The change of use

To provide solutions to the difficulties of finding accommodation in the area, the Basque Country Urban Community wished to regulate the development of furnished tourist accommodation.

Since January 1, 2020, the change of use of residential premises is subject to authorization.

Particularly attractive because of its living environment, the territory of the Basque Country Community, on its coastline, is under very high pressure from the point of view of housing. With a significant migratory contribution and a relatively sustained demand for second homes, local households are struggling to find housing. Indeed, the uncontrolled proliferation of furnished tourist accommodation (changes in the use of residential premises) contributes to the worsening of the shortage of housing occupied year-round. In order to ensure that the balance between traditional housing and tourist economic activities is maintained, the CAPB and the 24 municipalities concerned wished to regulate the development of furnished tourist accommodation.

Since January 1, 2020, the change of use of residential premises is subject to authorization according to the regulations voted by the CAPB Community Council on September 28, 2019.

The owner's steps

The owner of a furnished tourist accommodation may be subject to different types of declarations depending on the nature of his premises: 

• The request for authorization to change the use of the furnished apartment :
  The latter is mandatory for all permanent or occasional furnished tourist accommodation from the first day of rental. The main residence cannot be rented for more than 120 days per year, it is not subject to a request for temporary authorization to change use.
  For accommodation located in Bidart, the authorization request form should be sent to the following mailbox: change-usage@communaute-paysbasque.fr  or online by clicking HERE.
  
• The declaration of rental of a furnished tourist accommodation (request for registration number):
  Upon receipt of the temporary authorization for change of use granted by the Mayor of the municipality, you must make the prior declaration of the furnished tourist accommodation to obtain a registration number (it concerns main and secondary residences). It is carried out via the online tourist tax platform accessible from the website of the Bidart town hall.
  Any non-compliant or erroneous declaration will lead to fines of 5000 to 10 euros.
  This number is mandatory for posting an ad on seasonal rental platforms (Airbnb, Abritel, etc.).
   
• The declaration and payment of the tourist tax via the online tourist tax platform accessible from the website of the Bidart town hall.
  The city of Bidart collects the actual tourist tax. The proceeds of the tourist tax are allocated to expenditure intended to promote tourist visits to the municipality.
  Tourist tax is paid by customers of tourist accommodation directly to the host or to the online rental platform (Airbnb, Abritel, etc.).
  
  
• Rental of an annex or accommodation in its main residence (studio or converted garage, etc.).
  In the event of a partial transformation, the division of a dwelling into several smaller dwellings or the creation of an annex on the land of the property, you must contact the town planning department of your municipality.

→ To find out about the different steps to take and to be guided step by step, go to this site of the Basque Country Agglomeration.

To see more clearly

Furnished accommodation - L324-1-1 Tourism Code
Furnished tourist accommodation are villas, apartments or furnished studios, for the exclusive use of the tenant, offered for rent to passing customers who do not take up residence there and who make a stay characterized by a daily rental. , weekly or monthly.

Change of use - L631-7 Code of Construction and Housing
Renting furnished premises intended for housing repeatedly for short periods of time to passing customers who do not take up residence there constitutes a change of use.
This furnished rental is considered an economic activity. Consequently, the owner of the said premises may be subject to prior authorization.

Principal residence
Accommodation occupied for at least 8 months per year, except professional obligation, health reasons or cases of force majeure.

Second home
Any accommodation other than the main residence: vacation home, rental investment, etc.