Henceforth, municipalities counting more than 200 000 inhabitants can require the owners of tourist furnished rentals to declare their activity to the town hall, even if it’s their main residence. A way for the municipalities to control the short-term furnished rental market but, in practice, will it be effective?
Declaring the tourist furnished rentals to the City Hall : a principle of exemption for renting out a main residence
Since a law introduced on July, 22nd of 2009, anyone who offer to rent out their furnished rental whether it is classified or not in the Code for Tourism, firstly have to declare it to the town hall of their municipality where their furnished rental is located. Please note that what is considered as “tourist furnished rental” is any furnished property for the exclusive use of the tenant, rented out to a pass through clientele renting a place on a daily, weekly or monthly basis.
The Code for Tourism exempts those renting out their main residence to declare it, that is to say, owners or tenants – who obtained the authorization to sublease it – who live in the property for at least 8 months throughout the year. Likewise, when the furnished rental is the lessor’s main residence, no authorization for change of use is necessary to rent it out as a tourist furnished rental.
Possible declaration of ALL furnished rentals in 200 000 inhabitants municipalities
The law for a digital Republic of October, 7th 2016 completed the article L 324-1-1 in the Code for Tourism. From now on, all the municipalities where the main residences change of use is submitted to a preliminary authorization, that is to say in the municipalities of more than 200 000 inhabitants and in Ile-de-France (92, 93 and 94), a deliberation of the municipal council can decide to submit a preliminary declaration on record to the municipality, any tourist short-term furnished rental.
The decree intending to decide on the information that could be required for the records was published on April, 30th (Decree n° 2017-678 of April, 28th 2017 related to the planned in the II of the article L. 324-1-1 of the Code for Tourism and modifying the articles D. 324-1 and D. 324-1-1).
Nothing really surprising regarding the required information, which are :
- the declarant’s identity, postal address and e-mail
- the furnished rental address and if the latter is located in an apartment block then the building, stairs, floor and the number of the apartment
- precising if the furnished rental is or isn’t the main residence
- the number of rooms, beds and if the property was assigned a ranking, the date of the decision and the level of the ranking
In principle an online declaration service should be put in place by the municipality. The declaration will give place to the immediate municipality inssuance of a déclaration number represented by thirteen numerals including the zip code of the municipality.
This declaration number will necessarily be displayed on every renting ads: which turns it, in practice, into a controling tool for the municipalities. However, will the local authorities have enough means to proceed to thousands of inspections…
Find information about the requirements of intermediaries in the case of short-term furnished rentals.