UK Host - French regulations for my second home

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UK Host - French regulations for my second home

can anyone help out with the French regulations, ,my french isnt all that good ,I would like to list my second home but dont understand the formalaties .

1 Best Answer
Lizzie
Former Community Manager
Former Community Manager
London, United Kingdom

Hello everyone,

 

Lovely to meet you. It is great to see you here in the Community Center. 

 

I see quite a few of you have questions around French regulations. I wanted to let you know that we also have a dedicated French speaking Community Center, which you might like to explore and perhaps also try posting your question there, as you might have more chance of getting a response to your question. 

 

Thanks so much,

Lizzie


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68 Replies 68

Hi @Christine,
Let me know what you need exactly. First in which city is located your 2nd home?
Cheers

Hi Olivier,

 

I just found this post, you seam to be aware of French regulation concerning Airbnb.

 

I was wondering if you could help, me and my wife are planning to buy a property in south Finistere or Morbihan, our idea is to find enought land to add a couple(2, 3) of small summer accomodation, unless we find property with more than one buiding.

 

We plan to rent during 4 month in summer, does it make sense to you or is it forbiden to rent that way through Airbnb.

 

Many thanks

 

Louis 

 

Hi Anonymous,

 

You seem to have a lot of good information.  I was wondering I am planning to buy as my first and primary residence in the area of Cassis.  Do you know what are the rules in that town? Is there a special permit that I need to get from the mayor for this area?

 

Thank you!

W

Bonjour Christine:

 We are trying to immigrate to France, and own three properties, two are considered as one piece. I read the new rules, but there does not seem to be a category for us, in that we will reside in our Genis property for four days per week, and Bordeaux for three.  neither of these will be lived in in actuality for more than seven months per year. I suspect we should just declare one of them our primary, even though we will live there less than 7 months of the year? 

Robert52
Level 2
Crewkerne, United Kingdom

There is usually no problem to rent out a house for up to 15 people. If more than 15 sleep in the house then your property falls into a hotel like category and you will be obliged to meet very strict regulations on access, emergency exits, fire control etc.

@Christine49@Robert52,

 

Sorry if I am going to be the person to pour cold water on this but let's go!

 

In France regulation for short term rental is clear and strict (even more since the huge increase of airbnb). First of all, only owners can rent. Subletting is totally forbidden except if you have the formal and writen agreement of the owner, in all case your are not allowed to make money up to the rent you pay to the owner. Then it depends of the status of the housing: is it your main home or your second home?

 

If it's your main home you can rent it as an entire home or just a private room for a maximum of 120 days/year. Up to 120 days you need to ask for a touristic license at the mayor urbanistic department.

 

If it's your second home, normally even to rent 2 weeks you need a touristic license. And you need to know if it's located in one of the 200 municipality specified by the french law as tense regarding housing. If not, great! to obtain a touristic license is easy, just have to filled the official form and that's all. If not, problem! above all in big cities like Paris. Each town have is own rules to reach the same purpose: to compensate the fact that while your short term rent your house, normal working people can't rent it with a long term lease. In some town you will have to pay a monetary compensation for each square meter on short term rental, in others you can't rent if you don't put the same number of square meters on the long term rental market (so if you want to rent on airbnb a 30m² studio, you have to rent on long term rental another of 30m²). Many french big towns have now special squads to fight against illegal short term rental. A new law, confirmed by the Parliament, not yet by Senate, will sue illegal renters with a 25.000€ fine, inmediate eviction for tenants, etc.

 

After that you have to pay taxes: the first is the touristic occupancy tax which is due per night and per person up to 18 years old, each town have his own amount and modality. And all the income have to be declared to tax office, you will have an automatical 50% tax allowance, even if you are not french.

 

That is just a little resume of what french regulation and formalities are. Even for french people it's difficult to understand everything.

 

@Christine49, feel free to ask me if you want some precision about a specific point.

 

Cheers

 

 

 

thanks so  much for your reply, I live in Mayenne (53) and its my second home , so do you know if I need a licence and if so where would I get it from .

@Christine49,

 

Good News, Mayenne (53)  is not one of the 200 municipality specified by the french law as tense regarding housing!

 

But you need a license. For that you have to download and fill the Form Cerfa n°14004*02 here: https://www.service-public.fr/particuliers/vosdroits/R14321. After have it registred in the Town House, you will recieve a receipt (it may arrive 1 month after don't care) and could legally rent your 2nd house.

 

For the Touristic Occupancy Tax I saw they are actually discussing the amount in Haute Mayenne County (it's a low tax, generally less than 1€/adult/night, in my case it's 0,39€). For the income tax I have no idea.

 

But I would contact your tourism office (Office de Tourisme Vallée de Haute Mayenne, Quai de Waiblingen, 53100 Mayenne, 0033 243 041 937, website: http://www.hautemayenne-tourisme.com). There will be somebody who can explain you everything in english.

 

Cheers

 

 

 

@Anonymous could you please explain what you meant by " in all case your are not allowed to make money up to the rent you pay to the owner."?

 

Many thanks for the help you've already given!

@Jill0,

It's very simple: if you pay 500€/month for rent the apartment you can't rent it for a total amount up to 500€/month. You are not allowed to make profit.

For detailed information you should contact French taxes department, it's their job to tell you exactly what's possible to do and how.

@Anonymous, many thanks for your quick reply.  I think we may have a little syntax problem.   It was what confused me with your original post. 

 

If you would be so kind, let's try with numbers - do you mean I could rent it out for 499 euros, if my rent was 500 euros?  Anything up to the amount I pay?

 

Thanks again!

Hello Oliver,

 

Where can I find information regarding the 200 muncipalities? Is Le Havre part of the 200 muncipalities? Thanks.

Hi Olivier,

I'm Italian, what should i do if I want to rent an apartment (my 2nd house) that is in Paris?

 

As i understood i should get the touristic licence (where?) and i could rent it on Airbnb also more than 120days. Is it correct?

In addition I will have a 50% reduction on taxes as I'm not french.

 

What should i do to have all the papers and be doing the things correctly?

 

Thanks a lot.

Pietro