Picture of Paris city hall Paris city hall

This article gives more detail on the new regulations passed by Paris City Hall, which apply to vacation rental properties as of 1st December 2017.

The law, no. 2016-1321 of 7 October 2016 of the Digital Republic, added significant modifications to vacation rental properties that we are going to explain below:

1) The Decision of the City council

Picture of Nice city council City council

According to article L.324-1-1 of the tourism code, a town can decide, through deliberation conducted by the city council, on a registration procedure for vacation rental properties.

Therefore, if the town decides on a registration procedure, it replaces the previous declaration set up by the legislator.

In this respect, Paris City Hall set up this registration procedure, effective date 1st December 2017:

Image of Paris City Hall’s logo Paris City Hall’s logo

2) Implementation of the Procedure

The implementation decree no. 2017-678 of 28 April 2017 provides more details:

Defining what is considered a vacation rental property; and

Giving more details on the content of the declaration

a. Definition

According to article D.324-1, a vacation rental property is defined as:

• A vacation rental property is a short-term rental directed at visiting guests who do not take up primary residence in the accommodation.

Furnished rentals complying with the law of 6 July 1989 (one-year lease agreement or 9 months for students) are not subject to vacation rental property regulations. Therefore, no preliminary administrative procedure with Paris City Hall is required for these longer term furnished rentals.

• A vacation rental property is a “furnished villa, apartment or studio put up for rental to temporary guests, for the sole use of the tenant who stays in the property for a day, a week or a month or more, and who does not take up primary residence in the accommodation”

• A section of a vacation rental property whether or not it is intended for the sole use of the tenant.

b.The Declaration

According to article D.324-1-1, the declaration must be addressed, by any means, to the mayor of the town where the vacation rental property is located.

If conducted through a teleservice (online), the following information is required:

• Name, postal address and email of the declarant

• Primary or secondary residence status

• The number of rooms and beds in the vacation rental property

• The classification date and level of the property

• The address of the vacation rental property, including block, staircase, floor and apartment number (if there are several buildings and/or apartments), or the identification number of the accommodation indicated on the council tax assessment

Upon receipt of the declaration, a 13-digit declaration number will be issued by the town.

Moreover, in case of modifications of the above information, a new declaration will have to be filled out.

3) Obligations of the Intermediaries (applicable to New York Habitat)

Additionally, article L.324-2-1 of the tourism code defines in more detail the obligations of those who undertake, or provide assistance for a fee, to put a furnished accommodation up for rental through an online platform.

Obligations are the following:

• Providing information about the aforementioned obligations of preliminary declaration and/or authorization;

• Asking for the owner’s sworn statement attesting his compliance with these obligations before he puts his property up for rental;

• Publishing the 13-digit registration number, issued by the town, in the property advertisement;

• Particular attention must be paid to owners who rent their primary residence: the property should not be rented more than 120 days per year. If this limit is not respected, the number of nights should be accounted for and the town in which the property is rented must be informed. Renting this accommodation on the platform will not be possible anymore until the end of the current year.

If you own a vacation rental property in Paris and would like to rent your accommodation as a vacation rental or want to put your accommodation up for short term rental on occasion, you must now follow the procedure below:

1st step: declaring your vacation rental property to Paris City Hall

You will find below the link to the website set up by Paris City Hall, upon which you will be able to declare your accommodation according to the aforementioned instructions:

 Image of a desktop background featuring the online declaration section of Paris City Hall’s website for vacation rental properties. Click on the picture above to declare your accommodation on Paris City Hall’s website

2nd step: providing a sworn statement to the agency in charge of renting your property

Realtors and online platforms must get a sworn statement from you attesting that you respected your obligation of registration as required by Paris City Hall.

This sworn statement has either already been sent or will be shortly to the owners working with us.

Feel free to contact us at 212-255-8018 (or +11 33 1 42 36 78 70 if you call in France) for any question about this new law, or if you would like to list your Paris property on our website.

Reminder of the New Legislation, for Reference:

Article L.324-1-1

“I. – All landlords who put a furnished property up for rental, whether or not it is listed as stated in the current code, must have declared it beforehand to the city hall of the town where it is located.

This preliminary declaration is not mandatory if the locale to be used for housing purposes is the principal residence of the landlord, as stated in article 2 of the law no. 89-462 of 6 July 1989, which tends to improve rental relationships and modifies the law no. 86-1290 of 23 December 1986.

II. – In the towns where changing the use of the housing locales must be authorized beforehand as stated in articles L. 631-7 and L. 631-9 of the building and housing code, the city council can deliberate over a preliminary declaration subject to registration with the town for all short term vacation rental properties offered to temporary guests who do not take up residence in the accommodation.

When this declaration subject to registration is put in place, it replaces the declaration as mentioned in section I of the current article.

Declaration is possible through a teleservice, but also by any means of submission as stated in the aforementioned deliberation.

Upon receipt of the declaration, the town promptly issues an acknowledgement of receipt including a declaration number.

A decree determines the information that might be required upon registration.”

Article L.324-2

“Any offer or lease agreement for a vacation rental property must be in writing and include the asking price as well as a detailed inventory.

All rental offers as mentioned in section II of article L. 324-1-1 must include the declaration number as indicated in this article.”

Article L.324-2-1

“I. – Any person who undertakes or provides assistance for a fee, through mediation or negotiation or by providing an online platform, to put an accommodation up for rental subject to article L. 324-1-1 of the current code and articles L. 631-7 et seq of the building and housing code informs the landlord of his preliminary declaration or authorization obligations as required by these articles and, before renting the property, gets a sworn statement from him attesting his compliance with these obligations, indicating whether or not the accommodation is his principal residence as stated in article 2 of the law no. 89-462 of 6 July 1989, as well as the property’s declaration number, if applicable, obtained in accordance with section II of article L. 324-1-1 of the current code.

II. – Any person who undertakes or provides assistance for a fee, through mediation or negotiation or by providing an online platform, to put an accommodation up for rental subject to section II of article L. 324-1-1 and articles L. 631-7 et seq of the building and housing code must publish in the property advertisement the declaration number obtained in accordance with section II of article L. 324-1-1 of the current code.

This person also ensures that the vacation rental or sublease is not rented more than a hundred and twenty days per year through his intermediary when the accommodation is the principal residence of the landlord as stated in aforementioned article 2 of the law no. 89-462 of 6 July 1989. To that purpose, if this person is aware of it, he must deduct the number of occupied nights, and inform annually, at its request, the town where the accommodation is located. Beyond a hundred and twenty days, the property cannot be subjected to a rental offer through his intermediary until the end of the current year.

III. – Controlling methods and penalties for failure to meet obligations as stated in section II of the current article are set by decree.”

Image of Paris City Hall’s logo Paris City Hall’s logo



Related apartment rental posts from New York Habitat:
  1. Recipes to Cook Your Own French Cuisine in a Paris Vacation Rental Apartment!
  2. Offer your vacation rental for the Olympics in London
  3. “Sharing” Senator Krueger’s Message Regarding The Vacation Rental Ban
  4. How Far in Advance Should I Reserve a Vacation Rental?
  5. Spend your own ‘Year in Provence’ with a vacation rental in Luberon


 

Leave a Reply

Submit Comment

Click to hear an audio file of the anti-spam wordTo prove you are a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.