Coliving is becoming increasingly popular, but what rules govern this innovative lifestyle? Explore the key legal aspects you need to know to make the most of this modern shared living concept. Whether you’re a property owner, manager, or resident, here’s your comprehensive guide to coliving regulations in France.
What is coliving? Navigating the legal definition
Coliving’s unique legal status in France
Coliving combines traditional housing with hotel-like services, giving it a distinct and sometimes complex legal identity. In France, coliving is governed by furnished rental agreements under the July 6, 1989 law, amended by the ALUR law. Each tenant typically signs an individual lease agreement for their room within fully equipped shared apartments.
How coliving differs from traditional flatsharing
Coliving and flatsharing might sound similar, but they’re quite different:
- Lease agreements: Unlike traditional flatsharing, where tenants often share a single lease with a joint liability clause, coliving usually involves individual leases. At Colivys, we ensure our tenants are only responsible for their own agreements.
- Services included: Coliving offers additional services like fully equipped communal spaces, events, cleaning services, and even access to coworking spaces nearby. These are rarely part of traditional flatshares.
- Fully furnished spaces: Coliving apartments come with everything you need, from the essential microwaves and beds to dishwashers and dryers. All you have to do is unpack your bags.
Coliving and urban planning laws
Setting up a coliving space requires compliance with urban planning rules. In some cities, converting a property into coliving may require a change of use authorization, shifting the property’s classification from “residential” to “commercial and service activity,” or vice versa. This can alter the applicable urban planning requirements.
Additionally, many French cities require coliving projects to include a certain percentage of social housing to promote diversity. At Colivys, we actively collaborate with social (or not) housing providers to meet these requirements.
Guidelines for coliving property owners and managers
Safety and hygiene standards
Operating a coliving space comes with strict safety and hygiene obligations, blending aspects of traditional rentals and hotel services. At Colivys, we prioritize:
- Safety: Ensuring electrical installations are up to code, particularly in kitchens and bathrooms, and adhering to fire safety standards.
- Hygiene: Keeping accommodations clean and maintaining shared spaces regularly.
- Inspections: Conducting mandatory periodic equipment checks to ensure everything remains in good working order.
Common area regulations
To ensure tenants’ comfort and safety, property managers must comply with specific rules for shared spaces:
- Clear communication: The size and features of shared spaces must be clearly defined.
- Fire safety: At least one smoke detector is required in common areas, compliant with EU (CE) or French (NF) standards.
- Cleanliness and maintenance: Tenants are responsible for keeping shared areas clean and respecting communal equipment.
- House rules: These should outline standards for community living, usage of shared spaces, and respect for neighbors.
Tax considerations for coliving spaces
Tax rules for coliving are similar to those for furnished rentals. Income generated is classified as Industrial and Commercial Profits (BIC). Coliving investors can qualify as Non-Professional Furnished Rental Landlords (LMNP) and choose between two tax regimes: Micro-BIC or Real Regime.
For professional operators, including Colivys, coliving spaces may fall under para-hotel taxation if they meet specific criteria such as providing regular cleaning, linens, client reception, and breakfast. Alternatively, they may follow standard corporate tax rules.
Tenant rights and responsibilities in coliving
Key points of a coliving lease
At Colivys, tenants sign individual leases, avoiding joint liability clauses. According to the July 6, 1989 law, coliving leases must include:
- Names of the parties involved
- A detailed description of the property (location, size, features)
- Lease duration (often flexible and short-term)
- Rent and charges (including a breakdown of included services)
- Community living rules
- Conditions for lease termination and security deposit refunds
- Terms of shared space usage
- Details of included services (e.g., internet, cleaning, gym access)
Protecting privacy in shared living
Community living shouldn’t compromise your privacy. Coliving managers must:
- Comply with GDPR: Inform tenants about how their personal data is used and obtain explicit consent.
- Ensure confidentiality: Keep records of data processing, define retention periods, and allow tenants to access, correct, or delete their data.
- Implement strong security measures: Use encryption, limit access, and prepare for potential data breaches.
Managing conflicts among colivers
Maintaining a positive community atmosphere is essential. Here’s how conflicts can be addressed:
- House rules: Clear rules provide a framework for resolving disputes.
- Open communication: Encourage tenants to discuss issues directly with one another.
- Mediation: If resolving conflicts proves difficult, it may help to involve a neutral third party (such as a staff member from the coliving company or an uninvolved housemate) to ensure fairness. Arrange the meeting in a neutral, comfortable setting—like a café or the coliving company’s office—and ensure that discussions remain confidential. Tenants should also demonstrate mutual respect throughout the process.
The future of coliving regulations
Ongoing legislative changes
Coliving is rapidly transforming shared housing in France, especially for young professionals and students. However, it is sometimes mistakenly grouped with short-term rentals. The Le Meur Law, adopted in November 2024, may impact coliving spaces by tightening regulations on short-term furnished rentals. As the legal framework evolves, it will aim to support this growing market while protecting tenants.
Urban development and coliving
Coliving’s growth is reshaping urban landscapes:
- Local urban plans: Cities are beginning to create dedicated categories for coliving spaces to clarify their legal status.
- Densification and mixed-use spaces: Large homes in urban areas are being transformed to accommodate more tenants while integrating coworking spaces and gyms.
- Innovative design: Renovating properties to include shared multifunctional spaces helps meet the needs of modern tenants.
Toward european standards
After gaining popularity in America and Asia, coliving is now spreading across Europe, prompting efforts to create and harmonize regulations. Key steps include:
- Sharing best practices across countries: In France, coliving rules are currently aligned with those for furnished rentals, unlike other parts of Europe. For example, while cities like Paris, Bordeaux, and London adopt flexible approaches favoring coliving development, stricter rules on shared housing and short-term rentals apply in cities like Barcelona and Berlin.
- Developing common standards at the European level: Discussions are underway to establish a legal definition for coliving, distinguishing it from traditional and tourist rentals. The goal is also to set standards for shared spaces, offered services, and safety requirements.
- Aligning national laws with European standards: In an effort to align national practices with emerging European standards, France is exploring specific frameworks for coliving, which could involve revising urban planning codes, updating safety norms, and introducing tailored fiscal policies.
Staying informed
Keep up with coliving regulations by:
- Following industry publications.
- Visiting government housing websites like Dihal, Anah.gouv.fr, and agence-cohesion-territoires.gouv.fr.
- Attending real estate innovation events like RENT and SIMI.
With this guide, you’re ready to navigate the world of coliving with confidence. Remember, regulations are evolving, so stay informed to make the most of this innovative lifestyle.
