Question 35582 — leases

Summary

Mr. Pacôme Rupin questions the Minister Delegate to the Minister for Ecological Transition, responsible for housing, on the development and publication of the Council of State decree referred to in the fourteenth paragraph of Article L. 324-1-1 of the Tourism Code, which must specify the terms of application of IV bis of this same article. Commercial premises are not subject to the legal limits applicable to tourist rentals in buildings for residential use. This legal vacuum results in an amplification of the phenomenon which leads to tourist rentals replacing businesses, as well as premises for liberal professions, in many French municipalities, particularly in Paris and in seaside resorts. Some office buildings sometimes switch entirely to tourist rental and are rented on dedicated platforms without local elected officials having the tools to fight against this process. However, this contributes to the disappearance of local shops in the city center and to making the lives of local residents more difficult, due to the multiple nuisances caused by tourist rentals when they take place in abusive conditions, in mixed residential and professional buildings, as has recently been demonstrated by the Clandestine parties organized in this context despite the health crisis. However, the Engagement and Proximity law modified article L. 324-1-1 of the tourism code by providing that the rental of premises for commercial use as furnished tourist accommodation may be subject to prior authorization from the mayor of the municipality. This provision is crucial and should therefore allow local elected officials to control this phenomenon, when necessary. Nevertheless, to be made applicable and so that local elected officials can act, this provision requires that a decree be drawn up and published by the Council of State which must specify the terms of application. Delayed and postponed several times, the drafting of this decree has still not been completed, more than a year after the promulgation of the law. He therefore wishes to know the estimated timetable for drafting and publishing the decree; facing the urgency of the situation and the amplification of the phenomenon, he draws his attention to the need to accelerate the development process.

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• Pacôme Rupin · auteur

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