What constitutes a primary residence according to Airbnb Marseille regulations?
When it comes to short-term rentals in Marseille , it's crucial to understand what the law considers a primary residence. This definition has significant implications for Airbnb regulations in Marseille. "A primary residence is the dwelling you occupy for at least eight months a year. This definition is essential because it determines the rules applicable to your Airbnb rental in Marseille."Rental rights for owners
If you own your primary residence in Marseille, you have the right to rent it out on Airbnb without prior authorization, apart from the mandatory registration with the town hall. However, make sure that your building's bylaws do not prohibit it.
Special case of tenants
For tenants wishing to sublet their main residence on Airbnb in Marseille, additional rules apply:
- Obligation to obtain the owner's agreement
- The sublet rent cannot exceed the rent paid to the owner.
- Prohibition on subletting social housing
Airbnb regulations in Marseille: primary residences
1 - Limit of 120 days per year
In Marseille, as in the rest of France, if you rent out your primary residence on Airbnb, you are limited to 120 days per year. This rule aims to ensure that housing remains available for permanent residents. Indeed, the housing market is in crisis across France, and Marseille is no exception. This regulation aims to reduce housing shortages and help locals find accommodation.
2 - Registration procedure at the town hall
Before you start renting out your primary residence, you must register with the Marseille town hall. This process allows you to obtain a registration number, which must be included in your Airbnb listing. This helps the administration prevent fraud and maintain a quota for short-term rentals in Marseille.Airbnb regulations in Marseille: secondary residences
1 - Authorization for change of use
To rent out a second home, it is often necessary to obtain a change-of-use permit from the local town hall. This procedure is mandatory to convert a property into furnished tourist accommodation.2 - 8-month rental limit
In Marseille, renting out a second home is generally limited to 8 months per year. This restriction aims to prevent a shortage of available housing for permanent residents.3 - The obligation to declare the dwelling to the town hall
To comply with the new Airbnb regulations in Marseille, you are required to declare your secondary residence to your local town hall. To do so, complete a prior declaration thanks to CERFA form N°14004*03 for furnished tourist accommodation. Furnished tourist accommodation is a furnished dwelling rented for short periods to transient clients by the day, week or month.
Read the Airbnb law 2024 here .
Tax and administrative obligations
1 - Declaration of rental income
Income generated from Airbnb rentals must be declared to the tax authorities. In Marseille, as elsewhere, this income is subject to income tax and can be declared under the micro-BIC or actual tax regime.2 - Tourist tax
Hosts must also collect and remit the tourist tax. This tax is calculated based on the number of nights and the type of accommodation offered. This tax is paid by the guests to the Marseille city hall. According to Airbnb regulations in Marseille, the procedure is as follows:- Create an online leasing account on the dedicated site
3 - Social security contributions
When you rent out a property in Marseille, you will have to pay social security contributions based on your rental income. Specifically, you will only be required to pay social security contributions if your income exceeds €23,000. You will need to register with the Social Security for the Self-Employed (SSI) and therefore pay these contributions.