Here is the transcript of the video:
👋 So, let's talk, without further ado, perhaps to recap just one small point. That's because if you like these live videos every Tuesday at noon, don't hesitate to give a like 👍. I like on whatever social network you follow this on, why? Because it's important to me, it allows the algorithms to see that it's quality content that helps you, and it allows me to continue spending time, in fact, making videos. So there you have it, to support me, the best way is to put a little like under the video you are watching. If you want, you can also subscribe to the YouTube channel , because I have resumed live, anything, I have resumed the challenge of one video per day on the YouTube channel. So you have a lot of content every day, different topics that obviously deal with vacation rentals or as a vacation rental manager, how to increase your turnover . So here it is, this is the minute to remind you of these little things and we are going to talk about our incredible topic of the day !
As I told you, I fell out of my chair when I got my news alerts telling me this. So, to get back into context on Paris, as you probably already know, we have a decision from the Court of Cassation from February 2021. I'm still looking at the dates, I didn't want after that by heart in addition to February 2021 , who made and stamped the legality of the rules imposed by the city of Paris .
So, what are the rules imposed by the city of Paris? We often say, but it's too limited. In fact, that's what's a shame, is that often, when we say Halloween, we say here 120 days. So, it's more complicated than that, ultra complex . But there are two things to know: there is the case of the main residence and there is the case of accommodation which is not a main residence.
First question, what determines primary residence? The main residence, from what the city of Paris tells us, is that you have to live at least eight months in a property for it to be stamped as a main residence. But not only that, it's not just living in a property for eight months, it's not just tax residence, it's also something to see. And so, it must be proven, to see the center of one's personal or professional interests at these addresses. So, there is a whole range of elements that will help you prove that it is indeed your main residence. It could be bills for electricity, water, etc., which prove that you are indeed there. It could even be the registration of your children at school, which proves that, in fact, the center of your family affairs is at this address, etc. And that's all that can prove that this address is important on a professional level as much as anyone. So, that’s what determines being in primary residence. Once we have said that for the main residence, we have, in fact, the 120 days to respect. These 120 days maximum, this is what the city of Paris indicates. And once you've done that, there are still two small ones, the other step, which will be important, and not that small. The first is to register, so that you have a number. And the second is to pay the tourist tax , which is imposed, obviously, by the city of Paris, with recurring levies on the matter.
The second case is if it is not a main residence, but sometimes people come to see me saying: 'I want to buy a property in Paris, I would like to put it to grass.' He said: 'Is it possible?' So, there, obviously, as it is a rental purchase, we fall directly into the second case, which is K2 or what we do not have a main residence. This is where it is the most difficult and this is where we really get to the heart of the rules imposed by the city of Paris. It is said that if it is not a primary residence, you have several very heavy obligations. The first is to change the uses of the property. So, to move from residential use to commercial use. But not only that, changing the use of the property with compensation areas. What does that mean? This means that if you want to request the city of Paris to change 15 square meters from residential to commercial use, you will also have to have purchased or already have in your possession another surface area of 15 square meters in use. commercial that you are going to switch to residential use, what is called compensation. Show Paris town hall that you have compensated. You are going to compensate for this surface area which will be transformed into commercial use. That's the first rule. The second rule, if you managed to pass this, well done, and the second rule to respect is that you are still subject to authorization from the city of Paris to change this surface which is now for commercial use for change its destination to hotel accommodation. And these are the second authorizations to request in order to change the destination of the premises. And that goes into hotel accommodation.
Once that's done and you've gone through all those steps, then it's possible. Some people get there, it's not very common, but it's possible. And once you have passed all this, you must register online, as for the main residences, and pay the residence texts in the traditional way.
So, those are the rules put in place by the city of Paris. It is regulated like you, and they have been validated, and there must be an academic word in place, but I do not know it validated by the court of cassation as being legal. So, they are now being followed, in any case on the various trials which are taking place today between the city of Paris and people who create their Airbnb illegally, in any case outside the rules requested by the city of Paris.
To give you an idea, the 400 owners today who are in proceedings with the city of Paris, owners who do not respect the rules of the city of Paris, risk fines of up to 50,000 euros . So, compared to the prices per square meter in Paris, one could say: 'It's not incredible', but it still remains an amount when you operate in ruins. But it still remains an amount, obviously for everyone, it remains.
