The city of Nice is an attractive tourist area. Tourism is its main economic activity, but it is also a particular area due to the popularity in its real estate market.
The Nice Côte d’Azur Metropolis and the City of Nice have decided to regulate seasonal furnished rentals to reconcile the housing needs of our residents while preserving economic dynamism in favour of hotel sector professionals.
So, if you own furnished accommodation and wish to rent it as tourist accommodation, you must complete specific procedures with the Nice Town Hall.
The conditions for issuing the Mayor’s prior authorization and compensation result from deliberation no. 7.1 Metropolitan Office of June 27, 2022.
However, when the residential premises constitute the principal residence of the lessor or part of it, there is no need to request authorization for a change of use to rent them for short periods to pass customers who do not take up residence there. This exemption is only valid if the rental period does not exceed 120 days per year.
What is tourist rental?
The rental of furnished tourist accommodation consists of the repeated rental of furnished premises intended for short periods to a passing clientele who does not take up residence there, most often for the night, the week or the month (Article 16 of ALUR law n°2014-366 of March 24, 2014).
Authorization must be requested for each accommodation subject to a change of use. If the same accommodation is divided, consent must be requested for each accommodation resulting from the division.
Please note that the accommodation offered for rental must meet standards of decency.
If the accommodation is rented to students (leases of more than 90 days) and is used for seasonal rentals for the rest of the year, the owner must request prior temporary authorization to change the property’s use.
New: Subject to your eligibility, you can request one or more temporary authorizations (s) for change of use within the framework of mixed rental by practising student rental for the majority of the year and renting to tourists during the period.
Sanctions applicable in the absence of authorizations
Under Article L.631-7 of the Construction and Housing Code, proceedings before the Nice High Court may be initiated to implement the sanctions provided for in Articles L.651-2 and L.651-3 of the C.C.H:
Nullity of agreements concluded and conventions concluded in violation of article L.631-7 of the C.C.H
Civil fine under article L.651-2 of the C.C.H (this fine, pronounced by the president of the Judicial Court, can reach 50,000 euros per premises illegally transformed
Restoration of the premises under legal penalty against the lessor for a maximum amount of 1000 euros per day of delay and per square meter until total regularization
Criminal sanctions provided for by article L.651-3 of the C.C.H are possible in the event of false declaration, concealment or attempted concealment of premises subject to declaration (one year’s imprisonment and/or 80,000 euros in fines)
By signing the change of use authorization request forms, the petitioners undertake to grant authorized agents in charge of controls access to their premises.
Requests for changes of use are subject to checks carried out at home by sworn agents. Thus, a report will be drawn up and sent to the Public Prosecutor if an offence is noted.
The Construction and Housing Code provides that “anyone who has, for one of the declarations provided for in Titles 1 (chapter II), II (chapter 1), III and IV of this book, excluding articles L. 612-1, L 631-1 to L. 631-6, L.641-12 and L.641-14 of the C.C.H, or by the texts taken for their application, has made false declarations, anyone who has, using fraudulent manoeuvres, concealed or attempted to conceal the premises subject to declaration, is liable to imprisonment for one year and a fine of 80,000 euros or one of these two sentences only. The Criminal Court also pronounces the termination of the lease and the eviction of irregularly installed tenants.
How to proceed renting your property in Nice?
If you are an individual wishing to rent accommodation as a furnished tourist rental (this accommodation does not constitute your main residence, for example a second home, a rental investment, etc.):
For the 1st accommodation
To practice furnished tourist rental, you must request a change of use authorization valid for 1 year, renewable 5 times tacitly (Form no. 1). This authorization may not be renewed by the administration in the event of disturbances to public order being noted. This authorization is personal, non-transferable and non-transferable to another accommodation with the same owner.
Beyond an authorization granted (several accommodations) or the 6-year authorization granted, you are subject to compensation regardless of the location of the accommodation in Nice (Form no. 1). This authorization will then be final and attached to the premises.
Download the brochure from may 2024.
Download the form to send to the city council of Nice.
In normal words
You can buy an apartment in Nice and rent it out for seasonal rental. But you need to ask the city council if you are allowed to. You are asking to change the destination of your property from ‘pied-a terre for your own use’ to a ‘seasonal rental property’. You can get a license for a year that is connected the address and renew it each year. If everything goes smoothly during the year and there are no complaints from neigbors, the license can be renewed each year but for maximum 5 years. If you apply for the 6th year, the city council will classify your property as a seasonal rental property. This will then by final.
Your property management company can help you with the paperwork. If you buy a new apartment in Nice with us, we will bring you in contact with a local professional.
The renting license process
For a first request for a change of use in furnished tourist accommodation
Form no. 1 duly completed
Property tax or certificate of ownership,
Annex no. 2 relating to the mandate on Form 1 if applicable,
For a renewal of a change of use request for furnished tourist accommodation
Form n°1 duly completed,
Property tax or certificate of ownership,
Annex no. 2 relating to the mandate if applicable,
Previous municipal decree(s) granting the change of use
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