Airbnb and Copropriété Rules: Can Your Building Ban It in 2026?
Airbnb in a French copropriété in 2026: the Le Meur law, the two-thirds vote, the 'habitation bourgeoise' clause and notifying the syndic. An owner's guide for the Riviera.
Airbnb in a French copropriété: yes, your building can now ban short-term lets — but not on any terms it likes. Since the Le Meur law of 19 November 2024, a general meeting of co-owners can vote to prohibit furnished tourist rentals by a two-thirds majority (instead of unanimity), on three conditions: the building's rules must already contain a "clause d'habitation bourgeoise" (residential-use-only clause), only second homes are concerned, and only short-term lets are prohibited. France's Constitutional Council upheld the mechanism on 19 March 2026. For an owner in Nice, Cannes or Antibes — where the overwhelming majority of flats sit in a copropriété (the French equivalent of a condominium or leasehold block) — the question is no longer theoretical. Here is what applies, what the courts have said, and how to let with peace of mind.
Written on 28 September 2026. Copropriété law and short-term rental regulations move quickly: the information below is given for guidance only; check the official sources at the end of this article and, in the event of a dispute, consult a legal professional.
What does the Le Meur law say about holiday lets in a copropriété?
Before November 2024, two worlds coexisted without speaking to each other: the town hall, which regulates change of use and the registration number, and the copropriété, whose rules (the règlement de copropriété) set the intended use of the building. Banning holiday lets by a vote required unanimity among co-owners — impossible in practice. Law no. 2024-1039 of 19 November 2024 changed three things, in force since 21 November 2024:
| What is new | What it means for you |
|---|---|
| Building rules drawn up since 21 November 2024 | They must state explicitly whether furnished tourist rentals are allowed or prohibited (article 8-1-1 of the 1965 law) |
| General meeting vote | A ban on furnished tourist rentals can be adopted by a two-thirds majority of all co-owners' votes (article 26), only in buildings whose rules already prohibit any commercial activity, and only for units that are not a primary residence |
| Notifying the syndic | Any co-owner who registers a furnished tourist rental must inform the syndic (the managing agent, article 9-2), who adds an information item to the agenda of the next general meeting |
Source: law no. 2024-1039 of 19 November 2024 and law no. 65-557 of 10 July 1965 (articles 8-1-1, 9-2 and 26), Institut national de la consommation, May 2026.
The legislator's message is clear: the copropriété is once again a player in regulation, alongside the municipality. For an owner, this adds a third check to the list, after the registration number and the change-of-use permit: your building's own rules.
Do your building's rules allow short-term rentals?
This is the first question to ask, before you even open an Airbnb account. Everything depends on the date of your règlement de copropriété and the use clause it contains. There are three scenarios.
If your rules date from after 21 November 2024 (a new building or a fully revised règlement), the answer is written in black and white: they expressly allow or prohibit furnished tourist rentals. Read them — that is all.
If your rules are older — the case for almost every building in Nice, Cannes or Antibes — look for the use clause. An "exclusive" habitation bourgeoise clause (the building is reserved for residential use; any professional or commercial activity is prohibited) makes holiday letting contrary to the rules, with no vote needed. The Aix-en-Provence Court of Appeal confirmed this on 25 June 2025 for a Nice building whose rules confined commerce to the ground floor: the co-owners had obtained a change-of-use permit from the City, and it made no difference, because an administrative permit only governs your relationship with the municipality, not with the copropriété.
A "simple" habitation bourgeoise clause (residential use with liberal professions tolerated, shops at street level) is more favourable. The Nice judicial court reiterated on 23 June 2026 that a furnished let, even a short one, is not in itself contrary to an ordinary residential-use clause as long as it remains a civil activity: what can tip it into commercial territory is the provision of hotel-style services alongside the let. A nuance that matters for how you — or your property manager — present and run the property.
