This text of parliamentary origin, in the works since April 2023, was the subject of a compromise at the end of October between the National Assembly and the Senate. A version of the text common to both chambers was therefore largely approved on Thursday by the deputies – only the far right opposed it. It had already been unanimously approved by the senators on Tuesday.
“In the midst of the housing crisis and faced with the explosive increase in the number of furnished tourist accommodations, from 300,000 to 1.2 million in eight years, this text was necessary not to prohibit, but to regulate“, explained PS deputy Enaki Echaniz, one of the co-authors of the law, with elected Macronist Annaïg Le Meur.
“Restoring the primary function of housing is our only leitmotif”added the latter.
A reform particularly on taxation
To control the phenomenon, the law reforms in particular the taxation applicable to these rentals, until now more favorable than that weighing on traditional housing.
For unclassified furnished tourist accommodation – which has not requested a label, from one to five stars -, the tax reduction will drop from 50% to 30%, thus aligning with bare 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 standardized, to avoid “leak“from poorly insulated housing to short-term rentals.
Only the elected representatives of the RN and their Ciottist allies made a dissonant voice heard, denouncing a “crazy and punitive taxation“.
The law will “favoring the giants of the hotel sector to the detriment of those who simply want to earn additional income from their real estate (…), hard-won or inherited from their parents' work“, asserted Alexis Jolly (RN). “Obviously, the Airbnb lobby has done its job well at your place“, replied François Piquemal (LFI).
“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, elected officials will be able to cap the number of days in the year where an individual can rent their main residence on a platform at 90 (instead of the current 120).
All municipalities will also be able to set up quotas for furnished tourist accommodation. And those located in a “tense zone”, or comprising more than 20% of secondary residences, will be able to designate, in their local urban planning plan (PLU), zones reserved for the construction of main residences.
In Paris, the next PLU, which will be voted on in mid-November, must therefore 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 town hall of Paris.
It remains to be seen how many cities will take advantage of these new possibilities, while until now, only 350 municipalities have imposed restrictions, out of the 4,000 that could, according to an Airbnb count.
“Hundreds of mayors, from Paris to Biarritz, from Annecy to Saint-Malo, are impatiently awaiting this proposed law.“, assured during the debate the PS deputy and deputy mayor of Marseille in charge of tourism, Laurent Lhardit.
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 elected socialist, who called on the government to “resist lobbies” to quickly publish the implementing decrees of the new law.
The text plans to generalize the registration number for all furnished accommodation (main and secondary residence). The lessor must also inform his co-ownership trustee – who can decide in his regulations whether or not to prohibit the rental of furnished tourist accommodation.
The creation of new accommodation for furnished tourist rental will now be subject in all municipalities to an authorization for change of use, if a residential accommodation becomes accommodation for commercial use.
The new law was welcomed by hotelier representatives who saw it as “a balanced response to the needs of our fellow citizens and the economic imperatives of the hotel sector”.
Conversely, AirBnB, of which France is the second market – the platform hosts rental proposals in more than 29,000 municipalities in the country – “regretted” the restrictions brought by a text which, according to it, will not resolve the problems access to housing.
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