Tourist rentals: the court of cassation validates the rules imposed by the Paris town hall
The court of cassation validated the regulations of the city of Paris on short-term rentals on February 18, 2021. AFP - ERIC FEFERBERG
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The court of cassation validated, Thursday, February 18, the regulations put in place by the French capital for short-term rentals, in particular via Airbnb-type platforms.
Hundreds of proceedings against offending owners, who were suspended from this decision, will be able to resume.
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Through five judgments, the court of cassation ruled that the regulations adopted by the city of Paris to regulate short-term tourist rentals are in accordance with European law, proportionate but also justified, as argued by the municipality, by the need to fight against the shortage of housing intended for conventional rental in the capital.
Concretely, any person who wishes to rent a furnished apartment to a passing clientele for a period of less than one year must therefore proceed to a “
change of use
” of their accommodation.
An approach itself subject to prior authorization from the town hall.
The court also validated a more restrictive device, known as “compensation”, in the event that it is a second home which is put up for rent.
The owner is then obliged to buy a commercial premises of an area at least equivalent to the residence in question, to transform it into a dwelling, in order to compensate for the “
loss of accommodation
”.
21 million euros in potential fines
This decision was greeted by the deputy housing of the mayor of Paris as a "
total victory against Airbnb and fraudsters who rented their accommodation illegally
".
This judgment will allow the capital to resume legal proceedings against 420 donors, from which it is claiming 50,000 euros on average, or up to 21 million euros in potential fines in total.
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To read also: Airbnb: new showdown with the Paris town hall
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