Too much noise“. Locals are often up in arms against tourists who rent Airbnb type accommodation in co-ownership, because of noise. Parisians will no doubt be reassured to know that a tourist accommodation may be prohibited because of the noise. And even the risk of noise. It’s here Paris Administrative Court of Appeal who made this decision. Rue Réaumur, in the Sentier district (2nd arrondissement), a real estate company, ALJ, wanted to transform premises occupied by a clothing workshop, on the ground floor overlooking the courtyard, into three separate tourist accommodations capable of accommodating “simultaneously up to 12 people“. An operation that required building permit.
In February 2020, Paris town hall refused it on the grounds that the project “is likely to harm its health, due to the increase in flows and noise pollution in the courtyard of a residential building“, as provided for in thearticle R111-2 of the town planning code. A refusal contested by the ALJ company which is bringing the case before the Paris Administrative Court. In September 2022, she won her case at first instance. But on appeal, the administrative court has just ruled in favor of the Paris town hall, considering the municipality’s refusal “legal“.
“The project, by its nature, its importance, and having regard to the configuration of the premises, thus presented a risk of nuisance, in particular noise, exceeding the usual neighborhood inconveniences inherent to the occupation of collective housing.», Explains the Paris Administrative Court of Appeal in a decision rendered on June 18, 2024. In other words, the nuisance caused by the furtive passage of one or two tourists would undoubtedly not have allowed the plaintiffs to gain their arm of iron. For the court, there was a risk that these tourist rentals which are intended to become a real commercial activity create major nuisances.
The co-ownership veto may fall through
This time, furnished tourist accommodation was therefore refused. But it also happens that Airbnb rental companies win their case, despite the veto of the co-ownership who considered that these rentals did not comply with its regulations. This happened in Deauville (14) where 5 owners were sued and won their case before the Lisieux court. The courts have in fact considered that the rental of apartments for a few weeks per year could not be considered as a commercial activity (prohibited by the co-ownership regulations). Because according to the court, the “commercial qualification results from the habitual nature of its exercise”.
As a reminder, when it is a main residence, it is prohibited to rent the premises for more than 120 days per year on an Airbnb type platform. A Law proposition which plans to give mayors the possibility of increasing this threshold to 90 days, was suspended after the dissolution announced on June 9 by Emmanuel Macron. As to second homes there is no limit on days but their rental in furnished tourist accommodation is nevertheless very restrictive. It must be validated by the town hall which will require that the owner of a second home rented on a tourist platform rents, in return, another accommodation.