Our view as investors: on the Riviera, older règlements are often vague, drafted between the 1930s and the 1970s for a different era. We read the one for every property we take on in Nice, Cannes or Antibes before we commit. A clearly hostile règlement is a file we decline — better to steer the owner towards long-term letting than into litigation.
Can a copropriété ban Airbnb by a two-thirds majority?
Yes, since 21 November 2024, and on a definitively secure legal footing since Constitutional Council decision no. 2025-1186 QPC of 19 March 2026. But the mechanism is tightly framed — which is precisely why it was upheld:
| Condition | Detail |
|---|---|
| Which buildings? | Only copropriétés whose rules already prohibit any commercial activity in residential units (habitation bourgeoise clause) |
| Which units? | Only units that are not their occupant's primary residence: primary residences remain free to let |
| Which rentals? | Only short-term lets (by the night, week or month); long-term letting remains possible |
| Which majority? | A majority of members of the syndicate representing at least two-thirds of the votes (article 26), followed by a notarised amendment to the rules and publication |
| Reversible? | Yes: the same majority can lift the ban later |
Source: Constitutional Council, press release on decision no. 2025-1186 QPC of 19 March 2026; article 26 of the law of 10 July 1965.
Two reassuring points for owners. First, a vote cannot be improvised: the courts strike down bans adopted carelessly. In spring 2026, the Paris judicial court (21 May) and then the Nice judicial court (23 June) annulled resolutions voted before the Le Meur law came into force without the unanimity then required, recalling that a general meeting cannot, by any majority whatsoever, restrict the enjoyment of a unit beyond what the building's intended use justifies. The new law is not retroactive: a ban voted before 21 November 2024 without unanimity remains void. Second, a co-owner can challenge a resolution before the judicial court within two months of being notified of the minutes.
That said, going forward, a copropriété that gathers two-thirds of the votes and meets the conditions can validly ban holiday lets of second homes. It is a new factor to build into any short-term rental investment plan, in Nice as in Cannes or Antibes.
Do I have to tell my syndic that I let on Airbnb?
Yes — it is now a legal obligation. Article 9-2 of the law of 10 July 1965 provides that when a copropriété unit is declared as a furnished tourist rental, the co-owner informs the syndic. The syndic then places an information item — not a vote — on the agenda of the next general meeting, so that all co-owners know the flat is let to visiting guests.
In Nice, the Métropole goes a step further under its change-of-use rules: since the regulation applicable from 1 September 2026, the permit application for a second home includes a sworn statement that the building's rules are respected. In other words, the City asks you to certify that your copropriété does not stand in the way of your project. We detail this procedure in our guide to Airbnb rules in Nice for 2026.
Our advice: notify the syndic in writing (letter or e-mail with acknowledgement of receipt), attach your registration number, and keep the proof. A transparent, reachable owner whose guests respect the building is rarely the one who triggers a ban.
How do you let in a copropriété without falling out with the neighbours?
The best defence against a ban is impeccable operation. In the buildings where we manage properties, friction almost always comes from the same causes: late-night noise, suitcases on the stairs at 11 pm, poorly sorted rubbish, strangers ringing the wrong doorbell, and nobody to call when something happens.
At Be My Guest, we deal with these upstream. Guest screening before confirmation, with a verified profile and a coherent reason for the stay; house rules for the building written into the listing and repeated on arrival (quiet hours, no parties, recycling, use of common areas); hosted or self check-in organised to avoid needless comings and goings; 24/7 assistance also reachable by the syndic and neighbours, with the number displayed in the flat; and professional cleaning between every stay that leaves the landing as tidy as we found it. These details are not cosmetic: in the recent court decisions, it is the absence of proven nuisance and compliance with the rules that saved owners.
Finally, bear in mind that the copropriété is only one of three layers of compliance. The registration number, the change-of-use permit where required and the tourist tax remain due whatever your building's rules say — and the reverse is true: a permit from the City does not protect you from a hostile règlement. Letting in a copropriété means satisfying both at once.
