Law No. 2024-1039 of November 19, 2024, known as the Le Meur law, aims to strengthen and regulate the control of the rental of furnished tourist accommodation, which has intensified with the development of reservation platforms such as Airbnb, Booking.com, Abritel and others.
This article aims at a synthetic approach of 2 main levers wanted by the legislator; that of the legislation of change of use under article L. 631-7 of the Construction and Housing Code and that of the powers given to the syndicates of co-owners by modifying the majority rules to prohibit furnished tourist rentals.
Do you own a short-term rental home, do you want to start, or are you planning to invest in this sector? The recent Le Meur law has probably raised questions about the viability of your project.
Good news: All is not lost! Despite a stricter framework, furnished tourist rentals remain attractive for those who know how to adapt. Let's discover together the new rules of the game and the winning strategies to continue to thrive.
Here are the key metrics you should be aware of:
End of the full application of the legislation on the change of use for municipalities with more than 200,000 inhabitants and those of the departments of Hauts-de-Seine, Seine-Saint-Denis and Duval-de-Marne.
Since the Le Meur law, these municipalities will now have to deliberate, like those located in a tense zone, to decide whether to make changes in the use of residential premises subject to authorization.
❗ In the event of a dispute, verify the conformity of the deliberations with the help of a specialized lawyer.
New rule for determining the use of a premises:
From now on, the municipalities concerned will be able to rely on the introduction by the Le Meur law of a new criterion for assessing the use of premises to require its owner to file an application for authorization. This concept of”premises inhabited or intended to be inhabited at any time during the last thirty years preceding the application for authorization” aims to take into consideration the real situation of premises that could have been used as housing over the past thirty years in order to subject them to this procedure. This criterion was adopted to make it easier for municipalities to justify the use of the changes made by extending the determination period and to make the task more complicated for owners who, in good faith, having rented properties seasonally for years (for example), ask themselves the question of the legality of their rental in order to force them to cease their activity. In the old text, proof of use had to be shown at 1ErJanuary 1970 with this modification the municipalities will be able to search during the thirty years preceding the request to determine the effective use of the premises and impose an application for authorization.
❗ To determine if your premises fall within the scope of the change of use, you should check the use of your premises over the last thirty years.
The evidentiary value of the building permit called into question:
“An urban planning authorization for a change of destination is only a valid form of proof if it is accompanied by an authorization for a change of use” : more concretely, the regularizing effect conferred on building permits to secure the rights of owners disappears while the administrative doctrine, which nevertheless calls for a reconciliation between the policy of use and that of the destination of a property since the law of 13 July 2006, seems to have been evaded by the legislator. Now an owner who has obtained an authorization to transform a residential premises into a commercial space (the most frequent cases) could not rent this premises into a furnished tourist apartment even under a commercial lease.
❗ Even if you have obtained an administrative authorization, you must obtain a change of use authorization to carry out a furnished tourist rental activity.
Blurred concepts of destination and use:
The concept of destination of a premises refers to the urban planning code to define its layout functional while that of its use is defined by the Construction and Housing Code for its effective use. With the introduction of a new provision by which “residential use means any space that is inhabited or intended to be inhabited even if it is not actually occupied” The lines are muddied, even if a premises that are not effectively used for housing but intended to be used as such will suffice for the municipality to consider it as being for residential use.
❗ The owner must ensure that his premises do not have the characteristics of a home.
Attention to the new Local Urban Plans:
With the Le Meur law, municipalities will now be able to delimit sectors where any new housing construction must be used exclusively as a main residence, which poses the problem of the concept of use introduced in the Urban Planning Code, whereas the use of a home as a main residence falls under the Construction and Housing Code.
An investor planning to buy a new rental home whose permit has been granted on the basis of a PLU amended after the Le Meur law must ensure with the developer that the property is not used exclusively for the main residence.
❗ Higher fines : Non-compliance with obligations exposes you to significant financial penalties of up to €100,000
General meetings can ban tourist rentals by a two-thirds majority (against unanimity previously).
👉 Read our article Investing in “Airbnb” furnished tourist accommodation: pay attention to the prohibition clauses in condominiums
Before investing, make sure your project meets all local requirements and regulations. A careful preliminary analysis will avoid many disappointments. At OIQIA, we study each project individually to guarantee you optimal legal security.
The trick for savvy investors? Acquire complete buildings! Also called “mono-properties” to avoid the constraints associated with condominiums. For example, the conversion of former offices into housing dedicated to short-term rentals has multiple advantages:
Not all municipalities have the same restrictions. Diversify your portfolio by investing in municipalities where regulations remain flexible. A precise territorial analysis can reveal excellent opportunities in less restrictive tourist areas.
Faced with constantly evolving regulations, entrusting the management of your property to professionals is becoming strategic. A specialized manager like OIQIA guarantees you:
👉 Make an appointment with an OIQIA expert
Despite this strengthened regulatory framework, furnished tourist rentals still have major advantages:
The Le Meur law does not spell the end of short-term rentals — it simply requires an evolution of practices. By adopting a strategic approach (entire buildings, targeted areas, professional management), you can not only maintain but optimize the profitability of your investments.
At OIQIA, we support owners and investors on a daily basis in this transition, with a simple objective: to maximize your profitability while guaranteeing total legal security.
👉 Make an appointment with an OIQIA expert
Do you have questions about your short-term rental investment project? Our experts are at your disposal for a personalized study. Contact us!
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