Intermediation of furnished tourist accommodation rentals
FREQUENCY AND PROCEDURE FOR THE TRANSMISSION OF INFORMATION BETWEEN COMMUNES AND INTERMEDIARIES OF FURNISHED TOURSIT RENTALS (Decree issued in implementation of Article 145 of Law No 2018-1021 of 23 November 2018 on changes in accommodation, planning and digital technology)
This Decree implements Article 145 of Law No 2018-1021 of 23 November 2018 on changes in accommodation, planning and digital technology, also known as the ELAN Law. Said Article mandates that ‘a Council of State decree shall establish the frequency and technical procedure for the transmission of the information mentioned in the first paragraph of this paragraph II, based on the characteristics of the communes, their need to verify compliance with the regulations set out herein and the ability of the person referred to in paragraph I to comply with the communes’ requests.’
Thus, the Decree must specify the procedure and the frequency for the transmission of the information which a commune is entitled to demand from intermediaries of furnished rental properties and, notably, digital platforms.
This exchange of information concerns communes which have decided to subject the rental of any furnished tourist accommodation to a prior declaration to be registered with the commune itself. Upon receiving the lessor's declaration, via a remote service or by any other means approved by resolution of the municipal council, the commune issues a declaration number. It is important to note that this optional procedure may only be put in place by communes which have previously established the change of use authorisation procedure for accommodation in accordance with Articles L631-7 et seq. of the Construction and Housing Code.
The Decree establishes that the information exchange can occur no more than three times per year for properties rented out on 30 April, 31 August and 31 December, respectively. The aim is to meet the communes’ needs in terms of monitoring compliance with the applicable regulations for renting out furnished tourist accommodation, taking into account the ability of the rental property intermediaries to meet the requests. First and foremost, the Decree enables communes to check the presence of a registration number for the furnished property on an advertisement hosted by an intermediary. With regard to primary residences, this exchange of information is aimed at checking if the maximum rental term of 120 days is complied with. For other furnished tourist accommodation types, the exchange of information makes it possible to check if the furnished property is rented out in accordance with municipal change-of-use regulations.
The Decree further restates the applicable criminal sanctions in the event of failure to declare a furnished tourist rental in accordance with paragraph II of Article L324-1-2 of the Tourism Code. In actuality, failure to declare a furnished tourism accommodation which is not a primary residence and is located within a commune exempt from the registration obligation is not sanctioned at the legislative level, but is punishable in accordance with Article R324-1-2 of the Tourism Code, with the sanctions applicable to third class infractions.