“ This obligation, added to the notarial deed by specific clauses, imposes on the purchaser to occupy the property eight months a yearwith exceptions for professional reasons or force majeure, under penalty of a fine of up to 15,000 euros, or even forced resale”, continues the lawyer. The measure appeals to elected officials in the face of the explosion of tourist rentals and the difficulty finding accessible accommodation for a teacher in Annecy, a waiter in Biarritz or a caregiver in Bonifacio. According to the Association of Mayors of France, more than 150 municipalities have already voted for the principle of such an easement. And the movement is accelerating. But for buyers and wealth investors alike, it’s a cold shower.
From the Basque Country to Savoy, servitude is essential
The precursors are called Saint‑Martin‑de‑Ré, Biarritz, Hossegor and even Annecy. There, the easement of main residence is imposed in certain new neighborhoods or during land divisions. As in Chamonix and Les Gets where promoters of new programs must reserve until 50% of housing for primary residence use.
The Breton coast follows suit with Quiberon and Carantec, while Bonifacio, Porto-Vecchio and several Corsican municipalities are preparing the modification of their PLU. Everywhere, mayors invoke the urgency of preserving local life in territories won by speculation Airbnb. Namely: property is primarily used for housing, not for investing capital.
A risky turning point for the markets
This measure changes the rules of the real estate game. The acts of sale in these areas include a compulsory use of accommodation clause as a main residence, with the impossibility for lessors to put their property on seasonal market. Many individuals give up buying in these municipalities, considering the conditions of occupation impossible and fearing a drop in resale value.
In the sectors concerned, this compulsory use clause already weighs on the sale value with a loss of up to 20% of prices property subject to servitude, due to lack of buyers. Agencies are seeing withdrawals and even appeals. But for some elected officials, the bet is accepted: it is better to have inhabited housing than closed windows ten months out of twelve. One thing is certain, this clause results in a forced sobriety treatment of the secondary market.
Which areas are affected?
“ This easement can be established in urban areas (U) and to be urbanized (AU) of municipalities where the rate of second homes exceeds 20% or in areas eligible for the tax on vacant housing. », Specifies the lawyer. In these areas, sales and lease contracts must specify this obligation under penalty of nullity.
In the event of non-compliance, offenders are exposed to sanctions, including a daily penalty of up to €1,000. Also pay attention to reversibility operations : “ Since the Le Meurt law, a new law, the Daubié law, has extended this easement of main residence to buildings which are transformed from offices into housing For example “. Here again, vigilance is required.
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