is important to note that this 120-day limit only applies to primary residences. Owners of secondary residences or properties rented over 120 days per year must request a change of use authorization from the city hall and comply with compensation obligations imposed by the city, especially in Lyon’s city center.
In certain exceptional situations, such as professional constraints requiring long absences, specific requests can be submitted to the city hall to obtain exemptions from the 120-day limit, although these cases are rare and require solid justification.
Zoning affected by compensation
| Zone | Minimum surface area for compensation | Mandatory compensation? |
|---|---|---|
| Lyon City Center (Presqu’île, Croix-Rousse, Vieux-Lyon) | From 1 m² | Yes |
| Outside Lyon City Center | 35 m² or more | Yes |
| Outside Lyon City Center | Less than 35 m² | No |
Mandatory Registration at the City Hall
To comply with regulations in Lyon, it is mandatory to register your dwelling with the city hall before renting it via Airbnb. This process allows the city to oversee short-term rentals and ensure all rules are followed. Once your property is registered, you will be assigned a number, which must be clearly visible on your Airbnb listing.
How does registration work?
Registering your dwelling can be done online through a tele-declaration service set up by Lyon’s city hall. This procedure is quick and straightforward, allowing you to obtain a unique registration number for your property. This number is crucial, as it enables the city to monitor precisely the number of days your property is rented on platforms like Airbnb.
The registration number must then be prominently 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 sanctions.
Why is this important?
The main goal of registration is to ensure better transparency in the short-term rental market in Lyon. This measure enables the city to verify that owners respect the 120-day limit for primary residences. It also allows monitoring the evolution of the number of properties allocated to tourist rentals and better controlling the impact of such practices on the traditional rental market.
Moreover, this process helps prevent fraud and identify owners who might bypass regulations, such as by renting out a property for more than 120 days without declaring a change of use. Registration is thus an essential tool to maintain a balance between tourism and residents’ access to housing.
Administrative steps to follow
| Step | Where to do it? | Necessary documents | Validity period |
|---|---|---|---|
| Registering the dwelling (primary residence) | Lyon City Hall (online) | Property information, proof of identity | Permanent, unless changed |
| Change of use (secondary residence) | Lyon City Hall, urban planning | Proof of ownership, dwelling plan | Requires authorization for each property |
| Change of destination (commercial premises) | Lyon City Hall, urban planning | Property plan, intended use (hotel) | Permanent after approval |
Sanctions for non-registration
Failure to register a property rented out on short-term platforms like Airbnb can lead to significant fines. Non-compliance risks fines of several thousand euros. These sanctions are intended to prevent properties from escaping control by authorities and contributing to the shortage of housing accessible to permanent residents.
Growing enforcement system
Since the implementation of this system, Lyon has increased its efforts to monitor and supervise short-term rental listings. In addition to regular checks, the city encourages residents to report properties that do not comply with regulations, thus strengthening the fight against illegal rentals. This system helps better regulate the housing supply in Lyon by ensuring that primary residences are not diverted from their main purpose for tourism.
| Infraction | Fine amount | Consequence |
|---|---|---|
| Failure to respect the 120-day limit | Up to 5,000 euros | Immediate fine |
| Failure to register with the city hall | Up to 5,000 euros | Fine + listing suspension on platforms |
| Failure to comply with compensation rule | Up to 50,000 euros | Fine + prohibition to rent via Airbnb |
| Repeated violations | More than 50,000 euros | Legal proceedings |
Rules for Renting a Secondary Residence
Mandatory change of use
When you wish to rent a secondary residence via Airbnb in Lyon, the law requires you to obtain a change of use authorization. This process is mandatory for all properties used for tourism purposes when rented for more than 120 days per year. The goal is to protect the traditional housing supply in Lyon by preventing too many properties from exiting the regular 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 secondary residence into a tourist furnished property, you must provide another dwelling on the regular rental market. Compensation involves offering an equivalent property that serves as a permanent housing for Lyon residents. This measure aims to avoid the scarcity of long-term housing, especially in popular neighborhoods.
Strict application in the city center
Regulations are particularly strict in Lyon’s city center, including districts such as the Presqu’île, Croix-Rousse, and Vieux-Lyon. These areas are highly attractive to tourists but also vital for local life, with high demand for traditional housing. In these sectors, compensation becomes mandatory from the first square meter rented short-term, even for small units.
To rent a property in these zones, you must not only obtain a change of use authorization but also propose a compensating housing in 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 resident needs and tourist attraction, preventing tourist accommodations from overshadowing traditional rental options.
Impact of compensation on the rental market
The compensation principle is designed to reduce the negative impact of short-term rentals on the long-term rental market. By requiring owners to rent an equivalent property on the conventional market, Lyon aims to ensure that the number of properties available to residents does not diminish excessively. In highly demanded sectors like the city center, where rent prices are already high, this measure plays a key role in preventing a long-term shortage of affordable housing.
Violations and penalties
Failure to comply with change of use and compensation rules can result in severe penalties, including hefty fines up to several thousand euros. These sanctions are intended to discourage owners from circumventing regulations, maintaining the balance between tourist rentals and housing needs of Lyon residents. Regular inspections by the city are conducted to ensure compliance, and violators face legal action.
Obligations summary by housing type
| Housing type | Authorization required | Rental limit | Additional obligations |
|---|---|---|---|
| Primary residence | No (except in condominium) | 120 days per year | Registration at the city hall, display of registration number |
| Secondary residence | Change of use required | More than 120 days per year | Mandatory compensation in certain zones |
| Commercial premises | Change of destination (hotel) | None | No fixed duration, but must respect specific procedures |
Sanctions for Non-Compliance
Failure to adhere to rules governing Airbnb rentals in Lyon can lead to very heavy sanctions. Owners who do not comply with regulations risk facing fines of up to 50,000 euros. This measure aims to deter abuses and ensure that properties intended for residents are not diverted from their primary use for tourism.
Regular inspections
Lyon conducts inspections to verify compliance with legal obligations. These inspections cover both primary and secondary residences. Municipal officials cooperate closely with platforms like Airbnb to monitor listings and verify that owners respect the 120-day limit for primary residences, as well as the change of use rules for secondary homes.
In case of offense, municipal agents can issue formal notices requiring owners to rectify their situation under penalty of further sanctions. Since these measures were implemented, many owners have already been fined up to several tens of thousands of euros.
Financial penalties
Penalties can be particularly severe for owners renting out a property without the necessary authorization or failing to comply with compensation obligations in designated zones, especially in Lyon’s city center. In addition to fines up to 50,000 euros, other sanctions may include suspension of the rental permission via Airbnb and monitoring of the owner’s activity.
Legal actions
In the most serious cases, particularly for repeated or deliberate violations, judicial proceedings may be initiated against offending owners. These can include financial sanctions as well as restrictions on tourist rental activities. Lyon treats such infractions very seriously, and violators face judicial consequences if attempting to bypass regulations.
Conclusion: A Necessary Framework for a Balanced Market
Lyon’s Airbnb regulations aim to limit abuses in short-term rentals and protect residents. By respecting these rules, you will help maintain a balanced real estate market while enjoying the benefits of tourist rentals.
