Is Airbnb legal in Nice?

Airbnb Regulations in Nice, France

Nice, a vibrant city on the French Riviera, attracts millions of tourists each year, fueling a robust short-term rental market via platforms like Airbnb. However, the city has instituted strict regulations to manage this industry while addressing residents' concerns regarding housing availability and quality of life.

Key Regulations

1. Registration Requirements:

   • All short-term rental hosts in Nice must register their properties with local authorities.
   • Hosts are required to display their registration number on all online listing platforms including Airbnb and Vrbo. Failure to comply can lead to substantial fines.

2. Primary vs. Secondary Residences:

   • Primary Residences: If the host's primary residence is rented out, it is allowed for a maximum of 120 nights per year, as long as the host occupies the home for at least eight months annually.
   • Secondary Residences: Stricter rules apply. Hosts must obtain commercial zoning authorization to rent out secondary homes, which is valid for up to six years and is not automatically renewable. Additionally, there are compensatory requirements if the rental exceeds this period or if the owner seeks to rent out multiple properties.

3. Co-Ownership Regulations:

   • Properties within co-owned buildings are subject to additional rules laid out by their homeowners’ associations, which can impose further restrictions or outright bans on short-term rentals.

4. Rental Arbitrage:

   • Subletting rented properties (rental arbitrage) is permitted with the landlord's written consent, provided the rental income does not exceed the rent being paid. However, this practice is not allowed in social housing.

5. Noise and Good Neighbor Policies:

   • Hosts are responsible for ensuring their guests comply with noise regulations and for informing them about local etiquette to avoid disturbances. Violations can lead to complaints and fines.

Tax Obligations

• Tourist Tax: All hosts must collect and remit a tourist tax (taxe de séjour) based on the number of guests and the nights stayed. Platforms like Airbnb facilitate this process.
• Income Reporting: Airbnb hosts are required to declare rental income for taxation. Airbnb also reports this income to French authorities, assisting in compliance.

Recent Developments

As of July 2024, the city has adjusted regulations for secondary residences, limiting temporary authorizations to one year, which emphasizes a more hands-on approach to managing short-term rentals and mitigating potential nuisances caused by tourists.

Overall, while Nice presents lucrative opportunities for Airbnb hosts due to its tourism appeal, compliance with local regulations is paramount to avoid penalties and ensure a smooth operation in this competitive market.