English
FrançaisDoes anyone have any experience of a tourist operator being forced to leave a site due to the requirements of Article D.321-2 of the Code de Tourisme?
This article states that in order to operate a Residence de Tourisme, there must be a minimum of 55% of the properties under lease.
Also, what are the implications for owners in this event?
Dear Cath,
In this case the residence is not anymore classified as a "résidence de tourisme" in accordance with the article you refer.
Therefore, the tax regime will not anymore apply to owners and they should find shortly a new management company to operate the building to get back the classification. Should they not find a new management company, they could loose the benefit of the tax regime and face a tax reassessment.
Kind regards,
David
Important : We revert to you in the framework of our partnership between our firm and the the owner of the website frencheleaseback.net. However, this answer does not constitute a lawyer / client relationship and the firm or the author cannot be held liable for the recommendations made.
An alternative to finding a new management company is for owners to setup a self-manage or autogestion setup under "Article D.321-2 Code de Tourisme" and sign leases with yourselves or owners own SAS company.
English:
https://translate.google.com/translate?hl=en&sl=fr&u=https://www.village...
French
https://www.village-justice.com/articles/AUTOGESTION-RESIDENCES-TOURISME...
This setup has been in existence since 2010 and also allows shorter bail-interessements to be used instead of bail-commercial.
However owner will need to exit the original bail-commercial with original operator first. That operator may prefer to keep you tied to that lease so you may need to negotiate an exit first or wait until they go into administration.
David,
Our residence is non-classee and Eurogroup have refused to provide operating accounts on this basis.
We are trying to determine the exact numberof properties still under lease.
I understand that an operator (classified or non-classified) must renew their registration every three years. This renewalrequires the submission of the
names of all the owners with whom they have a lease and a copy of each lease.
Can you tell me:
1. Which body/organisation regulates the operators?
2. How can we get this list of names of lease holders?
3. If less than 55% of properties are under lease, what canthe owners do to remove hte operator?
David,
Our residence is non-classee and Eurogroup have refused to provide operating accounts on this basis.
We are trying to determine the exact numberof properties still under lease.
I understand that an operator (classified or non-classified) must renew their registration every three years. This renewalrequires the submission of the
names of all the owners with whom they have a lease and a copy of each lease.
Can you tell me:
1. Which body/organisation regulates the operators?
2. How can we get this list of names of lease holders?
3. If less than 55% of properties are under lease, what canthe owners do to remove hte operator?
Normally the registration is made with the "Syndical National de Residence de Tourisme" www.snrt.fr . You can email them, for clarification as I have done so in the past. My reading of situation is if an owner if trying their best to make their apartment avalable for tourist rentals (online etc) then no real issue with purchase-TVA payback. You're problem may be exiting the bail-commercial.
Dear Catherine,
Your question raises more analysis which cannot be done on a forum: We can provide general comments but cannot advise or provide recommendations to clients on their specific situation on a forum.
You can get it touch with us should you need further analysis. You will easily find us online.
Kind regards,
David Sabatier
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