Co-ownership and short-term letting in Nice: the rules

In a co-owned building, letting short-term in Nice depends first on the co-ownership rules, not just on the city. Since the law of 19 November 2024, a general meeting can ban tourist rentals in units that are not main homes by a two-thirds majority of votes, rather than unanimously, if the rules already prohibit all commercial activity. The Constitutional Council upheld this on 19 March 2026. And every host must inform the managing agent.

This article covers what your rules say, what the co-owners can vote, what you owe the managing agent and how to secure your plans before listing.

Updated 13 October 2026.

Why the building matters as much as the city

In Nice, letting a flat as a tourist rental needs several green lights, none of which replaces another: registration and the registration number, the 120-day cap for a main home, change-of-use authorisation for a second home. These public rules are covered in our guide to short-term rental rules in Nice.

Co-ownership is a different order: it is a contract between co-owners. City authorisation is not authorisation from the building. The Métropole's change-of-use regulation makes the point itself: every application must be consistent with the building's purpose as defined by the co-ownership rules, and the owner signs a sworn statement that the rules are respected.

What your co-ownership rules say

The rules set the purpose of the building and the conditions of use of each unit. Under the law of 10 July 1965 they can only restrict co-owners' rights where that restriction is justified by the building's purpose. Three situations arise:

• The rules are silent on letting: furnished letting, short-term included, is in principle allowed, provided it causes no nuisance.
• The rules contain a simple residential-use clause: the building is mainly residential, but some professional activities are tolerated. Compatibility with tourist letting is argued case by case.
• The rules contain an exclusive residential-use clause, prohibiting any commercial or professional activity in the units: the most restrictive situation, and the one the 2024 law targets.

Older buildings in central Nice, Vieux-Nice or the Carré d'Or often have rules drafted decades ago, in wording that obviously did not foresee Airbnb. Reading them calls for care: what matters is not the word "residential" but the exact drafting of the clause.

What the loi Le Meur changed in 2024

Law no. 2024-1039 of 19 November 2024 amended the law of 10 July 1965 on three points:

• An easier vote (article 26): amending the rules to ban tourist letting of residential units other than main homes can be passed by a majority of members representing at least two thirds of the votes. This is reserved for buildings whose rules already prohibit all commercial activity in units not specifically intended for commerce.
• A mandatory statement (article 8-1-1): co-ownership rules drawn up since 21 November 2024 must state explicitly whether tourist rentals are allowed or prohibited in the building.
• A duty to inform (article 9-2): a co-owner whose unit is registered as a tourist rental informs the managing agent, and an information item on this activity is added to the agenda of the next general meeting.

Before this law, banning tourist letting in a building where it was allowed in practice required unanimity. The text is available on Légifrance, in law no. 65-557 of 10 July 1965 on co-ownership.

The Constitutional Council decision of 19 March 2026

The two-thirds vote was challenged. On a priority question referred by the Cour de cassation, the Constitutional Council held the provisions consistent with the Constitution in its decision no. 2025-1186 QPC of 19 March 2026.

It found that the scheme pursues public-interest goals — tackling nuisance from tourist rentals and the shortage of long-term housing — and remains limited: it only covers units that are not main homes, only in buildings already subject to a clause excluding commercial activity, and it leaves other forms of letting open.

The practical consequence: in a Nice building with such a clause, a second home let short-term is now exposed to a ban vote, even if the activity had been tolerated until now.

What the co-owners cannot do

• Ban letting of your main home through this two-thirds vote: the text targets the other units. Letting your main home, within the 120-day annual cap in Nice, is not covered by this scheme.
• Ban all letting: long-term furnished letting, unfurnished letting and student letting are not covered.
• Use this vote without a prior clause: if the rules do not already prohibit commercial activity in the units, the two-thirds majority does not apply to banning tourist rentals.

Conversely, even without any vote, repeated nuisance — noise, comings and goings, damage to common areas — can make you liable for disturbance caused to other occupants. Permissive rules offer no protection from exasperated neighbours.

Informing the managing agent: how to do it

Informing the managing agent has been compulsory since the 2024 law, and it is also the best way to defuse conflict. In practice:

1. send the managing agent a letter or email stating that your unit is registered as a tourist rental, with the registration date;
2. if you are a tenant subletting with your landlord's written consent, the information goes through the landlord;
3. keep proof of sending: an information item will be added to the next general meeting's agenda.

Use the opportunity to pass on the rules you set for guests: hours, noise, bins, access. A managing agent who knows whom to call when something goes wrong reacts very differently from one presented with a fait accompli.

Before listing: the checks to make

1. Read the co-ownership rules in full, amendments included, and find every clause on the building's purpose and the use of units.
2. Go through the latest general-meeting minutes: a draft amendment to the rules, a resolution on tourist rentals or neighbour complaints often appear there.
3. Ask the managing agent whether an item is planned for the next meeting.
4. Have the clause reviewed by a legal professional if in doubt: the line between a simple and an exclusive clause comes down to a few words.
5. If you are buying to let, make these checks before the offer, not after signing, together with the district check: Nice tourist-rental quotas, zone by zone.

Letting well in a shared building

The best protection is a rental nobody notices: screened guests, clear rules displayed and restated before arrival, careful cleaning, bins out at the right time, a contact the neighbours can reach. That is also what earns good reviews. A rental that goes unnoticed does not end up on the general meeting's agenda.

Frequently asked questions

Can a co-ownership ban Airbnb?

Yes, in some cases. Since the law of 19 November 2024, the general meeting can ban tourist letting of units that are not main homes by a two-thirds majority of votes, if the rules already prohibit all commercial activity in the units.

Is my main home affected by this vote?

No, the two-thirds vote targets units other than main homes. Your main home remains subject to Nice's 120-day annual cap.

Do you have to tell the managing agent before listing on Airbnb?

Yes. Since the 2024 law, a co-owner whose unit is registered as a tourist rental must inform the managing agent, who adds an information item to the next general meeting.

What is a residential-use clause?

A clause in the co-ownership rules reserving the building for housing. Exclusive, it prohibits any commercial or professional activity; simple, it tolerates certain professions. Its exact wording determines what is possible.

Did the Constitutional Council uphold the two-thirds vote?

Yes, in decision no. 2025-1186 QPC of 19 March 2026, which held the scheme consistent with the Constitution.

Reviewing your building

At Yellow we look at the co-ownership situation before any listing, because a project that works on the city side can stumble on one clause in the rules. If you are unsure what your building allows, get in touch: we will review it with you and tell you frankly whether short-term letting is sensible at that address.

Sources: law no. 65-557 of 10 July 1965, articles 8-1-1, 9-2 and 26, as amended by law no. 2024-1039 of 19 November 2024; Constitutional Council, decision no. 2025-1186 QPC of 19 March 2026; change-of-use regulation adopted by Métropole council decision no. 2.1 of 22 June 2026; consulted on 13 October 2026. This article is informational and is not legal advice.