Regulations concerning short-term rentals in co-ownerships raise many questions, especially in so-called “bourgeois” buildings.
A recent decision by the Montpellier Court of Appeal on April 7, 2026, provides a clear answer:
👉 Airbnb is not incompatible with a bourgeois building, under certain conditions.
📌 Bourgeois building: a often misinterpreted concept
In many co-ownerships, the regulations mention a bourgeois designation.
This generally means:
✔ Residential use
✔ Absence of commercial activity
👉 But this does not automatically prohibit short-term rentals
⚖️ Clear jurisprudence: Airbnb remains a civil activity
The Montpellier Court of Appeal confirmed that:
➡️ Short-term furnished rental is a civil activity
➡️ Even in a bourgeois designated building
This position follows the Cour de cassation (judgment of January 25, 2024), which specifies:
👉 The activity becomes commercial only in the presence of significant para-hotel services (daily cleaning, hotel-type reception, breakfast, etc.)
🚫 Bourgeois building ≠ Airbnb prohibition
The decision reiterates an essential point:
👉 The bourgeois designation is not incompatible with tourist rental
Especially when:
✔ The property is rented without hotel services
✔ The activity remains a simple provision of accommodation
⚠️ Airbnb prohibition: strict rules
The qualification of a civil activity has a major consequence:
➡️ The unanimous consent of co-owners is necessary to prohibit short-term rentals
Indeed, according to the Loi Le Meur:
👉 Restrictions are only possible if a commercial activity is targeted
However, as Airbnb is considered non-commercial, co-ownerships have few levers to prohibit it.
🔍 The strengthened role of the judge
The Constitutional Council reiterated that:
👉 Any prohibition must be justified by the actual designation of the building
Thus:
❌ Abusive decisions in general assemblies
❌ Prohibitions voted without a solid legal basis
👉 Can be annulled by the courts
🏡 What owners need to remember
✔ Airbnb is compatible with a bourgeois building
✔ Short-term rental remains a civil activity
✔ Prohibition requires unanimity in most cases
✔ Co-ownerships must comply with a strict legal framework
🚀 Concierge B and B: short-term rental expertise
At Concierge B and B, we support owners across France to:
👉 Secure their activity in co-ownership
👉 Optimize their rental profitability
👉 Manage regulatory constraints
📊 With over 800,000 travelers hosted in 9 years, we perfectly master the legal and operational challenges of short-term rental.
📩 Are you an owner in a bourgeois building?
Do you have a doubt about your co-ownership regulations or your rights?
👉 Contact our team: demande@conciergebb.fr
Concierge B and B France
✔ Airbnb expert in co-ownership
✔ Full short-term rental management
✔ Present in +100 cities
✔ Legal and operational support