Airbnb and co-ownership: rules, bans and the owner's rights

Can a co-ownership ban Airbnb?

The answer depends on your co-ownership rules. As a rule, each co-owner enjoys their private areas freely. This right is set out in article 9 of the law of 10 July 1965.

But this freedom has limits. The rules may restrict certain uses, including furnished tourist rentals (meublé de tourisme). So a co-ownership cannot always ban Airbnb, but sometimes it can.

The case of a tenant who sublets is different. It falls under other rules, detailed in our article on Airbnb subletting.

The co-ownership rules and the bourgeois residential clause

Everything hinges on one specific clause. The bourgeois residential clause reserves the lots for residential use. Its wording changes everything.

Loi Le Meur: an easier ban since 2024

Law no. 2024-1039 of 19 November 2024, known as the loi Le Meur, changed the game. It now allows a co-ownership to ban furnished tourist rentals with a two-thirds majority. Before, unanimity was required.

This rule does not apply to every co-ownership. It targets those whose rules already ban any commercial activity. The co-ownership is only one part of the legal framework. For all the rules, see our article on Airbnb regulations in 2026.

The conditions for banning Airbnb in a co-ownership

The two-thirds majority vote is only possible under certain conditions. Four cumulative criteria must be met.

• A furnished tourist rental within the meaning of the tourism code.
• A residential lot, not commercial premises.
• A second home, never a main residence.
• Rules that already ban any commercial activity in the non-commercial lots.

If any one of these conditions is missing, unanimity is still required. The status of main residence or second home also affects your taxation. Our article on Airbnb taxation takes stock of this.

Main residence: a protected case

The law protects the main residence. A co-ownership cannot ban renting it out as a furnished tourist rental. You can rent it out for up to 120 days per year.

This protection makes sense. It stems from the right to rent out one's main residence provided by the tourism code. The ban can only target second homes.

What the Conseil constitutionnel upheld in 2026

This measure was challenged, then confirmed. The Conseil constitutionnel upheld it on 19 March 2026. It ruled the measure proportionate and well framed.

Three safeguards weighed in the decision:

• The measure only targets second homes.
• It only concerns co-ownerships with a bourgeois residential clause.
• The ban is reversible with the same two-thirds vote.

Your remedies in the event of an illegal ban

A ban voted with the wrong majority can be challenged. Do not let the deadlines pass.

1. 1
   Check the majority

   Verify the majority applied to the vote at the general meeting.

2. 2
   Check the conditions

   Make sure that all four conditions were indeed met.

3. 3
   Write to the managing agent

   Before the general meeting if the announced majority is wrong.

4. 4
   Challenge the general meeting

   Before the court within two months.

Your obligations towards the managing agent

Since the loi Le Meur, transparency has been reinforced. A few good habits are essential when you rent out in a co-ownership.

• Inform the managing agent when you declare a furnished tourist rental at the town hall.
• An information item is then added to the agenda of the next general meeting.
• Anticipate damage to the common areas, where your liability may come into play. A security deposit limits the risk, as explained in our article on the Airbnb security deposit.

Key takeaways

In a co-ownership, your right to rent on Airbnb depends on the rules and on the bourgeois clause. Since 2024, a ban is easier to vote through, but only for second homes. The main residence remains protected. If in doubt, remedies exist, but the deadlines are short.

Navigating between the rules, the general meeting and declarations takes time. On the Côte d'Azur, a Conciergerie Airbnb à Nice knows these rules and secures your project.