more and more French rent out their accommodation to tourists. But the legislation has tightened up recently for some. It makes the point.
Prior to renting a secondary residence or, in a timely manner, his principal residence, different formalities are to be performed vis-à-vis the condominium, insurance and Administration. In addition, a lease governed by the provisions of the civil Code (articles 1713 et seq.) must be signed with the tenant according to certain rules.
Prior rent
The rules of joint ownership and insurance. Where the property is located in a building, it must first ensure that the regulation of co-ownership is not prohibited in furnished flat of tourism. If this is the case, it will be necessary to obtain the agreement of the condominium for rent to a transient population.
It is also necessary to check that the home insurance of the property will cover the risk in any case and, if necessary, ask his insurer of an extended warranty for the rental temporary.
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The tenant must also be insured. The clause guarantee holiday of his contract household is often sufficient for a seasonal rental. The housing must be decent (the minimum standards are laid down by the decree no. 2002-120 of 30 January 2002) and equipped with at least one smoke detector.
The declaration in town hall. The owner who wishes to rent in a furnished rental seasonal must file prior to the mairie of the commune where is located its a statement of rental, including the number of bedrooms, the number of people that can stay there and the time periods during which the lease is proposed (section D 324-1-1 of the Code of tourism).
The declaration made on a form (Cerfa no. 14004*02), shall be renewed only in the event of a change in the information provided. The absence of a declaration subject to a fine of up to 450 euros (article R 324-1-2 of the Code of tourism), unless the property proposed for seasonal rental is the main residence of the landlord, because it is not, in this case, subjected to this formality.
permission for change of use. According to the cities, a prior authorization of the mayor is necessary, to the extent that constitutes a change of use (article L 631-7 of the construction Code and housing) rent a room furnished for habitation, repeatedly, for short periods, to a transient population who do not elect domicile.
This will be the case if the property is located in Paris, in a joint of the little crown or in a city of over 200,000 inhabitants. Also, he must check with his mairie to find out if the procedure applies.
In the capital, permission for change of use, which is given in a personal capacity and not under the local concerned, is subject to a “compensation” in the form of the transformation concomitant residential premises with any other use (offices, shops).
The non-observance of the procedure is punished by a heavy fine. Are not concerned homeowners who rent their primary residence less than 120 days per year (article L 631-7-1 Has CHC).
The municipalities may also decide that all of the touristic locations, whether in the primary or secondary residence, must have a registration number to be published in each rental offer (article L 324-1-1 of the Code of tourism, supplemented by the act of 7 October 2016, called the law for a Republic digital).
The classification of furnished tourism. The “meublé de tourisme” is the rental of a dwelling furnished to a transient population who is living by the day, week or month (article 324-1 of the French tourism Code).
The classification is assigned by an accredited organization of the site Atout France, tourism development agency of the ministry of Economy. It is not mandatory, but it indicates a level of comfort and service (from one to five stars). In addition, this classification, valid for five years, gives the right to a favourable tax regime.
administrative obligations. Where the property is located in a common tourist, it is necessary, under penalty of a fine of 750 euros, to collect for the account of the town hall from the tenant a tax of stay for a variable amount depending on the locality (check with the mairie for the price).
in Paris, for example, it is 83 cents of euro per person and per night. In addition, the people that host residents who are not French must have them fill out an individual sheet of font and keep it for six months. No sanction is provided if this requirement is not met.
The rental itself
the description of The places. To inform the prospective tenant in making its decision, a decree of may 16, 1967 relative to rentals seasonal furnished obliges the owner to give a precise description of the premises before signing the contract. In addition to the description of the property and its location in the city, this document details the terms and conditions and the price of the lease (amount of rent, payment of a guarantee deposit, charges…). A fine of 3 750 euros (7 500 euros if there is a recurrence) is incurred if information is obviously inaccurate (decree no. 67-128 February 14, 1967).
The cheque of booking. It is common to ask the future tenant to send by cheque a sum to reserve. Between individuals, it is free ; it is customary to be set at 25 % of the amount of rent (maximum allowed when the property is rented via a real estate agent).
Attention to the qualification given to this advance. If it is a deposit, the tenant and the landlord and can be waived with a counterparty. If it is a deposit, they can’t change your mind. For example, the tenant who cancels is obligated in principle to pay the full rent.
The rental contract and the security deposit. A rental contract must be established in writing in two copies (prints are for sale in the trade), one for the landlord, the other for the lessee, and to contain the price of the rental and a description of the premises (article l. 324-2 of the tourism Code).
The owner has full freedom to determine the amount of the rent, leaves to meet the market rates for rent easily. It is right to prohibit the presence of animals, or to exceed a set number of occupants.
charges can be billed to the lessee at the package or by reason of the actual consumption. Must be provided : diagnosis of energy performance (DPE) ; and the state of natural hazards, mining and technology (ERNMT) ; the determination of the risk of lead exposure (when the housing was built before 1949) ; and finally, the installations of gas and electricity have more than fifteen years (from July 1, 2017 when the housing is located in a building of which the building permit has been issued prior to January 1, 1975, to January 1, 2018 for the other).
Although not mandatory, it is recommended that a contradictory state of affairs and detailed, as well as an inventory of the furniture, to the arrival and departure of the tenant. A deposit is often requested. The amount is not regulated. In practice, it represents 25 % of the rental price. The sum should be returned within a reasonable period of time mentioned in the contract, subject to an appraisal, satisfactory, and after returning the keys to the property.
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The tax and social regime. The lessor benefits for its revenue from the plan in favour of industrial and commercial profits (BIC). The micro-BIC applies as of right when the annual turnover is below 33 200 euros in 2017, a flat-rate deduction of 50 %, covering all the expenses that the landlord is supposed to support.
The rent of a furnished flat of tourism classified under the micro-BIC up to 82 800 euros, with an allowance of 71 %. If the tenancy has been conducted via an Internet platform (Airbnb, for example), you need to declare the gross rent, the tax calculating the tax deduction. Regarding the social plan, since January 1, 2017, the owners who rent for short periods of time, a furnished apartment are required to join the social Regime of independent (RSI) from € 23 000 per year of rental income, with the possibility to opt for the general regime of social Security. Below of 23, 000 euros, these revenues are subject to social contributions of 15.5 %.