Unsure what your règlement allows, or want to secure a property before handing it over? Let's talk: valuation and compliance review free of charge — our local team, investors for over 7 years, manages every flat as if it were our own.
Official sources
- Law no. 2024-1039 of 19 November 2024, the "Le Meur law" (full text: copropriété, registration, energy ratings, municipal caps — in French)
- Article 26 of law no. 65-557 of 10 July 1965 (two-thirds majority to ban letting of units other than a primary residence — in French)
- Article 9-2 of law no. 65-557 of 10 July 1965 (obligation to inform the syndic and information item at the general meeting — in French)
- Constitutional Council — decision no. 2025-1186 QPC of 19 March 2026, press release (validation of the two-thirds vote and conditions of the mechanism — in French)
- Institut national de la consommation — Furnished tourist rentals within a copropriété (official summary of the new rules, checked May 2026 — in French)
- Métropole Nice Côte d'Azur — Furnished tourist accommodation (change of use in Nice, sworn statement regarding the building's rules — in French)
Frequently asked questions
Can a French copropriété ban Airbnb in 2026?
Yes, under conditions. Since the Le Meur law of 19 November 2024, the general meeting can vote to ban furnished tourist rentals by a majority representing two-thirds of all co-owners' votes (article 26 of the law of 10 July 1965), instead of unanimity previously. The vote is only possible in buildings whose rules already prohibit any commercial activity in residential units (a "habitation bourgeoise" clause), it only targets units that are not a primary residence, and it only prohibits short-term lets. The Constitutional Council upheld the mechanism on 19 March 2026.
Does the Le Meur law apply to my primary residence?
Not for the ban vote: the two-thirds majority can only prohibit holiday letting of units that are not their occupant's primary residence. If you let your main home while you are on holiday or for a few weekends, your copropriété cannot stop you by this vote. The other rules still apply, however: registration number, day cap (120 days a year in Nice since 1 September 2026), tourist tax, and compliance with the building's rules if they contain an exclusive residential-use clause.
Do I have to tell my syndic that I let on Airbnb?
Yes. Since 21 November 2024, article 9-2 of the law of 10 July 1965 requires any co-owner who registers a furnished tourist rental to inform the syndic (the building's managing agent). The syndic then adds an information item about holiday letting to the agenda of the next general meeting: it is information, not an authorisation vote. We recommend writing to the syndic with acknowledgement of receipt, attaching the registration number, and keeping the proof.
My building's rules do not mention Airbnb — can I let?
It depends on the use clause. If the rules contain an "exclusive" habitation bourgeoise clause (any professional or commercial activity prohibited), holiday letting is treated as contrary to the rules, even with a change-of-use permit from the City — the Aix-en-Provence Court of Appeal ruled so on 25 June 2025. If it is a "simple" clause (liberal professions tolerated, shops on the ground floor), short-term furnished letting remains possible in principle as long as it stays a civil activity, without hotel-style services (Nice judicial court, 23 June 2026). Have the rules reviewed before your first booking.
What if my general meeting votes a ban?
First check that the vote was valid: the rules' conditions (habitation bourgeoise clause), the two-thirds majority actually reached, the units targeted (second homes only). A co-owner can challenge the resolution before the judicial court within two months of notification of the minutes; in 2026, the Paris and Nice courts annulled bans voted without the required majority. If the ban is valid, the property can still be let long term: our comparison of long-term versus short-term letting sets out the trade-off.
Does a change-of-use permit protect me from my copropriété?
No. The change-of-use permit issued by the municipality governs your relationship with the City, not with the copropriété; a hostile règlement applies regardless. The reverse is equally true: rules that allow holiday letting do not exempt you from the registration number, from change of use where the municipality requires it, or from the tourist tax. In Nice, the change-of-use application even includes a sworn statement that the building's rules are respected. Letting compliantly means satisfying both levels at the same time.
