Short-term accommodation rental services and intermediary services for the letting of furnished holiday accommodation, in particular via digital platforms.

Draft Decree on the Registration of Furnished Tourist Apartments and the Processing of Associated Personal Data

The draft decree ensures the implementation of the national registration procedure for tourist furnished accommodation provided for in Article 1 of Law No 2024-1039 of 19 November 2024 on strengthening local tools for regulating tourist furnished accommodation, in conjunction with Regulation (EU) 2024/1028 of 11 April 2024 on the collection and sharing of data relating to short-term accommodation rental services.

It replaces Article D. 324-1-1 of the Tourism Code in order to specify the information and supporting documents required to form part of the declaration dossier submitted for registration, which is carried out via a national online service. This information relates in particular to the identity and contact details of the lettings agent, the capacity in which they hold the property, the address and status of the holiday let, the property’s tax identification number, any authorisations that may be required in respect of a change of use or under Article L. 324-1-1(IV bis) of the Tourism Code, as well as the accommodation capacity of the holiday let. Certain information, such as the number of rooms, the classification level or accessibility for persons with disabilities, may be declared on a voluntary basis.
The draft specifies the information and supporting documents which must be produced before the registration number can be issued. The online service immediately issues an electronic acknowledgement of receipt, including a declaration number – also known as a registration number – provided the application contains the necessary information. The issuing of the number shall be without prejudice to the obligation to transmit any other information or documentation required, with the exception of optional information. The registration number is composed of 15 characters, divided into five groups comprising, inter alia, the national prefix ‘FRA’, the official geographical code of the municipality, the last two digits of the year of filing, a sequence of characters assigned by the single public body and a control key.
The draft lays down detailed rules for updating the declaration. In principle, any changes to the information or supporting documents provided must be updated via the online service. Certain changes, relating in particular to the address of the furnished property, its status or the capacity in which the landlord holds the property, require a new declaration to be made. The bill sets the renewal period for the declaration at five years and stipulates that a letting agent who ceases to offer a furnished holiday let for rent must apply for the corresponding registration number to be cancelled. It also provides for the list of valid registration numbers – drawn up by local authority and regularly updated – to be made available to the public free of charge in electronic form. This list does not include any other information relating to landlords or properties.
The project also establishes a personal data processing system known as the ‘national online registration service for furnished holiday accommodation’, designed to facilitate the implementation of this national registration procedure. It sets out the purposes of this processing, the data controller, the categories of data, information and documents that may be recorded, the persons authorised to access them, the retention periods, the logging of operations and the procedures for data subjects to exercise their rights. The competent municipalities and public establishments for inter-municipal cooperation shall have access to the information and documents necessary for monitoring compliance with the rules applicable to furnished tourist accommodation and for conducting a public tourism and housing policy. The Corsican local authority also has access to information and documents to help it implement public policy on tourism and housing