French Tourism Code
In forceI.-Any person who engages in or assists in the rental of furnished tourist accommodation subject to article L. 324-1-1 of this Code and articles L. 631-7 et seq. of the Code de la Construction et de l'Habitation informs the hirer of the prior declaration or authorisation requirements laid down by these articles and obtains from him, prior to the publication or online posting of the rental advertisement, a declaration on his honour attesting to compliance with these requirements, indicating whether or not the accommodation constitutes his principal residence within the meaning of article 2 of law no. 89-462 of 6 July 1989, as well as, where applicable, the declaration number obtained pursuant to III of article L. 324-1-1 of this code. When this furnished tourist accommodation is subject to the same III, it publishes this declaration number in any advertisement relating to this furnished accommodation.
II.In municipalities that have implemented the registration procedure mentioned in III of article L. 324-1-1, the municipality may, until 31 December of the year following that in which a furnished tourist accommodation was rented out, ask the person referred to in I of this article, where the latter has knowledge of this, in particular when it provides a digital platform likely to give it knowledge or control of the data stored, to send it the number of days during which this furnished tourist accommodation was rented out through its intermediary. The person mentioned in I above must send this information within one month, stating the name of the lessor, the address of the furnished accommodation and its declaration number, as well as, where applicable, whether or not the furnished accommodation constitutes the main residence of the lessor 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. The municipality may request an individual breakdown for furnished tourist accommodation located in all or part of its territory.
In these same municipalities, the person mentioned in the aforementioned I no longer offers for rent a furnished tourist accommodation declared as the hirer's main residence when he/she is aware, in particular when he/she makes available a digital platform likely to give him/her knowledge or control of the data stored, that this furnished accommodation has been rented, through his/her intermediary, for more than one hundred and twenty days during the same calendar year. It fulfils its obligations on the basis of the declaration of honour referred to in I above. The system for withdrawing offers may be shared by several of the persons mentioned in I above. Where applicable, this shared system is certified each year before 31 December by an independent third party.
A Conseil d'Etat decree specifies the frequency and technical procedures for transmitting the information mentioned in the first paragraph of this II according to the characteristics of the municipalities, their requirements for carrying out the checks on the regulations provided for in this chapter and the capacity of the person mentioned in I to respond to requests from the municipalities.
III - Any person who fails to comply with the obligations resulting from I is liable to a civil fine of up to €12,500 per furnished tourist accommodation concerned by the failure.
Any person who fails to comply with the obligations resulting from the first paragraph of II shall be liable to a civil fine of up to €50,000 per furnished tourist accommodation concerned by the failure.
Any person who fails to comply with the obligations resulting from the second paragraph of II shall be liable to a civil fine of up to €50,000 per advertisement for which the breach occurred.
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 judicial court is the one in whose jurisdiction the furnished tourist accommodation is located.
IV - Sworn officers from the municipal or departmental housing department mentioned in articles L. 621-4 and L. 651-6 of the Code de la Construction et de l'Habitation (Building and Housing Code) are authorised to investigate and record any breaches of articles L. 324-1-1 and L. 324-2 of the present Code and of the present article in the area covered by the municipal or departmental housing department. To this end, they are empowered to obtain any declarations from the persons mentioned in II of article L. 324-1-1 and in I of this article.
