Airbnb Rules and Regulations in Nice, France

Famous for its azure waters and iconic landmarks, Nice is a highly sought-after French destination, making it a favorite of both travelers and short-term rental hosts.

Like many French cities however Nice has strict provisions governing short-term rentals to balance the needs of residents and the booming tourism industry. 

In this article, we'll explore the laws, regulations and taxes that apply to Airbnb and other vacation rental hosts in Nice.

Airbnb Rules in Nice | Short-Term Rental Laws and Regulations

Registration requirements

Like many French cities, Nice requires Airbnb hosts to register their properties with the local authorities. This step is part of a broader national regulation aimed at controlling the impact of short-term rentals on housing availability. Vacation rental hosts must:

• Register their property on the Nice Tourist Tax website.

• Display their registration number on all online listings. (This includes Airbnb, Vrbo, Booking.com, and any other booking platform.)

Failure to comply with this registration requirement can result in hefty fines.

Primary vs. secondary residences

In France, short-term rental regulations differentiate between primary and secondary residences. For primary residences, where the Airbnb host lives for at least eight months of the year, they are allowed to rent out the property for up to 120 days per calendar year. Exceeding this limit is illegal and can result in fines.

For secondary residences, the rules are stricter. Since secondary homes are often seen as reducing available long-term housing for residents, the city of Nice imposes additional regulations.

To rent out a secondary residence on OTAs, short-term rental hosts must apply for commercial zoning authorization, effectively converting the residential unit into a commercial one. An authorization is valid for six years and only one is issued per household.

Renting out secondary residences in the short term can sometimes involve mandatory compensation. This includes:

• At the expiration of the six-year authorization. When making a new request for commercial zoning authorization, which will be definitive and attached to the accommodation, you will have to compensate by purchasing a commercial premises and transforming it into residential use, or commercial titles from real estate developers turning the spaces into housing

• If you want to rent out a second secondary residence as a short-term rental

• If you are a legal entity such as a company or association that is renting out a second home

The compensatory property can be located in any district in Nice as long as it is equivalent to the property being rented out.

Co-ownership and condominium rules

Another important consideration for Airbnb hosts in Nice is whether the property is part of a co-owned building.

Many condominiums in Nice have their own internal regulations that may limit or outright forbid short-term rentals. Co-owners or homeowners' associations can impose their own restrictions beyond city rules, which might include bans on renting to tourists for short stays.

Rental arbitrage

Subletting your rented accommodation, or rental arbitrage, is allowed in Nice under two conditions:

• Written permission is obtained from the homeowner

• The income received from the subletting does not exceed the rent paid

Rental arbitrage is prohibited in Nice if the property is social housing.

Seasonal contracts

Seasonal rental contracts in Nice can’t exceed 90 days nor be renewed for the same tenant.

Noise, nuisance and good neighbor policies

To protect the quality of life for residents, Nice has implemented strict policies aimed at limiting disturbances caused by short-term rentals. Vacation rental hosts must:

• Must ensure their guests abide by noise regulations 

• Inform guests about building rules and general etiquette, ensuring they do not disrupt neighbors

Violations of these rules can lead to complaints from neighbors and potential fines for the host. Airbnb has also developed a Good Neighbor policy in collaboration with cities like Nice, which aims to foster better relationships between hosts and their local communities.

Airbnb Taxes in Nice | Short-Term Rental Taxes

Nice tourist tax

All short-term rental hosts in Nice are required to collect and remit a tourist tax (taxe de sejour) on behalf of their guests. This tax varies depending on the classification of the property.

For vacation rentals, the tax is calculated per person, per night.

Hosts are responsible for ensuring the correct amount of tourist tax is added to their listings, and Airbnb automatically calculates and remits this tax on behalf of the host.

Income tax

Like most other states across the world, Airbnb hosts in Nice must also declare their rental income for income taxation purposes. In France however Airbnb is legally obligated to report to the French tax authorities the rental income received by hosts using the platform to rent out property in the country. This includes both residents and non-residents.

Other tax obligations

As the lessor of a furnished rental, Airbnb hosts in Nice must also obtain a SIRET (Système d'Identification du Répertoire des Établissements) number. This is a unique 14-digit identification number assigned to each business or branch of a business.

You may also be liable for the Business Land Assessment (CFE), Business Value Added Contribution (CVAE) and Value Added Tax (VAT). More information can be found here.

Tourism Potential in Nice

As the second most visited city in France after Paris, Nice attracts an estimated 5 million visitors annually. The city’s unique blend of Mediterranean beauty, rich cultural heritage and historical significance makes it a global hotspot for tourism. 

Whether it’s the lively Old Town (Vieux Nice), the sun-soaked beaches along the Promenade des Anglais or the city’s acclaimed museums like the Musée Matisse, Nice offers a rich experience for a variety of travelers. 

Events like the Nice Carnival and the city's status as a major cruise ship port add to its appeal. In 2019, tourism in Nice generated approximately €1.6 billion in revenue, highlighting its economic significance​.

Airbnb Hosting in Nice: Balancing Compliance and Opportunity

With millions of visitors flocking to Nice each year, the demand for short-term rental accommodations remains high. Airbnb vacation rental hosts who can navigate the city’s stringent laws around registration, taxation and property usage can tap into the lucrative opportunity of a highly sought after tourism market while contributing to the city’s economy.

FAQs

1. Do I need to register my Airbnb in Nice?

Yes, all short-term rental properties in Nice must be registered with the local authorities. You are required to display the registration number on all OTA listings. Failing to comply with this requirement can result in heavy fines.

2. Is rental arbitrage allowed in Nice?

Yes, subletting (rental arbitrage) is permitted, provided you have written permission from the property owner, and the income from subletting does not exceed the rent paid. However, rental arbitrage is prohibited in social housing.

3. Can co-ownership or homeowner associations restrict short-term rentals?

Yes, many condominiums or co-owned buildings in Nice may have their own rules limiting or prohibiting short-term rentals. Always check with the co-ownership regulations or homeowners' association for specific restrictions.

4. Does Airbnb automatically handle tourist taxes for hosts in Nice?

Yes, Airbnb collects and remits the tourist tax on behalf of hosts in Nice. However, you are responsible for ensuring the correct amount is added to your listing.

5. Can I face penalties for noise or disturbances caused by my guests?

Yes, Nice has strict noise and nuisance regulations. As a host, you are responsible for ensuring your guests follow local noise ordinances. Violations can result in complaints from neighbors and potential fines for the host.