So, the stage is set for the situation in which we find ourselves in Paris. So what happened again? What is my source for this information? It was Figaro real estate which had two articles yesterday. Perhaps others will spread, but in any case, the one who shared this information before the start of these sectors. But if you want to see who is in non-sharing real estate, a loophole has been found by a certain number of lawyers who defend owners who do Airbnb in Paris.
🔍 What is this flaw ? This flaw is called h2 and it is not a virus, it is a document. So, the H2 form, I had to do a little research, so as not to hide anything from you. I'm reporting all this to you as a journalist, let's say. I obviously have no legal knowledge. If you want to know your specific case, I swear to you, you really need to contact a lawyer who knows about it, because I would have no knowledge of its frivolity. It is more of a journalistic work to transmit this information to you which, for me, was a bolt from the blue in the seasonal rental in France.
So, what is the H2 document? It is a declaration whose purpose is to identify new constructions and to establish the cadastral rental value of a property. So, it is a document which is indeed crucial, and the city of Paris be able to refer to this H2 document during the legal action which is taken. And this is, in fact, where a resident found a flaw, since certain H2 documents did not have the information requested by the judge. So, the information that is necessary, to give you an idea, there must be the name of the occupant. But where the challenge lies is that this H2 document must date from at least January 1, 1970. So, that is to say, more than 50 years ago. That is to say that for a certain number of these documents, we do not have the mentions that are desired by the judge. So, these mentions under the name of the occupant, the rent paid on January 1, 1970 and the date of entry into the premises. So, it's still very, very demanding and we understand how certain documents may not be up to date with all this information, which still puts a lot of weight on the shoulders of the city of Paris to find .
So, that's in the elements that are mentioned in the articles that I read. That is to say that the city of Paris must be able to find it by other means. We are there, this is the information that I shared, I said yesterday. So, here we are really at that. We say to ourselves, well, what is going to happen? The first point is that the city of Paris must be able to provide other documents to be able to state the fact that the property was actually for residential use rented in 1970 under prefect January 70. That will be the next steps for the city of Paris.
What are the consequences for owners who find no winning cases? Because that's also what's interesting, is that we really have owners who have won their case against the city of Paris . We have a lawyer called Lorraine Derrien who explains to us, in fact, out of 80 cases that she manages, she was able to obtain victory at first instance at 90%. At 90%, it's huge. On these 80 files, she was able to once again obtain meaning there and is starting to have the files on appeal, because obviously, the Paris town hall appealed. And so she tells us about the appeal, the processing of appeal files over the years and in fact for the first one she had, she obtained a first victory for the benefit of her client, therefore against the Paris town hall on that. So, it's really, it's really incredible actually. And so, what could make it so that this file can be reputed will not be how to say in law 90 profitable therefore valid will do this kind of thing it could be small things you could have an age 2 file which is not dated for example that is not valid you could have a file of which and erasures nature is more than reassured because it was the erasures and but in any case it is also crossed out a file of which has not no sas signature is not valid also where the fact that the lot is not legible not correctly readable on the sheet all these elements can allow the lawyer to use the fact that the display of is not valid and can actually allow lenders to win at first instance or on appeal against Paris City Hall .
So, there it is, it's a bit, it's a hell of a thing, it's a hell of a madman who fell there, I think that for the Paris town hall it's a real upheaval because and as it's written in the expensive articles that at this stage the Paris town hall and in legally confirmed by the court of cassation on the merits of these requirements think that here are all the files it has necessarily passed but here we put our finger on a point which will probably highlight difficulty the Paris town hall to obtain legal victory against the owners who operate Airbnb without respecting the rules.
So the question we can also ask ourselves is what will happen to the owners who have won, can they continue to operate short-term on Airbnb , Booking obviously? A priori, yes. In any case, at this stage where we are today, a priori, yes, they could continue to do Airbnb quietly having won their case against the city of Paris .
