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Impact of housing laws  The consequences of housing laws have led individuals to explore the possibility of renting out their properties on various online platforms. The result is a flourishing dynamic of supply and demand, which benefits rental companies and attracts customers. However, concerns have arisen over the impact of this peer-to-peer rental system on tourism professionals, particularly in major cities in France, and its potential to limit accommodation options for local residents. The Secretary of State for Housing , Julien Denormandie, has looked into this  question  .

Impact on tourism professionals and the availability of accommodation: –

It is likely that this system between individuals will harm tourism professionals, leading to the introduction of more severe financial penalties for both individuals and rental platforms. Beyond a certain period, individuals are required to register as professional rental companies of furnished tourist accommodation, which involves fulfilling social and tax obligations and dealing with the associated constraints. However, these obligations have not been consistently met, as platforms like Airbnb, for example, have not bothered to enforce the limit of 120 rental days per year per property, aimed at maximizing opportunities for rental.

Obligations for individuals and platforms: –

As a result, financial sanctions will be reinforced for both donors and intermediary platforms. Article 51 of the housing law establishes the obligation for landlords to send the municipality, on request, the breakdown of nights rented during the year. It also strengthens civil fines, increasing them from 5,000 euros to 10,000 euros for lessors who do not meet their obligations. Additionally, new civil fines ranging from €10,000 to €50,000 are being introduced for previously unsanctioned platforms. Therefore, if a complaint is filed by the town hall or the trustee of the building, the lessor can incur a fine of 10,000 euros, while the hosting platform could be liable for fines of up to 50,000. euros.

This update serves as a reminder of the evolving legal landscape surrounding the rental of property between individuals. It highlights the importance of regulatory compliance and the potential financial consequences for both individuals and platforms. Platform owners and operators are advised to familiarize themselves with applicable laws and ensure compliance with established limits and obligations. By doing so, they can avoid the risk of large fines and help maintain a balanced and sustainable rental market  .

DAMY Law Firm