Airbnb has won over tens of thousands of owners and tenants in the space of its ten years of existence. And French law has adapted.
With the growing number of tourists around the world, and the fact that staying in hotels has become a pejorative concept, the rental of rooms, studios, apartments and guest houses has exploded. With a view to helping travelers find the best offers matching their search criteria, two young Americans had the good idea of launching Airbnb in 2008, a platform that easily brings together owners willing to rent out their accommodation and travelers looking for a place to stay. In other words, one-to-one rentals.
What does the law say about renting on Airbnb?
Under French law, it is perfectly legal to rent out your home on Airbnb. This accommodation is then rented under the « meublés de tourisme » category. This category essentially concerns furnished houses, villas, apartments, studios and rooms rented to a niche clientele, a passing clientele.
However, there are strict rules governing this type of rental, depending on the type of accommodation made available to visiting tenants.
Renting out a primary residence on Airbnb
By definition according to the 2014 ALUR law, a principal residence is any dwelling where, outside hours of professional obligations, health reasons or cases of force majeure, the owner and his or her family reside for at least eight months a year. In short, renting out a principal residence on Airbnb cannot exceed four months a year (120 days).
This type of rental does not require the owner to file a declaration with the town hall. However, a guest identification number is required in cities with a population of over 200,000 (Paris, Montpellier, Marseille, Lyon, Bordeaux, Toulouse, Nice, Lille, Nantes, Strasbourg, Rennes). No formalities are required in cities with fewer than 200,000 inhabitants. Nor are there any restrictions on the location of the property. From Lille to Marseille or Rouen to Strasbourg, if you own a principal residence, you can rent it out for up to 120 days.
Rent a second home on Airbnb
Renting out a second home is a little more complex than renting out a main residence. However, it is authorized by law, according to very precise rules.
A second home is any property where the owner and his or her family reside for no more than eight months of the year. If this sentence sounds ambiguous, it’s certainly because it is. In fact, this type of property can be rented for more than 120 days a year, but there is no legislative framework setting the maximum rental period.
However, it will be necessary to make a compulsory declaration to the town hall, in order to obtain a host identification number set up by the Airbnb decree. A change of use is also required in certain communes with populations of over or under 200,000.
Rent a studio or room on Airbnb
The third and final part of this section looks at the conditions for renting out your Airbnb property: renting out a studio or room. There are no particular constraints on renting out a room or studio in France on Airbnb, provided the property is located outside the capital Paris, or cities such as Strasbourg.
Don’t forget your seasonal tax return
While renting on Airbnb can be rewarding on every level, it’s essential not to forget to pay your taxes in order to make your social contribution to your seasonal activity. It’s important not to forget to file your seasonal tax return and pay what’s due.
Again, according to the Airbnb law, a seasonal declaration is not compulsory; a registration may be more than sufficient. In some communes, however, a declaration form may be required, which can be obtained online, completed and returned to the nearest town hall. This procedure can also be carried out online via the Service Public portal.