Parliament gives final green light to regulation of Airbnb-type rentals

This text of parliamentary origin, in the works since April 2023, was the subject of a compromise between the National Assembly and the Senate at the end of October. A version of the text common to both chambers was therefore largely approved by the deputies on Thursday - only the far right opposed it. It had already been approved unanimously by the senators on Tuesday.

"In the midst of a housing crisis and faced with the explosive increase in the number of furnished tourist accommodation, which rose from 300.000 to 1,2 million in eight years, this text was necessary not to prohibit, but to regulate," explained PS MP Inaki Echaniz, one of the co-authors of the law, with Macronist elected representative Annaïg Le Meur.

"Restoring the primary function of housing is our only leitmotif," she added.

To control the phenomenon, the law notably reforms the taxation applicable to these rentals, which until now has been more favorable than that weighing on conventional housing.

For unclassified furnished tourist accommodation - which has not applied for a label, from one to five stars - the tax reduction will drop from 50% to 30%, thus aligning with unfurnished rental, with a ceiling of 15.000 euros. As for classified furnished accommodation and guest rooms, they will benefit from a reduction reduced from 71% to 50%, and a ceiling lowered to 77.700 euros.

Energy performance rules will also be standardised, to avoid a "flight" of poorly insulated housing towards short-term rentals.

Only the elected representatives of the RN and their allies from Ciott have raised a dissenting voice: the law will "favor the giants of the hotel sector" while imposing "crazy and punitive taxation" against the owners, asserted Alexis Jolly (RN).

"Toolbox" for mayors

The text gives all municipalities a "toolbox" to regulate the phenomenon. Until now, only those with more than 200.000 inhabitants, located in "tense zones", could act.

If they deem it necessary, mayors will be able to cap at 90 (instead of 120 currently) the number of days in the year that an individual can rent out their main residence on a platform.

All municipalities will also be able to set up quotas for furnished tourist accommodation. And those located in "tense zones", or with more than 20% of second homes, will be able to designate, in their local urban planning scheme (PLU), zones reserved for the construction of main residences.

In Paris, the next PLU, which will be voted on in mid-November, must include a ban on new furnished tourist rentals in Montmartre, in the Marais and around the Eiffel Tower, according to Ian Brossat, communist senator and advisor to the Paris city hall.

It remains to be seen how many cities will seize these new possibilities, while so far, only 350 municipalities have imposed restrictions, out of the 4.000 that could, according to a count by Airbnb.

"Hundreds of mayors, from Paris to Biarritz, from Annecy to Saint-Malo, are impatiently awaiting this bill," assured PS MP and deputy mayor of Marseille responsible for tourism, Laurent Lhardit, during the debate.

In Marseille, "we are ready to deliberate as soon as the law is promulgated to apply the strictest regulations in France in this area," added the socialist elected official, who called on the government to "resist the lobbies" to quickly publish the implementing decrees of the new legislation.

The text plans to generalize the registration number for all furnished accommodation. The lessor must also inform his condominium trustee – who may decide in his regulations whether or not to prohibit the rental of furnished tourist accommodation.

The creation of new furnished tourist rental accommodation will now be subject to a change of use authorization in all municipalities.

The new law was welcomed by hotel representatives, who considered it "balanced", as well as by the federations representing tourism (CAT and ADN Tourisme).

Conversely, AirBnB, for which France is its second largest market - the platform hosts rental offers in more than 29.000 municipalities in the country - regretted on Thursday "new fiscal and administrative constraints", while affirming that they would have "no significant impact" on its activities in France.

The group said it was ready to "work with more municipalities" on "proportionate and effective measures, in areas where the problems are clearly identified".