Change of Use Authorisation for French STR 2026: When Is It Mandatory

Operating a meuble de tourisme in a French commune with more than 200,000 inhabitants for more than 120 days per year as a non-primary residence is not simply a matter of filing a mairie declaration and getting a registration number. It requires a formal administrative authorisation known as the authorisation de changement d'usage (change of use authorisation), governed by article L631-7 of the Code de la Construction et de l'Habitation (CCH). Ignoring this requirement exposes property owners to fines of up to 50,000 EUR per dwelling, plus daily penalty payments. This is one of the most commonly misunderstood rules in French STR law for non-resident foreign owners.

The Legal Basis: CCH Article L631-7

Article L631-7 of the CCH provides that in communes with more than 200,000 inhabitants, and in the three inner-ring departments around Paris (Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne), any change of use of a dwelling - including its repeated short-term letting to transient guests who do not reside there permanently - requires prior administrative authorisation from the commune.

The Loi Le Meur (Law no. 2024-1039) extended the scope of this requirement: from 2025, any commune designated as a "zone tendue" (high-demand housing area) can apply the changement d'usage regime by simple municipal resolution, even if its population is below 200,000. A growing number of coastal and mountain tourist communes are adopting this mechanism in 2026.

The following conditions must all be present for the authorisation to be required:

• The property is located in a commune subject to the L631-7 regime (population over 200,000, or zone tendue commune that has adopted the regime)
• The property is not the owner's primary residence (primary residence means more than 8 months of personal occupation per year)
• The property is used or intended to be used for repeated short-term tourist rental (even one booking per year in an otherwise unoccupied secondary home can technically trigger the obligation)

The Compensation Requirement: 1:1 and Beyond

In most communes subject to CCH art. L631-7, the changement d'usage authorisation is conditional on the applicant providing "compensation" for the residential use being lost. The principle is that one square metre of residential accommodation converted to tourist use must be replaced by one square metre of non-residential space (office, commercial, storage) converted to residential use.

In practice, the compensation requirement works differently in each city:

City / Area	Compensation Ratio	Geographic Constraint	Approximate Market Cost
Paris (general)	1:1	Same arrondissement	800 to 1,500 EUR/m2 of commercial rights purchased
Paris (1st-4th arrondissements)	2:1	Same arrondissement	2,000 to 4,000 EUR/m2
Lyon (1st arrondissement)	2:1	Same sector (PLU zones)	1,200 to 2,500 EUR/m2
Lyon (other arrondissements)	1:1	Same sector	600 to 1,500 EUR/m2
Marseille (1st arrondissement)	1:1 (2:1 under review)	Same district	400 to 800 EUR/m2
Bordeaux	1:1	Same municipality	500 to 1,200 EUR/m2

The "commercial rights" referred to in the Paris row are the droits de commercialite, which are tradeable certificates representing the right to use a given commercial area for residential purposes. These certificates are bought and sold on a secondary market in Paris: brokers specialise in their sale and purchase. The price depends heavily on the arrondissement and the availability of commercial space.

The Application Process

Applying for a changement d'usage authorisation involves the following steps:

1. Identify the applicable local regulations: before applying, verify whether your commune applies the L631-7 regime, and what compensation ratio is required in the specific district where the property is located. Contact the commune's Direction du Logement or Service Urbanisme, or consult a local property lawyer.
2. Assemble the application file: the file typically includes title deeds, a floor plan, details of the property's current use, the proposed compensation arrangement (with evidence of the compensating premises), and the applicant's identity documents.
3. Submit to the commune: in Paris, applications are submitted to the Direction de l'Urbanisme (DU), 17 boulevard Morland, 75004 Paris. In Lyon, to the Direction de l'Habitat. In other cities, to the Direction du Logement or equivalent service.
4. Await the decision: the commune has 2 months to make a decision. Silence after 2 months does not constitute tacit approval: a formal written decision is required. Complex files in central Paris can take up to 12 months.
5. Register the authorisation: once granted, the authorisation must be registered at the Service de Publicite Fonciere (land registry). It is attached to the property, not to the owner personally, and transfers automatically with a sale.

Operating Without Authorisation: The Consequences

Failure to obtain the required changement d'usage authorisation is a serious administrative infringement. The sanctions under CCH art. L651-2 are as follows:

• Administrative fine: up to 50,000 EUR per dwelling operating without authorisation. The fine is imposed by the tribunal judiciaire (civil court) at the request of the commune.
• Daily penalty: up to 1,000 EUR per day from the date of the court order until the infringement is remedied (by obtaining the authorisation or ceasing the STR activity).
• Confiscation of STR income: the court may order the owner to pay to the commune an amount equal to the income received from unlawful STR activity during the period of infringement.
• Restoration order: the court may order the owner to restore the dwelling to residential use within a specified period.

French municipalities have significantly increased enforcement since 2022. The Ville de Paris has a dedicated enforcement unit cross-referencing DAC7 platform data with the changement d'usage register. Properties operating illegally for more than 2 years have been subject to fines of 50,000 EUR per dwelling plus accumulated daily penalties in several cases decided in 2024-2025.

The 120-Day Exemption: Does It Apply to You?

The 120-day annual rental cap for primary residences (art. L324-1-1 Code du tourisme) is not an exemption from the changement d'usage requirement: it is an independent rule that limits how long a primary residence can be rented per year. These two rules operate in parallel:

• If the property is your primary residence (more than 8 months personal occupation per year): you can rent it for up to 120 days per year without changement d'usage authorisation. Above 120 days, changement d'usage is required even for primary residences.
• If the property is a secondary residence or investment property: the changement d'usage requirement applies from the very first night of STR activity, with no 120-day grace period.

For non-resident foreign owners who spend less than 8 months per year at the French property, the property is almost certainly a secondary residence under French law. This means the changement d'usage authorisation is required for any STR activity in communes subject to CCH art. L631-7.

Practical Steps for Non-Resident Foreign Owners

• If your French property is in Paris, Lyon, Marseille, Nice, Bordeaux or another major city: consult a French property lawyer (avocat specialise en droit immobilier) before listing the property on any platform as a meuble de tourisme, unless the property is genuinely your primary residence.
• If you are already operating without authorisation: consider engaging a lawyer to regularise the situation before a formal complaint is made. Voluntary compliance before enforcement action typically results in lower sanctions.
• If you are planning to purchase a property for STR in a major French city: factor the changement d'usage authorisation cost into your acquisition budget. In central Paris, this can add 50,000 to 200,000 EUR to the total cost of a 50 m2 apartment.

For complete compliance guidance on French STR regulation as a non-resident owner, including changement d'usage, registration and tax obligations, visit HostReady.eu.