French ELAN Regulation (Évolution du Logement, de l’Aménagement et du Numérique)

The recent regulations stemming from France's Évolution du Logement, de l’Aménagement et du Numérique (ELAN) law, alongside updated property declaration rules, bring several significant changes for property owners and landlords in France.

At Holidu we have the Obligations to inform all our hosts affected by any new regulation or any update.

Among the new changes outlined in Article L. 324-2-1 of French law, we must inform you of your obligations to accept a sworn declaration before publishing or listing a rental announcement online. This declaration confirms the lessor's compliance with the regulations, including whether the accommodation constitutes their primary residence according to Article 2 of Law No. 89-462 of July 6, 1989.

Furthermore, if any accommodation you intend to rent falls under the jurisdiction of municipalities implementing the registration procedure specified in Article L. 324-1-1(III), we may be required to publish the declaration number in any advertisement related to the furnished tourist accommodation.

Rest assured that all information provided will be handled with the utmost confidentiality and used solely for compliance purposes in accordance with the law.

If you already have a published property  you will be asked to accept the following declaration before you can access your account. This step is mandatory to continue using Holidu.

You can find the overview of the regulations below. Please be aware that the summary of Articles L. 324-1-1 and L 631-7 is not exhaustive, is a simplified introduction to the regulations and that Holidu Hosts GmbH does not guarantee its completeness and correctness.

Regulations for Furnished Tourist Accommodations(article L. 324-1-1):

• Definition: Furnished tourist accommodations include but is not limited to villas, apartments, or furnished studios rented to transient guests for short-term stays (daily, weekly, or monthly), without establishing domicile.
• Declaration: Lessors must declare furnished tourist accommodations to the local mayor, except if the property is their primary residence. In certain areas, local authorities may require a declaration even if the property is the lessor's primary residence.
• Rental Limit: In areas with registration requirements, a lessor can rent out their primary residence as a furnished tourist accommodation for a maximum of 90 or 120 days per year, depending on the regulations in his commune, except for specific circumstances like work obligations, health issues, or emergencies.
• Authorization for Commercial Premises: Some municipalities may require authorization for renting commercial premises as furnished tourist accommodations.
• Penalties: Failure to comply with these regulations may result in civil fines: up to €5,000 for non-compliance with declaration requirements, up to €10,000 for exceeding rental limits, and up to €25,000 for non-compliance with commercial premises authorization.

Regulations for Change of Use of Residential Premises (articles L. 631-7) :

• Authorization Requirement: Changing the use of residential premises requires prior authorization in municipalities with more than 200,000 inhabitants and in the departments of Hauts-de-Seine, Seine-Saint-Denis, and Val-de-Marne, as determined by Article L. 631-7-1.
• Definition of Residential Premises: Residential premises include all categories of housing and their annexes established as residential since January 1, 1970.
• Determining Residential Use: A premise is considered residential if it was designated for such use as of January 1, 1970. Premises built or undergoing works resulting in a change of use after January 1, 1970, are deemed to have the use for which the construction or works are authorized.
• Exception: If an administrative authorization subject to compensation was granted after January 1, 1970, to change the use of a premise, the authorized premise and the premise used for compensation are deemed to have the use resulting from the authorization.
• Nullity of Agreements: Any agreements or conventions in violation of these regulations are null and void.
• Short-Term Rental: Renting out furnished residential premises repeatedly for short durations to transient guests who do not establish domicile constitutes a change of use.