A developer bans Airbnb rentals in its new homes

Even in the mountains Airbnb is not always welcome. In Haute-Savoie (74), a promoter immovable decided on the spot: tourist rentals will be prohibited in the new accommodation it builds. “Airbnb-type rentals are not what we want. Our priority is to house people year-round, who work in the region“says Benjamin Combey, CEO of Primalp, quoted by Find-a-housing-nine.com.

In the heart of Annecy, a program called Convergence, erected on a 9,000 m² park and which will be delivered around mid-2025, was also the first where this ban was implemented. According to the manager, if some investors have given up on their purchase, several owner-occupiers have, for their part, been reassured. They feared neighborhood disturbances which are often blamed on those who rent a lodging on tourist accommodation platforms. “The mention relating to the prohibition of short-term furnished rentals also appears in our reservation contracts, in order to avoid any misunderstanding with our customers when they subsequently receive the co-ownership regulations which enact this prohibition”, specifies Benjamin Combey. . It remains to be seen whether this ban will be upheld by the co-owners.

Unanimity of votes

In the case of a new building, it is the promoter, at the origin of its construction, who drafts the first co-ownership regulations. In Annecy, it was therefore Primalp that complied and incorporated the ban on renting accommodation on Airbnb-type platforms. But the co-owners have the possibility of modifying the rules. To do this, this change must be included in the agenda of the general meeting. Problem: for it to be adopted, unanimity is a priori required, according to the government website. A more than binding majority for pro-Airbnb. Me Jean-Philippe Mariani, expert in issues related to co-ownership, confirms while providing clarification. “In the case of a luxury building, it would be possible to argue that unanimity is necessary because the modification affects the destination of the building.says this real estate lawyer. On the other hand, in a less prestigious building, I think that this point could be voted on by a majority of 2/3 thirds of the votes“.

Suffice to say that the promoter from Annecy has a good chance that the ban on Airbnb rentals that it imposes will be maintained. A priori, because the right to condominium can reserve surprises. “If the rule change that allows Airbnb rentals is passed by an incorrect majority but no one challenges it in court, it’s valid for the future.“, underlines Me Jean-Philippe Mariani.

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