Airbnb rental soon prohibited in your building? What the new law says

While the season of general condominium assemblies is in full swing, resolutions aim to prohibit the rental of furnished tourism. Under what conditions is it possible since the “anti-aiirbnb” law of November 2024? The response of Romain Rossi-Landi, lawyer, in the program Le Grand Rendez-vous de l’Emalovences (Capital/Radio Immo).

Capital video: Can my Copro prohibit airbnb rental?

• 
  

  To safeguard
  

  
  
  

  Saved
  

Owner lessor in Issy-les-Moulineaux (Hauts-de-Seine), Michel is very bored. On the agenda of the next general meeting of his condominium is a resolution aimed at Prohibit the rental of furnished tourism furnishings. However, it is precisely via the Airbnb platform that Michel rents his two-room apartment, the furnished tourist rental seeming to him safer and profitable than long-term rental. “Can the condominium really prohibit seasonal rental?”he is worried about the program Le Grand Rendez-vous de l’Emal estate (Capital/Radio Immo).

The so-called anti-aiirbnb law of November 19, 2024, still nicknamed the law, named after the deputy who brought it, “In fact, provides for the possibility of modifying the co -ownership regulations to prohibit the rental of furnished tourism, if at least the majority of two thirds of the co -owners is favorable to this provision ”indicates Romain Rossi-Landi, lawyer in Paris. Before the law, the murder, the unanimity of the co -owners was required to prohibit seasonal rental. “It was therefore enough that a single co -owner praising in Airbnb opposes it so that this prohibition is not implemented”underlines the lawyer.

Real estate credit: in this bank, more insurance surprise after male cancer

The limits of the anti-airbnb law in co-ownership

Two -thirds majority voting is however “Possible that in condominiums where there is a Exclusive bourgeois housing clausethat is to say where there is only housing and no trade ”Master Master Rossi Landi. Gold, “In Paris, for example, in many buildings, there are shops on the ground floor. In these condominiums, unanimity therefore remains necessary to vote for the rental of tourist furnishings ”he underlines. Unanimity which, still on the basis of the law, is necessary to prohibit seasonal rental if the accommodation in question constitute the main residence co -owners, not their secondary residence.

This is why Romain Rossi-Landi judges “Finally, that the law does not represent such a significant advance that it in co -ownership”. The fact remains by virtue of this law, “THE new buildings put in condominiums must decide on the prohibition, or not, of the rental of furniture of tourism ”he recalls. And the lawyer to warn against seasonal rental prohibition resolutions put on the menu of general meetings “Without the use, mixed or housing exclusively, having been verified”seeing “of the Litigation risks»».

Our experts – real estate agents, notaries, lawyers – answer you

Are you an owner, buyer, seller still investor and do you also have a legal, tax or practical question? Do not hesitate to connect to the Facebook group Le Proprios club To ask your questions. The 14,000 members of this group, created and managed by capital, will be happy to deliver their feedback. In a second step, we will also try to bring back your questions to submit them to our experts who will answer them in the next issues of the “Great Rendezencies”.