This article gives more details about the new regulations passed by Paris City Hall, which apply to vacation rental properties as of December 1st 2017.
The law, No. 2016-1321 of 7 October 2016 of the Digital Republic, added significant modifications to vacation rental properties that we are here to explain for you.
Note from New York Habitat, November 2018: For your information, please note that the Paris City Council also applied modifications to the tourist tax table in September 2017. Therefore, as mentioned in the link below, Paris property owners must now file a record of all vacation rentals. This declaration can be done online or by mail.
Consult this link to the Mairie de Paris website for a summary of the information related to the filing of this tourist tax online or by mail: https://www.paris.fr/municipalite/l-hotel-de-ville/taxes-et-impots-2318#la-taxe-de-sejour_43
1) The Decision of the 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 legislature.
With regards to this, Paris City Hall set up the following registration procedure with an effective date of December 1st, 2017:
2) Implementation of the procedure
The Implementation Decree No. 2017-678 of 28 April 2017 provides more details.
It defines what is considered a vacation rental property and gives more details on the content of the declaration.
According to Article D.324-1, the definition of a “vacation rental property” is:
• 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 (which requires a 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 longer-term furnished rentals.
• A vacation rental property is also defined as a “furnished villa, apartment or studio put up for rent 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.”
• It can also be defined as a section of a vacation rental property, whether or not it is intended for the sole use of the tenant.
b. Content of the declaration
According to Article D.324-1-1, the declaration of a vacation rental property must be addressed 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 number of 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 in the complex), 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 to property owners by the town.
Moreover, in the case of modifications of the above information, a new declaration is required to be submitted.
3) Obligations of the intermediaries (applicable to agencies like New York Habitat)
Additionally, Article L.324-2-1 of the Tourism Code details the obligations of those who undertake, or assist for a fee, putting a furnished accommodation up for rent through an online platform.
Obligations are the following:
- Intermediaries must provide information about the aforementioned obligations of preliminary declaration and/or authorization
- Intermediaries must ask for the owner’s sworn statement attesting to his/her compliance with these obligations before putting a vacation rental property up for rent
- Intermediaries must publish the 13-digit registration number issued by the town in the property advertisement
- Intermediaries must pay particular attention 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 for which the property is rented should be accounted for, and the town in which the property is rented must be informed. Renting the accommodation on the platform will no longer be possible 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 occasionally put your accommodation up for short-term rental, you must now follow the procedure below:
Step 1: Declare your vacation rental property to Paris City Hall
Click the picture below to be taken to the website set up by Paris City Hall. Here, you will be able to declare your accommodation according to the aforementioned instructions.
Step 2: Provide a sworn statement to the agency in charge of renting your property
Realtors and online platforms must be given a sworn statement from you attesting that you respected your registration obligations as required by Paris City Hall.
This sworn statement has either already been sent or will be sent 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 from France) with any questions about this new law, or if you would like to list your Paris property on our website.
The new legislation, for reference:
“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.”
“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.”
“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 one 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 end, if this intermediary 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 one hundred and twenty days, the property cannot be subjected to a rental offer through the 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.”