Tourist accommodation in Marseille: two owners of multiple properties sentenced to heavy fines

The companies of two multi-property owners, an orthopedic surgeon from Périgueux and a Parisian developer who invested in seasonal rentals by dividing apartments in two buildings in the city center, will have to pay heavy civil fines, respectively 171.000 euros and 40.000 euros.

The judge in chambers considers that they have not complied with the rules of the building and housing code and the tourism code requiring authorization for change of use of the premises and an obligation to make a prior declaration to the municipal services.

The two concierge services that were in charge of renting out their furnished apartments - 14 for one, nine for the other - will have to pay the city of Marseille 8.000 and 36.500 euros.

The City of Marseille "is satisfied with the initial decisions." They "send a clear signal: the rules regarding tourist rentals must be strictly respected," the municipality wrote in a statement.

However, the city's claim against another owner, a Marseille plumber and his wife, was dismissed due to a lack of irrefutable proof of the prior residential use of a property located in a building in danger.

The City did not obtain the €2,4 million it sought from these three property owners – it had requested the maximum fine. However, it did win a significant victory: the properties must be returned to residential use within three months, subject to a penalty of €10 per day of delay per square meter.

"By imposing severe fines but above all by ordering the return of these apartments to a use that allows them to accommodate Marseille families, the judge perfectly understood the approach of the mayor," said Benoît Payan, a left-wing independent, according to the lawyer for the municipality, Jorge Mendes Constante.

For him, these decisions "invite multiple property owners who persist in circumventing the law out of greed to put an end to this illegal trade."

Of the 13.000 apartments identified as furnished tourist accommodation, half do not comply with the increasingly strict rules laid down by the municipality.

In the historic Panier district, more than one in ten properties is listed on short-term rental platforms. With one million overnight stays per year, Marseille is one of the cities most affected by this tourist pressure.

The judge in chambers ordered that the case of a fourth owner summoned be examined in a neighbouring jurisdiction, namely Toulon, due to his functions as a judge at the Economic Activities Court of Marseille.

Four new owners will be assigned on May 6.