« Madam Minister, the account is not there! Dear Mayors, be pragmatic and fair! »
Said housing law « ALUR » was finally adopted by Parliament on 20 February. This new law resulted in a text that, on the subject of temporary furnished rental, does not - enough - the realities of « field ».
Now everyone has to take responsibility: Government to better regulate the market, the authorities to ensure a balanced application of the new law, actors, professionals and Internet platforms and tenants to comply with regulations.
Madam - news - Minister, the account is not there!
There is a major risk of loss of small businesses to French services to offshore Internet portals !
The activity of the furnished apartment is now managed by a network of small local service companies, sources of thousands of jobs can not be outsourced.
While the President of the Republic and Prime Minister themselves state that letourisme is a « great national cause », the application of the law ALUR risk:
- remove many Parisian and French SMEs can not be relocated,
- for the benefit of internet portals offshore booking, promoting de facto undeclared locations, unprofessional and unframed.
At the start of discussions on ALUR law, the California company AIR BnB marketed in Paris about 10,000 apartments. Voting day of the law, it sells more than 21 000. Booking.com company had fewer than 100. Today it offers over 1000.
Conversely, the portfolio of 40 French companies SPLM members remained stable with 4000 apartments. These 4,000 apartments are managed daily by 400 employees, while 21,000 apartments in AIR BnB generate less than 15.
Moreover, the law does not submit these foreign companies to the same constraints as
Parisian TPE thus distorting competition between « small » and « large ».
The risk is to see foreign companies become monopoly to the detriment of French companies, and see temporary furnished rentals do unofficially, unreported and taxable.
However, the housing problem will not be solved: access to housing will not be favored and the public interest will not be preserved.
The SPLM, which represents all these can not be relocated French SMEs, calls on the new Government and Parliament to take quick and effective measures for the survival of French businesses and local jobs by supervising the activities of offshore platforms and portals that everyone sees the same rules applying Hoguet law to all market players in the furnished rental short.
Distinguished - new - Mayors, be pragmatic and fair !
The ALUR law gives municipalities an indispensable power for the regulation of furnished rentals. The new municipalities will have in the coming months, vote a new law adapted to both the ALUR law and their specific situation.
The SPLM is listening and arrangement of new municipalities to build together the provisions for better regulation of the furnished apartment short term so that the cure is not worse than the disease.
Paradoxically, the new law, in sanctuarisant primary residence of the owner or tenant, will make it much more diffuse and difficult to control this type of rental
Everyone, without authorization from the owner if tenant may rent his apartment
tourists 4 months a year, with no practicable to control that time or if it really is a true primary residence.
In other words, instead of having one rented apartment 10 to 12 months a year ago tomorrow 3 apartments rented - at best - 4 months per year.
How to control since the law ringfenced principal residence? How
verify that the owner / tenant rents well four months, not 6 or 8 months a year?
How to be sure that it is a primary residence well?
On the right-and-now, a professional recommendation should be advanced : not unreasonably restrict furnished rentals short term by allowing more free rental of « dismount.» First second home) is a de facto housing and should therefore be exempt from change of use.
By allowing the first second home, we keep some of the apartments park professionally managed avoids these units remain empty in the absence of the owner and limits the development of an underground market made by individuals to invent false primary residences.
However, to guide the furnished short-term rental in second homes, the SPLM recommends limiting this exemption scheme for change of use to 8 months in the year for the 1st second home, relying on professionals who have signed a code of ethics and a commitment tranquility.
Finally, the Constitutional Council, in its wisdom, repealed abuse of rights that was authorized by the general meeting of owners for furnished rentals short term, under the law ALUR.
While calling the new municipalities, especially that of Paris, not to replace the provision repealed by measures unfairly restricting furnished rentals, professional meeting within the SPLM are willing to expand their code of ethics and professional conduct as well as their peace charter on all relevant jurisdictions to combine the best respect of property rights and the rights of the condominium.
In conclusion and as an illustration of this connection, a personally experienced yesterday: coffee, 3 people talking together. One of them rent their apartment, said she rented it on a portal without permission of the owner, without any risk.
The other, finding great idea took practical information in order to do it too ....
This innocuous anecdote demonstrates that regulations with more constraints, poorly
tailored to the needs, always generates more perverse and workarounds. Only a rational and applicable regulation, made with and for all players, will satisfy everyone's requirements.
Chairman of the SPLM