For several years, the tension on the rental market has been getting worse in some French cities. The meteoric rise in short-term tourist rentals, facilitated by digital platforms, has contributed to the scarcity of housing for primary residences. Faced with this situation, parliamentary initiatives have multiplied. It is in this context that Law No. 2024-1039 of 19 November 2024, known as the Le Meur Law, was adopted, aimed at strengthening the tools for regulating furnished tourist accommodation at the local level.

This text marks a turning point in the way tourist rentals are regulated in France. It acts on several levels: taxation, energy performance, powers of mayors and co-ownership. The objective is clear, to encourage owners to re-rent long-term housing that has been permanently captured by passing tourism.

A halt to the "Airbnb" tax loophole

This is the first flagship measure, the overhaul of the tax regime for furnished tourist accommodation from 2025 income, the ceilings of the micro-BIC regime are significantly lowered. For classified furnished accommodation or guest rooms, the threshold increases from €188,700 to €77,700, with an allowance reduced from 71% to 50%. And for unclassified furnished apartments, the drop is also marked: the income threshold to benefit from this regime has been raised to €15,000 and its reduced allowance has been reduced from 50% to 30%.

Here is a comparison of the impact of this new tax reform:

NB: Concerning the actual regime allowing the deduction of expenses for non-professional furnished rentals, it has only been reintegrated into accounting depreciation in the calculation of capital gain. Find more information on this subject in the article on this subject.

• https://www.wealth-a7.com/fr/actualites/reintegration-comptable-et-fiscalite-des-plus-values-en-lmnp-tout-ce-que-vous-devez-savoir-sur-l-evolution-de-ce-regime-fiscal-avantageux-/

The DPE becomes essential

Another change is the extension of the obligation of the Energy Performance Diagnosis (DPE) to furnished tourist accommodation, which was previously exempt. From now on, all housing offered for tourist rental in tense areas will have to have a DPE at least classified F by 2025, then classified E in 2028 and finally classified D by 2034. However, rest assured if your property is already rented, a period of ten years is granted to owners to comply.

More marked administrative constraints:

From now on, registration at the town hall becomes mandatory for all furnished tourist rentals. Until now, only large cities could require prior authorization for the change of use of furnished tourist accommodation. From now on, all municipalities can set up this scheme. This registration system will allow municipalities to better monitor the evolution of the rental stock and to request supporting documents such as the DPE or fire safety documents, under penalty of a fine that can range from €5,000 to €20,000 in the event of a false declaration.

To go further: From 2025, mayors will also be able to limit the rental of a main residence to tourists to 90 days per year, compared to 120 days currently. In the event of exceedance, a civil fine of €15,000 is provided.

Condominiums regain a level of regulation

The last lever, often forgotten, yet essential: that of the co-ownership regulations. Until now, prohibiting furnished tourist rentals in a building required the unanimity of the co-owners. From then on, a two-third majority was sufficient to amend existing regulations, if they contained a "bourgeois habitation" clause. As for the new co-ownership regulations, they will have to make a clear decision on whether this type of rental is authorized.

With the Le Meur law, the tourist rental model is entering an era of reinforced regulation. Taxation, energy performance, local legal framework, supervision by condominiums... The field of possibilities for investors is narrowing. Far from abolishing furnished tourist rentals, this law now imposes a more balanced framework, where local authorities can control the evolution of the rental stock.

For owners and investors, it is the right time to reassess their rental strategy, anticipate future constraints and potentially reorganize their assets considering the new rules of the game. So don't wait any longer and call on experts in the field by contacting the members of the Finankap Group firm!

In a changing world, Finankap Group is here to bring your desires to life.