Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or financial advice. Always consult qualified professionals before making decisions about your French property investments.
If you’ve been following the saga of France’s crackdown on short-term tourist rentals, here’s the headline: the Conseil constitutionnel (France’s highest constitutional authority) has now ruled that your copropriété (co-ownership association) can vote to ban Airbnb-style lettings — and it doesn’t violate the Constitution. The decision, handed down on 19 March 2026, removes the last major legal question mark hanging over the loi Le Meur and gives co-owners across France a powerful new tool.
We covered the mechanics of this law in detail in our earlier article on how your neighbours can vote to ban your Airbnb. This piece focuses on what the constitutional ruling means — and why it matters for British investors with property in French apartment buildings.
A Quick Recap: What Is Article 26, d?
The loi Le Meur (loi n° 2024-1039 du 19 novembre 2024) introduced a new provision — article 26, d — into France’s foundational co-ownership statute, the loi du 10 juillet 1965 (source: legifrance.gouv.fr). Before this law, banning short-term tourist rentals in a copropriété required a unanimous vote of all co-owners. In practice, that meant it almost never happened.
Article 26, d changed the game. It allows the assemblée générale (general meeting) to vote, by a two-thirds majority, to amend the règlement de copropriété (co-ownership rules) to prohibit meublés de tourisme (short-term furnished tourist rentals). But the provision comes with guardrails — it only applies when two conditions are met:
- The lot in question is a secondary residence — primary residences (résidences principales) are excluded.
- The règlement de copropriété already prohibits commercial activity in lots not specifically designated for commercial use — in other words, the building must already be classified as residential in nature.
So we’re talking about residential buildings where someone uses a secondary-residence apartment for Airbnb-style short lets. That is exactly the scenario most British investors with a pied-à-terre in Paris or Nice need to worry about.
Why Was There a Constitutional Challenge?
Because the Conseil constitutionnel had struck down a similar mechanism before. Back in 2014, the loi ALUR tried to give co-owners the power to block short-term rental authorisations on a case-by-case basis — and the constitutional court said no, ruling it was a disproportionate interference with property rights (decision n° 2014-691 DC, 20 March 2014) (source: conseil-constitutionnel.fr).
The drafters of the loi Le Meur were well aware of this precedent. They designed article 26, d to be narrower, more targeted, and harder to challenge. But the question remained: would it survive constitutional scrutiny?
The test came when a co-owner in Caen contested their building’s decision to ban tourist rentals under the new rule. The Tribunal judiciaire de Caen referred a question prioritaire de constitutionnalité (QPC — a fast-track constitutional challenge) on 24 September 2025; the Cour de cassation transmitted it to the Conseil constitutionnel on 18 December 2025; and the decision (n° 2025-1186 QPC) was handed down on 19 March 2026 (source: conseil-constitutionnel.fr).
What the Conseil Constitutionnel Decided
The court upheld the measure. Its reasoning rested on four key points:
- Legitimate objectives. The law pursues two recognised public-interest goals: combating nuisances linked to short-term tourist rentals in apartment buildings, and fighting the shortage of long-term rental housing (source: conseil-constitutionnel.fr).
- Circumscribed scope. Unlike the ALUR provision, article 26, d is tightly limited — it only targets secondary residences in buildings that are already classified as residential. It doesn’t affect primary residences or mixed-use buildings.
- Limited impact. The law only changes the voting threshold — from unanimity to two-thirds majority. It doesn’t create a new power to restrict property rights; it adjusts how an existing power (modifying the règlement de copropriété) can be exercised. And the ban must still be justified by the building’s destination (intended use), subject to judicial review.
- Reversibility. The same two-thirds majority can vote to lift the ban. It’s not a one-way street.
In short: the measure is proportionate because it’s targeted, limited, and reversible. That’s the constitutional green light.
What This Means for British Investors
If you own a secondary residence in a French residential apartment building and you rent it out (or plan to rent it out) on Airbnb, Booking.com, or similar platforms — this decision matters. Your copropriété can now vote to ban that activity with a two-thirds majority, and the courts have confirmed it’s constitutional.
Here’s what you should do:
- Check your règlement de copropriété. Does it already contain a clause prohibiting commercial activity in residential lots? If so, your building falls within the scope of article 26, d.
- Read the ordre du jour (agenda) of your next AG carefully. A vote to ban meublés de tourisme could appear at any general meeting. If you can’t attend, make sure your pouvoir (proxy) reflects your position.
- If you’re buying, factor this in. A building that currently allows short-term rentals might not in a year’s time. This is now a due-diligence item — ask the syndic whether the question has been raised at recent AGs.
- Consider pivoting to long-term letting. The ban only applies to meublés de tourisme. Long-term furnished or unfurnished rentals remain unaffected. If your investment thesis depends on short-term yields, you may need to rethink your strategy for certain buildings.
The Bottom Line
The Conseil constitutionnel‘s decision of 19 March 2026 closes the loop on the loi Le Meur. Co-owners in residential buildings can now ban Airbnb-style tourist rentals by a two-thirds vote, and that power has been validated at the highest constitutional level. For non-resident investors running short-term lets from abroad, this is a clear signal: the regulatory tide in France is running firmly against meublés de tourisme in residential copropriétés. Plan accordingly.
For the full breakdown of the loi Le Meur and how the voting mechanism works, see our detailed article: Your French Neighbours Can Now Vote to Ban Your Airbnb. And if you’re weighing up whether to switch from short-term to long-term furnished letting, our LMNP tax guide covers everything you need to know.
Frequently Asked Questions
Can my copropriété ban me from renting out my apartment entirely?
No. Article 26, d only allows a ban on meublés de tourisme — short-term tourist rentals. Long-term rentals, whether furnished (location meublée) or unfurnished (location nue), are not affected by this provision.
Does this apply to my primary residence?
No. The law explicitly excludes lots used as a résidence principale (primary residence) within the meaning of article 2 of the loi du 6 juillet 1989. You can still rent your primary home on Airbnb for up to 120 days per year — though since the loi Le Meur, municipalities in high-demand zones can reduce this cap to 90 days (source: service-public.gouv.fr). Local registration requirements also apply.
What if my building’s rules don’t currently ban commercial activity?
Then article 26, d doesn’t apply to your building. The provision is limited to copropriétés whose règlement already prohibits commercial activities in non-commercial lots. If your building has a mixed-use designation, the two-thirds majority shortcut isn’t available — any change would still require unanimity.
Can a ban be reversed once voted?
Yes. The Conseil constitutionnel specifically noted that the ban is reversible — the same two-thirds majority that introduced it can vote to remove it at a future assemblée générale.
