Since January 1, 2025, a new law applies to tourist rentals.
The text notably changes the rules allowing their prohibition in co-ownership.
Although they are generally more restrictive, their application is limited to certain cases.
For several years, the question of the supervision of furnished tourist rentals has been debated. Platforms like Airbnb have widely popularized the concept. Cities have therefore seen a proliferation of advertisements, with perverse effects on the classic rental offer, but also sometimes on the tranquility of co-ownerships. The question of whether a co-owner can rent his property was complex. It was indeed necessary to arbitrate between the freedom of the co-owner, the co-ownership regulations, the nature of the activity, the type of building or the existence of nuisances. But a new law came into force on January 1 and clarifies the situation.
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A law that facilitates the ban on tourist rentals in co-ownership
Until now, co-owners unhappy that a lot was intended for tourist rental often relied on the co-ownership regulations when they prohibited “commercial” activities in the residential premises. But the Court of Cassation had, in a judgment of January 2024, considered that this qualifier could only apply if certain services were provided (breakfast, regular cleaning, supply of linen, customer reception).
Since January 1, 2025, new co-ownership regulations must explicitly specify whether tourist rental is authorized or not. When a regulation already exists, this question must be decided by a vote by the so-called “article 26” majority, that is to say by a majority of votes representing at least two thirds of the co-owners. Until now, such a change could require a unanimous vote.
A co-owner who wishes to rent his property must also register at the town hall, but also with the trustee. This question must be included on the agenda of the next general meeting. This measure allows on the one hand to prevent other co-owners from being presented with a fait accompli, and on the other hand to identify the rental owner to report any possible nuisances.
Which co-owners will not be affected?
A priori restrictive for owners wishing to rent their property, this reform nevertheless provides for two significant exceptions. The first is that the prohibition which may be included in the co-ownership regulations does not concern the owner-occupiers if the apartment is their main residence. Renting your property when you go on vacation therefore remains perfectly possible. The law rather aims to limit investments with a purely tourist vocation which harm the traditional rental offer.
Furthermore, this same ban cannot be put in place.only in co-ownerships whose regulations prohibit any commercial activity in lots which are not specifically for commercial use.. We often talk about “bourgeois housing clause” or “exclusively bourgeois“. Here again, many co-ownerships should therefore not be affected.