There you go, tell me what this inspires you, friends, does this surprise you, have you already heard about this? For me, the games subsidiary must be that I had never heard of it, that I didn't know it at all. The question that also arises at this stage and it is true that once again the information is a little young, so we will even digest it, we sent it, but one of the first questions I ask myself is is to tell me if there are obviously in my opinion not many in Paris, but if we ever have a building which was built after 1970, I imagine that we can take a listing two more recent than 70 if the building was built afterwards. I imagine, but it’s true that it’s one of the first actions I asked myself. I said to myself, if we ever happen to have a building that is more recent, how does that work? There you go, I imagine that we can take a document that is more recent. Does this raise any questions for you on your side? I'm not saying we'll have all the answers, but it's interesting. So, I look at the questions you ask on Instagram. Maloka immo tells me do you think this flaw is also applicable in other cities? Bordeaux, Biarritz. A very good question too. That's a very good question. Can this be applicable in other cities? I imagine that justice works in a way the national file filings are not a thing besides if you want to see more information you will find it on the tax site taxes gouffran and make shine declaration h -2a project to inventory constructions. So, I deduce from this that it is a country where you are not a lawyer and its elders or there we discuss among ourselves I am not a lawyer, but it is true that spontaneously we want to say each other but that could perhaps work in other countries. other cities. 👩⚖️
🔍 I look at your messages, Étienne 1 , says to me: “It’s good for the profession and the short-term future, but it’s interesting, after how long can this situation last? I find it hard to believe that the Paris town hall does not find the idea also seems very well supported legally. So, I find it hard to believe that they do not find other options to be able to prove their residential use on that date. The fact that it's her, or and I tell myself that they will, they will find an alternative, so maybe it's a temporal rift, whatever. »
Mal au Coeur said to me: “Never heard of job posting. I read the article yesterday at Coop . I also have his share, Sataflash , and Sap . I will look at the questions you ask yourself on Youtube and Instagram. »
Hello Marie-Jo , welcome. So on Facebook, in hotel accommodation , plus VAT on rentals. So, VAT , we really have to dig into this subject of VAT because it really depends on the situation. You must be a para-hotel operator to be eligible for VAT. But it seems to me that there are also statues of possession of goods which determine whether or not they are eligible for VAT. I'm not an expert on her voice, I'm not talking nonsense and I think that on these subjects, it is better not to take advice on the internet but rather to seek advice from a professional. We have a partner lawyer called Dimitri Bougeard who is excellent in this profession so don't hesitate to seek out professionals like Dimitri Bougeard to get good advice and be sure not to make a mistake on that because that it's so serious that we have to be sure to do things right.
He told me at the Paris town hall to produce a display of yes, it is a responsibility of the Paris town hall to produce the display 2, this is in any case the view of the readings that I have done. That's what I drank, it's tight, that it's up to the Paris town hall to provide this listing 2 as its cadastral value I imagine, it's something that are supposed to have and which allows them to prove the merits of their legal action.
I tell myself that the Paris town hall will react, yes, well there you go, we agree, tight that I don't think it will stay long, some is also, I will, they are once again very well supported legally so I think that it's a thunderclap but it's temporary which is taken over which will allow certain owners to temporarily slip through the cracks but I find it hard to believe that it lasts infinitely.
So a next question:
So Émilie said to me: “I follow these stories out of the corner of my eye because I am in a town of 5,000 inhabitants which I don't think will happen tomorrow but do you think that if the Paris town hall manages to find a solution that could extend to more, who says, so that's the subject and it's true that it's a fairly recurring subject to say today, in seasonal rental we have a situation in which in any case we will be more and more restricted. In the long term, if we were to broaden the line, will all the communes of France 2 towards peace, in the conditional, put rules to restrict Airbnb ? I don't believe it, I think that there are many municipalities which are quite interested in the activity that seasonal rental , municipalities which do not attract hotels today but which attract seasonal dormice. I think that many municipalities in France have the challenge of not seeing their businesses wither away and are very happy to see derby arriving with traffic, people who will need berries, to consume, to eat and to make purchases etc. So I think that maybe it will happen one day but in my opinion we have a lot of time ahead of us for municipalities but like yours for example at 5000 inhabitants it is 5050 thousand 4 to 5000 inhabitants why municipalities of 5000 inhabitants are affected by rules like that with my husband have invested together to do the short term and have invested in this type of rubber in smaller municipalities for which it is very unlikely that in the near future batch of municipal regulation problems.
I think I saw it, I answered all the questions, it doesn't seem to surprise you, yeah, well, it's still a bit of a veiled thing, but don't wait when I read that it's it's clear that well listen I'll stop there for today I hope you like this subject I did it will interest you as you know we can meet again next week Tuesday at noon for another live on a completely different subject. Until then, if you think of any questions, don't hesitate to ask me on YouTube. I can present all the questions very well, so I'll try to answer them one by one, so don't hesitate to ask. I will see your questions and answer them personally. It will be with great pleasure that I can help you with all that. We have one last question from Christophe who tells me: “There are partnerships between Airbnb in many rural communities in order to promote tourism development in rural areas. » Yeah, you confirm, you confirm my impression is that I think that there are still many smaller municipalities that are very interested in the commercial activity that accommodation can produce . »🎉