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IN BRIEF
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In La Rochelle, the regulation on tourist rentals adopted in 2022 and 2023 by the Community of Agglomeration is wavering. During a hearing at the administrative court of Poitiers, the public rapporteur proposed the annulment of these deliberations while acknowledging the necessity of taking action in the face of tensions in the rental housing. The judges will render their decision in the next three weeks, with the possibility of total or partial annulment. At the heart of the case: equality of treatment between property owners, the clarity of change of use criteria, and the maintenance of the principle of compensation.
In La Rochelle, a new regulation on tourist rentals in jeopardy: the public rapporteur demands its annulment
Examined in depth this Tuesday, September 2, the litigation surrounding the regulation of seasonal rentals in La Rochelle reaches a decisive stage. The public rapporteur has concluded that the deliberations made in October 2022 and then in March 2023 by the intermunicipality presided over by Jean-François Fountaine should be annulled. While this position is not legally binding, it is followed by courts in a large majority of cases and could lead to invalidating the core of the system unless a partial annulment is retained.
The case originates from a request made by the National Union of Property Owners (UNPI) – Union of Property Owners, supported by 49 owners of tourist rentals. The backdrop: the desire to contain the rise of tourist rentals in certain neighborhoods through an authorization and compensation system, and to preserve the supply of year-round housing in a city under strain.
In La Rochelle, a new regulation on tourist rentals in jeopardy: the public rapporteur demands its annulment — what the hearing says
The public rapporteur acknowledges the urgent necessity for the community to intervene in the rental market, a recognition that marks a significant advance for the Rochelaise Agglo compared to previous interim episodes. He does not dispute the principle of compensation: in the city center and in Minimes, a property owner wishing to rent out a secondary rental must offer in exchange a comparable property for long-term rental elsewhere in the city.
However, two major weaknesses are highlighted. First, the differential treatment between individuals and legal entities (Société Civile Immobilière, microenterprises…) is deemed contrary to the principle of equality. Secondly, the authorization criteria (or refusal) of change of use are deemed too vague, as they mainly frame cases of refusal without providing a sufficiently stable and clear framework for authorizations.
In La Rochelle, a new regulation on tourist rentals in jeopardy: the public rapporteur demands its annulment — positions at play
On the side of the claimants, the lawyer contests the existence of a shortage of year-round housing that is sufficiently demonstrated, viewing the regulation as illegal tools. On the other side, the community reminds that the share of seasonal rentals has crossed the threshold of 10% of the housing stock in La Rochelle, and that their number has increased by approximately 28% since the deliberation of October 2022 — a text that has never come into effect due to suspensions that occurred in the interim.
Marie Nédellec, deputy mayor in charge of the regulation of tourist rentals, defended a system she wants to be adapted to local specifics while emphasizing that other communities have adopted similar mechanisms validated by the courts. At the end of the hearing, she stated her determination to “fight to the end,” despite a contentious context that is not very favorable.
In La Rochelle, a new regulation on tourist rentals in jeopardy: the public rapporteur demands its annulment
The next decision, expected within three weeks, may confirm the direction proposed by the public rapporteur or adopt it only partially. A total annulment would require the community to thoroughly review its legal framework (definitions, zoning, authorization criteria, equality of treatment), while a partial annulment would leave it the opportunity to correct sensitive points, for example by clarifying the change of use criteria and restoring equality among categories of owners.
In the immediate term, sector actors — owners, managers, platforms — are navigating a zone of uncertainty. Legal entities, in particular, are closely monitoring the point related to the principle of equality, which could condition the viability of numerous local economic models if differentiated regimes were to be censured.
In La Rochelle, a new regulation on tourist rentals in jeopardy: the public rapporteur demands its annulment — technical and legal stakes
At the heart of the system, compensation responds to a logic of preserving the classic rental stock by obliging the owner to “return” an equivalent property to the annual market when withdrawing a housing unit to convert it into seasonal rental in the most strained areas. This mechanism, perceived as legitimate by the public rapporteur, however, requires standardized criteria, transparent and applicable without discrimination.
The issue of authorization criteria concentrates risks: if the listed conditions are too vague or oriented towards refusal rather than informed decision-making on a case-by-case basis, the regulation risks censure. Conversely, an objective analysis framework (proven tension, precise location, quality of the building, impact on vacancy, balance with the tourism economy) strengthens its legal security and acceptability.
In La Rochelle, a new regulation on tourist rentals in jeopardy: a debate that transcends La Rochelle
This case is part of a national trajectory where regulation of tourist rentals is intensifying. For a reminder of the current guidelines, a useful guide details the obligations and leeway of communities and owners: Regulation of tourist rentals: what you need to know. The fiscal stakes are also evolving, with expected shifts: Taxation of tourist rentals in 2025.
Beyond the law, pressure on tourist territories is reflected in recent news: tensions in coastal or island areas, debates on the balance between attractiveness and local life. For illustrative insight, see the analysis on the season in Corsica: A “black summer” for Corsican tourism?, questions regarding the image of French tourism: Tourism, soft power, and international perception, as well as the resilience of other destinations: Mountain tourism and accommodations.
In La Rochelle, a new regulation on tourist rentals in jeopardy: the public rapporteur demands its annulment
If the jurisdiction follows the conclusions, the Community of Agglomeration of La Rochelle will need to redraw a more robust framework, leveraging the validated elements (necessity to act, compensation) and correcting those deemed deficient (equality of treatment, clarity of criteria). A window for rewriting could open, with support from the experiences of other territories whose tools have been confirmed by the courts.
In the meantime, the sector remains suspended to the upcoming decision. On the owners’ side, some hope for a reduction in constraints or, failing that, a clarification. On the community side, the objective remains to reconcile tourist attractiveness and right to housing, without permanently hindering local economic engines. The local president of the UNPI, Jean-Louis Racaud, did not wish to comment at this stage, a sign of caution commensurate with the stakes.
