Seasonal furnished rental, complex legislation, inconsistent, difficult to understand, not allowing a real market regulation / SPLM – Add about:

Seasonal furnished rental, complex legislation, inconsistent, somewhat
understandable, not allowing a real market regulation.

 

The first provisions to the regulation of the market furnished rentals short appeared in the CCH in June 2005.
 

It is clear that 9 years after the market is still not regulated and that the arrival of offshore platforms had a stimulative effect of the new provisions introduced by the law ALUR unable to curb.

  Faced with the inexorable rise of collaborative economy, which allows everyone to become a professional furnished rentals without contribute through taxation to the collective effort, the government has implemented a complex legislation, inconsistent, little bit understandable and effective to regulate the market.

 

Complex legislation:

 

  • How to understand that it is the subject of the lease (rental or not made, in respect of the principal residence of the customer) and not housing renovation work that make it lose its residential use.
  • The change of use without loss of habitability criteria (as in the case of the furnished holiday letting) is regulated in the same way that the transformation of a home office. In the first case the return to residential use is immediate, just change the subject of the lease. In the second case, the return to the dwelling is more complex, is not immediate, and imposes new work.
  • How to understand, it is necessary to use a complex procedure, which is not only suitable for permanent use change (I transform an office in apartment), while my need to make seasonal furnished rental can be only temporary (the time my children to go to college, etc ...).
  • It is illusory to think that a homeowner who has a medium-term project for the apartment engages in a change of use of procedure and change of destination. If he has money, he will leave his empty apartment.

Inconsistent legislation:

 

  • How to understand that it is the subject of the lease (rental or not made, in respect of the principal residence of the customer) and not housing renovation work that make it lose its residential use.
  • The legislation does not eliminate the possibility of having a second home in Paris, but needed to leave empty rather than rent when we do not care, except to turn it into hotel accommodation...
  • How to understand that renting a furnished apartment in a tourist requires an authorization to use change, while transforming a home baking is done without change of use without authorization.
  • How to understand that the change of use under the tourist furnished rental requires a change of destination if "furnished accommodation rented that do not fall under Article L.632-1 of the Code of Construction and housing ", but does not impose a change of destination if" housing available occasionally in the absence of limited duration of the occupants in security ".

Donc :

 

  • If I own a second home and I want the rent to tourists the months when I'm not there, I have to make a change of destination and a change of use. My apartment is hotel accommodation, because it is the only destination I ask...
  • How to understand, that I can rent an empty apartment as a second home, but I could not rent the same apartment is furnished.
  • How to understand, that if I go in expatriation for 2 years, I can not rent my apartment furnished for my 2 years of absence except to establish residence there my tenant or to a change of use, which is practice unfeasible.
  • How to understand, that I can rent my primary residence for 4 months, then by definition I'm only 5 weeks of leave, as if I have a second home, by definition empty part of the year, I can not the rent not even one week.
  • How to understand that if I rent a furnished apartment in a student for nine months, I have no right to rent it to a tourist the remaining 3 months and must remain empty.

Incomprehensible legislation :

 

  • The complexity and inconsistency of legislation make it incomprehensible to the general public. This observation is made for years without that information campaigns regulators not change anything.

A little effective legislation to regulate the market :

 

  • In 2011, the Apur estimated the number of furnished rentals short to 20,000 homes. Three years later, because of the explosion of internet platforms offshore, recent estimates are 30,000 or 40,000 units.
  • Over the same period the number of apartments managed by members of the SPLM remained perfectly stable at about 4,000 housing.
  • Before the law ALUR the offense consists of a single furnished apartment short.

Today the offense is more complex because it may be of a different nature :

 

- If housing is not the primary residence of the policyholder, the offense is made "
rent a furnished room for the housing repeatedly for short
durations transient guests who was not home is a change
use within the meaning of this Article. »

 

  • The accumulation of criteria makes it more precise and therefore more restrictive definition. However, it offers new possibilities of contestation.

- If the property is the principal residence of the lessor, the offense is the hiring
over 4 months or declaring his faux residence apartment.

 

  • In this case of this offense, the control becomes difficult as how to account respect for 120 days or how to prove that this is not the main residence of the lessor.
  • To make its opinions the administration must consider the condominium regulations. These, the drafting date for most of 1950 and 1960 are, on the subject of the furnished rental, or dumb, or authorizes or ambiguous. It is a source of endless conflict.
  • The legislation requires that day two cumulative conditions for a furnished rental is possible in an apartment without changing its use: (1) whether made under the principal residence of the policyholder and (2) that the contract hire or one year. In doing so we introduce complexity and ability to bypass the law :

 

  • Under the complexity: The law requires a minimum duration for the lease (and not for the stay). The lease and the length of stay can not be mistaken. Indeed, Article 632. L-1 CHC explicitly provides that a tenant of a furnished apartment can «terminate the agreement at any time subject to a notice period of one month ».

 

  • Under the ability to bypass the law : As could write Professor
    Monéger, Director of the Institute of Law University of Dauphine : « Is it enough to rent, on paper, as a principal residence for one year to fulfill the obligation of leasable police? Some would say that the evasion of law is obvious. No doubt, but he will have the prosecutor proves it. The assertion is not sufficient » (Rents and condominium - Monthly Review JurisClasseur - October 2012).

In conclusion :

 

  • If no one is supposed to know the law, yet he will have it is clear and easy to understand. This is clearly not the case of furnished rentals.
  • The forces, linked to the development of the collaborative economy, pushing the market for furnished rentals short in its development, is now greater than the capacity of the regulator to control.
  • If the repressive arsenal seems therefore remains the subject of much criticism that could allow the Supreme Court to challenge the principle of self-referred that now enables confiscatory sentences without the possibility of a debate before the judges the bottom.
Given this situation, the SPLM moved to the City of Paris, the establishment of a working group to develop an agreement between the city and professionals for more effective regulation by the establishment of a treasury by the profession. This will make it easier for the regulator to control some Signatory of the agreement that some 40,000 housing that would be illegal.

 

Alain Cartraud
Absolu Travel - Deputy Chairman of the SPLM