Furnished Tourist Letting: The Constitutional Council Decision That Changes Things in Paris and Elsewhere

You own a flat in Annemasse or Annecy and are thinking of letting it furnished for tourist stays. A question nags at you: can the town hall forbid me from letting for more than 120 days a year? And if I exceed that, what do I risk? This is exactly the case of a German company, Windu GmbH, which ran up against Parisian regulations. The Constitutional Council, seised by the Court of Cassation, handed down a decision on 31 January 2019 that caused a stir. Unsurprisingly, it validated the provisions of the Code de la construction et de l'habitation (CCH) allowing municipalities to regulate furnished tourist lettings. But what does this mean concretely for you?

The facts: a story like many others

Imagine: Windu GmbH, a company under German law, offers furnished flats for letting in Paris via the Airbnb platform. The City of Paris, faced with a housing shortage, strengthened its legal arsenal. In 2017, it sued Windu, accusing it of publishing advertisements without complying with the prior declaration obligation (Article L. 631-7 of the CCH) and especially of exceeding the 120-day-per-year cap for principal residences. The Paris Tribunal de grande instance, seised, had to decide. But Windu raised a priority question of constitutionality (QPC): do these rules not infringe on freedom to conduct a business and property rights? The tribunal referred the QPC to the Court of Cassation, which sent it to the Constitutional Council. The latter, in its decision No. 18-40.042 of 31 January 2019, validated the scheme. For the Council, the legislature pursued a general interest objective — combating the housing shortage — and the infringements on freedom to conduct a business are proportionate.

The reasoning of the court — explained

The Constitutional Council examined several complaints. First, freedom to conduct a business (Article 4 of the 1789 Declaration of the Rights of Man and of the Citizen). The judges considered that the declaration obligation and the 120-day limit are restrictions justified by the objective of preserving the housing supply. In short, the general interest prevails over the individual interest of the owner to let without limit. Second, the right to property (Article 17 of the Declaration). The magistrates considered that the owner retains enjoyment of his property and can still occupy it or let it on an annual basis. The limitation does not constitute a deprivation of property. Third, the principle of equality before the law (Article 6): the rules apply to all owners of principal residences without arbitrary distinction. This decision confirms previous case law: municipalities may, under certain conditions, regulate tourist lettings. This is a victory for cities like Paris, but also for Annecy or Annemasse, which could draw inspiration from this model.

What this changes for you — concretely

If you are an owner-landlord in Annecy, be aware that the town hall may, by resolution, subject furnished tourist lettings to declaration or authorisation. For example, since 2017, the City of Paris requires a prior declaration for any letting of a principal residence, and a change of use for secondary residences. If you let your flat more than 120 days a year without authorisation, you risk a civil fine of up to €50,000 (Article L. 651-2 of the CCH). For a 30 m² flat in Annecy, let for 200 days at €80 per night, the loss of revenue for the city is substantial, but the risk for you is real: a court summons, damages, and a ban on publishing advertisements. If you are a tenant, you can report an abuse to the town hall. If you are a co-owner, check the co-ownership rules: some clauses prohibit tourist letting. In short, before you start, find out about local regulations.

Four tips to avoid this type of dispute

• Check local regulations: Consult your town hall's website (Annecy, Annemasse, etc.) to see if a declaration or authorisation is mandatory. Some municipalities require a change of use.
• Declare your letting: Even if your town does not yet require it, declare your activity to the town hall and obtain a declaration number. This protects you in case of an inspection.
• Respect the 120-day cap: If you let your principal residence, do not exceed 120 days per year. Keep a booking calendar to prove your good faith.
• Check the co-ownership rules: Before letting, read the rules. Some co-ownerships prohibit short-term furnished lettings. A breach may lead to proceedings by the management company.

Further reading: related case law and developments

The Conseil d'État, in a judgment of 10 June 2020 (No. 436080), clarified that municipalities may impose a change of use for any furnished tourist letting, even for a principal residence, provided the municipality has adopted a resolution to that effect. The Court of Cassation, in a judgment of 25 March 2021 (No. 19-24.426), fined an owner €50,000 for letting his Parisian flat without a declaration. The trend is clear: judges validate local restrictions and toughen penalties. In the future, platforms like Airbnb will have to cooperate more with town halls to transmit lessor data.

Frequently asked questions

Can I let my flat in Annecy on Airbnb without declaring anything?
No, if your municipality has adopted regulations. Since 2023, Annecy requires a prior declaration for any furnished tourist letting, and lettings of principal residences are limited to 120 days per year.

What is the risk of exceeding 120 days?
A civil fine of up to €50,000, a cease-and-desist action, and an obligation to repay rents received improperly. The town hall may also sue you in court.

Does the Constitutional Council's decision apply throughout France?
Yes, in principle. But each municipality must adopt a resolution to apply the rules. Check with your town hall.

Can a tenant sublet his accommodation on Airbnb?
No, without the owner's consent. Subletting is prohibited unless expressly authorised. The tenant risks termination of the lease and damages.

Can I contest a fine from the town hall?
Yes, before the tribunal judiciaire. But chances of success are low if you have violated the regulations. Better to regularise the situation.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →