In co-ownership, short-term rental is far from being an automatic right. The applicable framework depends primarily on the co-ownership regulations, which determine the destination of the building and the authorized uses. When it provides for an exclusive bourgeois housing clause, furnished tourist rental may be called into question, particularly if it resembles a commercial activity or generates repeated nuisances.
Conversely, a single or mixed habitation clause generally leaves more freedom to the co-owner. Contrary to popular belief, co-ownership cannot, however, prohibit this type of rental in principle. Any restriction must be based either on an existing clause in the regulations, or on a court decision based on an abnormal neighborhood disturbance. The judges then assess the situation on a case-by-case basis, taking into account the frequency of rentals, the behavior of the occupants and the impact on the tranquility of the building. Recent case law thus recalls that the qualification depends less on the principle of rental than on its concrete effects on the life of the building.
Administrative obligations distinct from co-ownership
In addition to these internal rules, there are administrative obligations which are imposed independently of the co-ownership. In municipalities with more than 200,000 inhabitants and in so-called tense areas, a declaration to the town hall is obligatory, including for a main residence, the rental period of which is capped at 120 days per year. For a second home, a change of use authorization may be required, sometimes accompanied by a compensation mechanism, making the operation more complex and more expensive.
However, certain procedures often mentioned are not obligatory. Informing the trustee or obtaining the prior agreement of the general meeting is not required, unless specifically provided for in the co-ownership regulations.
This freedom does not exempt the owner from all responsibility: in the event of repeated nuisance or non-respect of the common areas, the co-ownership can take legal action, not against the rental itself, but against its consequences.
Short-term rental in co-ownership is thus based on a delicate balance between property rights and respect for the purpose of the building. Before getting started, a careful reading of the co-ownership regulations and a check of the local rules are essential. Otherwise, this additional income can quickly become a source of lengthy and costly litigation.
>> Our service – Estimate the price of a property (immediate, free and without obligation)
