The Constitutional Council validates the possibility, for certain co-ownerships meeting specific criteria, of prohibiting rentals of furnished tourist accommodation, a measure provided for by the Le Meur law of 2024.
THE Constitutional Council validated the provision resulting from the Le Meur law of November 2024 authorizing certain co-ownerships to prohibit rentals of furnished tourist accommodation within their second homes. A decision which reinforces a framework adopted in a context of tensions on the rental marketwhile strictly specifying its scope and conditions of implementation.
A legal framework to regulate furnished tourist accommodation
L’ban on rental of furnished tourist accommodationafter approval by two thirds of the co-owners, is part of the framework of the Le Meur law of November 2024which regulates short-term rentals offered via platforms like Airbnb, Home Or Booking.com. However, this measure can only be applied in co-ownerships with a so-called “bourgeois housing” clausereserving the housing for strictly residential use.
Attacks deemed disproportionate and consistent with the general interest
The Constitutional Council had been seized of a priority question of constitutionality (QPC) by an owner of several homes in Caen, who contested the deliberation of the general meeting of co-owners of his building prohibiting the rental of furnished tourist accommodation for second homes. The applicant contested a infringement of property rights and freedom of enterpriseconsidering that the restrictions imposed were disproportionate with regard to the objectives pursued, in particular the regulation of tourist rentals and the fight against the housing shortage.
The Sages ultimately rejected these arguments. According to their analysis, the measure does not infringe on property rights, insofar as it only concerns second homes and applies in buildings whose regulations already exclude any commercial activity. Likewise, the infringement of the freedom to undertake is considered uncharacteristic, the law not prohibiting rental in other forms, in particular long-term. Furthermore, the co-owners retain the possibility of reversing this ban by a vote at a general meeting, according to the same terms.
The Council also underlined that this system meets a clearly identified general interest objective: limit the nuisances linked to the development of short-term rentals in co-ownership and contribute to alleviate the shortage of housing available for year-round rental. A decision which reinforces theprogressive supervision of the furnished tourist marketat the heart of recurring debates onbalance between residential use and rental activity.
The progressive regulation of the furnished tourist market remains at the center of recurring debates on the balance between residential use and rental activities. © Freepik
