French Tourism Code
In forceI.-For the purposes of this article, furnished tourist accommodation is defined as a furnished villa, flat or studio, for the exclusive use of the tenant, offered for rent to a visiting clientele who do not take up residence there and who are staying there on a daily, weekly or monthly basis.
II - Any person offering a furnished tourist accommodation property for rent, whether or not it is classified within the meaning of this Code, must have made a prior declaration to the mayor of the municipality in which the property is located.
This prior declaration is not compulsory when the premises are used as a dwelling and constitute the hirer's main residence, within the meaning of article 2 of law no. 89-462 of 6 July 1989 aimed at improving rental relations and amending law no. 86-1290 of 23 December 1986.
III - By way of derogation from II, in municipalities where the change of use of premises intended for residential use is subject to prior authorisation within the meaning of articles L. 631-7 to L. 631-9 of the Code de la Construction et de l'Habitation (Building and Housing Code), the municipal council may decide to make any rental of a furnished tourist accommodation subject to a prior declaration to be registered with the municipality.
The declaration must indicate whether the furnished tourist accommodation offered for rent constitutes the hirer's principal residence within the meaning of article 2 of the aforementioned law no. 89-462 of 6 July 1989.
The declaration can be made via a teleservice. The declaration may also be made by any other means provided for in the aforementioned decision.
As soon as the declaration is received, the municipality immediately issues an acknowledgement of receipt including a declaration number.
A decree determines the information that may be required for registration.
IV - In municipalities that have implemented the procedure for registering the prior declaration referred to in III, any person offering a furnished tourist accommodation for rent that has been declared as their main residence may not do so for more than one hundred and twenty days in any one calendar year, except in the case of professional obligations, health reasons or force majeure.
Up until 31 December of the year following the year in which a furnished tourist accommodation is let, the local authority may ask the owner to inform it of the number of days the accommodation was let. The landlord must provide this information within one month, stating the address of the furnished accommodation and its declaration number.
IV bis -In municipalities that have implemented the registration procedure set out in III, a decision by the municipal council may make the letting of premises used for commercial purposes as furnished tourist accommodation subject to authorisation.
This authorisation is issued by the mayor of the municipality in which the premises are located, having regard to the objectives of protecting the urban environment and achieving a balance between employment, housing, shops and services.
Where the application relates to premises subject to prior authorisation for a change of use under the Town Planning Code, the authorisation provided for in the first paragraph replaces the aforementioned authorisation, provided that the conditions laid down in the Town Planning Code are met.
A decree by the Conseil d'Etat will specify the application of this IV bis.
V.- Any person who fails to comply with the obligations resulting from III is liable to a civil fine of up to €5,000.
Any person who fails to comply with the obligations resulting from IV is liable to a civil fine of up to €10,000.
Any person who fails to comply with the obligations resulting from IV bis is liable to a civil fine of up to €25,000.
These fines are imposed by the president of the judicial court ruling under the accelerated procedure on the merits, at the request of the municipality in which the furnished tourist accommodation is located. The proceeds of the fine are paid to the municipality. The competent court is the one in whose jurisdiction the furnished tourist accommodation is located.
