An apartment in a ski resort rarely belongs to a standalone building. More often it sits within a co-ownership (copropriété), sometimes within a tourism residence, where owners with divergent uses coexist: occasional residents, buy-to-let investors, families attached to the tranquillity of the place. In this context, the ability to let your property on a short-term basis is not an unconditional right. It depends on the co-ownership rules, on the decisions of the general meeting and, now, on a framework reinforced by the Le Meur law.
This article clarifies the rules that apply to short-term letting within a co-ownership, so that an owner can commit with full knowledge before marketing their property.
The co-ownership rules: the reference document
The first document to examine is the co-ownership regulations (règlement de copropriété). This text sets out the rights and obligations of each co-owner, defines the intended use of the building and may restrict certain uses of the private lots.
Two clauses deserve particular attention when considering seasonal letting.
The "bourgeois residence" clause
Some regulations contain what is known as a bourgeois-residence clause (clause d'habitation bourgeoise). In its strict version, it reserves the use of the lots for residential purposes and prohibits any commercial or professional activity. Furnished tourist letting, by its nature and frequency, may be treated as an activity of a commercial character and run up against such a clause.
Interpretation depends on the exact wording of the regulations and on the applicable case law. An "exclusive" bourgeois-residence clause is more restrictive than a "mixed" clause, which tolerates certain activities. Before any letting, careful reading of this clause is essential.
The intended use of the building
Beyond the residence clause, the building's general intended use frames the possible uses. A tourism residence, designed from the outset to accommodate short-stay guests, in principle offers a favourable setting for short-term letting. Conversely, a conventional residential building can prove far more restrictive.
What the Le Meur law changed for co-ownerships
The Le Meur law (law no. 2024-1039 of 19 November 2024) significantly reinforced the role of the co-ownership in regulating short-term letting. Where the decision often rested on the owner's initiative alone, the body of co-owners now has more explicit levers.
The general-meeting vote
Among the contributions of the Le Meur law is the possibility for the general meeting to rule on the authorisation of short-term letting within the building. The question can be placed on the agenda and put to a vote. Depending on the case, the meeting may frame, condition, or even refuse the practice.
This change responds to a demand from many co-ownerships facing disturbances: high turnover of occupants, intensive use of common areas, neighbourly difficulties. It gives the collective body a regulatory power that it previously exercised only imperfectly.
The possibility of a ban through the regulations
The law also confirms that the co-ownership regulations may prohibit short-term letting, notably through a bourgeois-residence clause. Amending the regulations to introduce such a ban is subject to specific majority rules at the general meeting. An owner must therefore follow their co-ownership's decisions closely, since the framework applicable to their property may change.
Reading recent general-meeting minutes
Because the applicable framework can shift from one annual meeting to the next, the minutes (procès-verbaux) of recent general meetings are a document no owner should overlook. A resolution adopted last season may have introduced conditions, a registration requirement or an outright restriction on short-term letting. An owner who is unaware of it exposes themselves to a dispute they could have avoided.
Reviewing the minutes also reveals the temperature of the co-ownership on the subject. A building where the matter returns to the agenda year after year, or where owners have voiced complaints, is more likely to tighten its rules. Reading these documents before acquiring or before launching a letting activity is a basic precaution, and one that a professional manager carries out as a matter of course.
Other obligations not to overlook
The co-ownership framework combines with administrative and regulatory obligations specific to tourist letting:
- town-hall declaration: most tourist municipalities require a declaration, sometimes accompanied by a registration number to display in listings;
- the nights cap for a main residence: the Le Meur law allows municipalities to lower the letting cap for a main residence from 120 to 90 nights per year;
- the energy performance diagnostic: the Le Meur law progressively generalises the DPE requirement for tourism accommodation;
- tax rules: income from letting remains subject to the BIC regime, with the associated reporting consequences.
These obligations add to the co-ownership rules and form a whole that an owner cannot ignore without risk.
Tourism residences and collective management: a particular framework
A tourism residence differs from a conventional co-ownership in its organisation. Designed to accommodate guests on stay, it often combines private lots with shared services, reception, maintenance, sometimes para-hotel services. In some residences, a single operator markets all the lots under a commercial lease. This configuration, common in older tax-incentive schemes, tightly frames the owner's freedom: letting is managed collectively and the owner receives rent from the operator.
Other residences, by contrast, leave each owner free to manage their lot, subject to the co-ownership regulations and general-meeting decisions. It is therefore essential to pin down the exact status of the residence before considering independent letting. A property bound by a commercial operating lease does not offer the same latitude as a freely managed lot.
The question arises with particular sharpness at the expiry of a commercial lease. An owner who regains free use of their property must then re-examine the whole applicable framework: co-ownership regulations, the building's intended use, reporting obligations and recent general-meeting decisions. This pivotal moment often justifies the support of a professional manager.
Disturbances, common areas and the owner's responsibility
Short-term letting engages the owner's responsibility towards the co-ownership. Frequent comings and goings, use of lifts, ski lockers or common areas by short-stay guests can create tension. The co-ownership regulations require respect for tranquillity and the proper use of common areas, and the owner is answerable for disturbances caused by their guests.
Anticipating these matters is part of responsible management. House rules given to guests, clear guidance on noise and timing, a rigorous inventory of fixtures and prompt handling of incidents markedly reduce friction. Professional management builds these dimensions in and thereby preserves the relationship with the co-owners' association, a condition of durable letting.
The steps to take before letting in a co-ownership
To secure the short-term letting of a property within a co-ownership, a methodical approach is required:
- read the co-ownership regulations and identify any restrictive clause, in particular the bourgeois-residence clause;
- check the building's intended use and, where relevant, its status as a tourism residence;
- consult recent general-meeting minutes to spot any decision relating to short-term letting;
- complete the administrative declarations required by the municipality;
- ensure compliance with the applicable tax and energy obligations.
This diligence avoids unpleasant surprises: a dispute with the co-owners' association, an injunction to cease the activity, or an administrative penalty can durably undermine a property's returns.
Information current as of July 2026, indicative data that does not constitute personalised advice, verify with a professional.
Entrust your property to Serava
Navigating between co-ownership regulations, general-meeting decisions and regulatory obligations calls for method and rigour. Serava provides compliant management, checking the rules applicable to your property in advance and centralising your documents in an owner portal accessible in real time. To assess the compliance and rental potential of your apartment, request a free assessment.