Currently, nearly 90,000 accommodations are listed for Paris intramural on AirBnb. Indeed, the French capital remains a privileged tourist destination. However, if you are in a perspective of renting accommodation, be aware that there are very specific regulations.
Definition of Paris tourist rental and the law concerning it
When we talk about furnished AirBnb accommodation, this corresponds to any rental that you can find on the platform, whether from individuals or professionals. However, furnished accommodation only corresponds to the rental of a private room belonging to your main or secondary residence.
It is also a bed and breakfast and this assessment was redefined in 2018 by article 1021-145 of the ELAN law.
In other words, furnished accommodation remains an equipped accommodation belonging to a professional or an individual for seasonal rental, for a short period or during holidays. Therefore, you have the right to rent a room in your main accommodation without this being done within a time limit.
Additional details on AirBnb and Paris regulations
Various legislative measures have been implemented by the City of Paris. First of all, it is imperative to declare the accommodation to the town hall in order to obtain a registration number. Moreover, the latter will appear directly on the announcement of the AirBnb site. The objective is to ensure that the owner respects the legal limit of 120 days when it comes to renting a complete accommodation as a main residence.
But that's not all, the ELAN law implemented on April 4, 2018 requires rental companies to count and transmit the number of overnight stays in the accommodation during the year to the town hall.
In the absence of this document, sanctions are also provided for both the lessor, but also for the AirBnb platform. This is why the latter is particularly attentive to compliance with the rules.
If this is a cause for concern, do not hesitate to refer you to our UpperKey service. Indeed, we have a real specialization in property management and we support any owners wishing to move towards the seasonal rental of their property. We are very methodical and we ensure compliance with the regulations so as not to fear the slightest violation.
AirBnb and Paris legislation: how to practice seasonal rental legally?
If you wish to administer your property, you must ensure that you do so in compliance with the legislation. Since the City of Paris imposes many rules, you can rely on a practical guide that has been developed by the municipality. You can also find it on https://www.paris.fr/meubles-touristiques .
AirBnb regulations when renting your main residence
If your objective is to rent out your main residence , be aware that the duration of the rental cannot exceed 120 days per year. To do this, you must contact your town hall so that your accommodation has a registration number. Then, this number must imperatively appear on your ad when you use the AirBnb platform.
This is a general regulation that does not only concern the AirBnb platform, but any seasonal rental intermediary. Therefore, if you decide to publish an advertisement on your own website, this registration number must also appear there.
Note that a tourist tax will be imposed on you and you will be able to calculate it based on the tax rate and your tax base.
The AirBnb regulations to follow scrupulously for the seasonal rental of your second home
If this time the rental does not relate to your main residence, but to a secondary rental, you must once again approach the town hall to request authorization for a change of use. A necessary step that will then allow you to make a change of destination from local to hotel accommodation. Following this, your secondary residence will then be registered as a seasonal rental with the municipality of Paris.
Once again, you'll get a number to put on your AirBnb listing or whatever other platform you use. Of course, the tourist tax will once again be present.
What are the tax obligations as a landlord?
Beyond the AirBnb regulations you have just seen, tax obligations are an additional constraint to consider. Indeed, the income generated following this activity is taxable and therefore it is imperative to declare it to the tax authorities. This process is done at the same time as the tax return, but be aware that legislative changes can always take place. Hence the importance of getting information from the Ministry of the Economy.
However, if the income generated over the year does not exceed €760, you are not obliged to declare its income tax resources.
AirBnb rules in Paris
Thanks to the AirBnb platform, you have the possibility of renting your main residence on a short-term basis and in compliance with 120 days a year. With the site, you do not need to declare a change of use, the slightest permit or a request for authorization.
But beware, there are still rules to follow.
Vigilance on AirBnb regulations regarding the number of inhabitants
When the rental of your property takes place in a municipality of more than 200,000 inhabitants, which is the case in Paris, you cannot exceed 120 days per year of seasonal rental. In the absence of a registration number, the AirBnb platform will refuse you the publication of the ad.
If, on the other hand, you wish to rent a property in a city of less than 200,000 inhabitants, you do not have to make a declaration to the town hall, but the respect of a maximum of 120 days each year still remains in force.
AirBnb regulations distinguish between primary and secondary residence
According to article 2 of law 89, a dwelling occupied at least eight months per year is then considered as a principal residence. Except in cases of force majeure, health reasons or professional obligations.
From the moment you live more than eight months in a dwelling, it is then considered your main residence. Therefore, it is impossible to rent it as a seasonal rental for more than 120 days.
What are the risks of an AirBnb Paris vis-à-vis the legislation?
As soon as you want to use the AirBnb platform as an owner, you must have a perfect knowledge of the regulations in force. This information must imperatively be done before the publication of your ad.
If you ever fail to comply with the legislation, you risk a fine of up to €5,000 if you do not have a registration number. In addition, when the municipality of Paris asks to provide specific information, you must be able to transmit it concerning in particular the number of overnight stays each year. Otherwise, a fine of €10,000 may be applied.
For its part, the AirBnb platform must imperatively control the various advertisements published on its website. As a result, a control system has been put in place to provide the Paris City Hall with the number of nights for each rented accommodation. If unfortunately the platform fails in its duties, it risks a fine of €12,500 in the event of the absence of the registration number and a fine of €50,000 if the count of the number of nights has not been transmitted.
This is why AirBnb is particularly vigilant about the regulations. Once again, if you have trouble finding your way among the various tax and administrative information, do not hesitate to delegate the task using the UpperKey service. For you, it will be a real relief, because you don't have to worry about the many steps to take.
What do the AirBnb regulations say for renting a space that is not considered residential accommodation?
The seasonal rental law also provides details on this subject. Indeed, you may have a property for commercial use, but you wish to reallocate it for a seasonal rental. In this case, you must follow the following procedure:
Imperatively obtain a change of destination of your commercial premises so that it is reclassified as hotel accommodation. In other words, it's a status change.
Then, it is imperative to get closer to the town hall of Paris to register your accommodation. Of course, the various tax and legislative rules apply. Following this, you will obtain a registration number that you will have to indicate when publishing your ad on the AirBnb platform.
However, it is obviously necessary to ensure that the commercial premises provide all the services necessary to welcome tenants in complete safety.