This educational document aims to present the new regulations for furnished rentals short due to come into force during 2014. Recalling the main axes of the new law, this transitional document will be followed by a second document 2nd half of 2014 which will clarify precisely the new final rule that will apply to your community.
On 20 February, the Parliament adopted the law ALUR. It aims to further regulate furnished rentals short. However, the law is still applicable today. It should not be before the second half of 2014. In order to be effective, the law requires ALUR: - administrative implementing regulations that are not published to date; - New laws that will be voted best that from September 2014 the ALUR law allowing municipalities a strong authority over their territory. However, in the present circumstances, the SPLM wished you a brief review of the changes proposed by the new law to be adopted or not by municipalities.
1. Why ALUR law she relates to the furnished short-term rental?
- The new law wants to further clarify the regulatory framework for furnished rentals short. The spirit of the law is to provide each town a "toolbox" for having regulations tailored to its specific problems.
2. What will change for the owner?
- Rental of tourist homes will now be defined as « the act of renting a furnished room for the house repeatedly for short periods to transient guests who do not elect domicile».
- Under the new law, this type of leasing is now a « change of use» of the house.
- Under this change in use, the owner who wants to rent his property will necessarily get at the town hall or, where appropriate, consolidation of municipalities (EPCI)
- an authorization to use without compensation housing change;
- or a housing change of use authorization with compensation through the purchase of merchantability ;
- or, and this is new, temporary clearance to an individual to rent for short periods of premises for residential customers are electing to not home. In the latter case, the « destination » of housing will not change: there will be no change of use and no purchase of commerciality.
- The City Council will determine the conditions for issuing temporary use or change permissions, after notice, to Paris, Lyon and Marseille, the borough mayors.
- A prior declaration in town hall will not be mandatory for renting a residence: it will be for all the others.
3. Who will be affected by changes in the law ALUR ?
- Will be concerned primarily homeowners with one or more properties in Paris and in cities of over 200,000 inhabitants, plus the towns in the inner suburbs of Ile de France.
- The main residence is not affected by this change of use. Paradoxically, the new law, in sanctuarisant primary residence of the owner or tenant, will favor the explosion of the furnished holiday letting. And controls will be particularly difficult to perform for the public authorities.
4. An owner who has only one secondary residence will he concerned ?
- All second homes of the municipalities will be affected by the law.
- Regarding secondary residences in Paris, the City Council will be able to choose the plan that suits them: change of use (as before), new system of temporary authorization, another device ...
- The objective of the SPLM is to get to the future Mayor of Paris treatment of the first secondary residence aligned to the main residence.
5. What this will change for ad sites or professionals?
Anyone who assists against remuneration, for an activity or through the provision of a digital platform for the renting of accommodation will be obliged to inform the landlord of the obligations of reporting or authorization pre planned and get him, prior to the renting of the property, an affidavit attesting compliance with these obligations.
6. What will the power of the General Assembly of owners ?
- The General Assembly of owners shall have no power, no decision or consultation on the subject of furnished rentals. The Constitutional Council has in fact repealed the measure of ALUR law on this issue, adopting the same position that the SPLM had argued during every parliamentary debates.
- Only the condominium regulations may rule on the subject of furnished rentals.
7. What are the elements to be defined ?
The criteria for temporary housing still to be defined by the decree of application and by-laws. They notably concern: the duration of the lease, the physical characteristics of local and location depending on the housing market. These criteria may be modulated depending on the number of permits granted to one owner.
And now ?
The new regulations concerning the furnished short-term rental is neither applicable nor static. It requires exchanges or negotiations with the government and with each municipality. This is what the SPLM will seek in the coming months to maintain this activity for the benefit of all: tenants, owners, professionals, actors, and especially development and attractiveness of France.