Phase 2 · Bringing the Property into Compliance

Change in Use

A permit is required only where the municipality has established such a requirement; this is not currently the case in Toulon, but it could change by a simple resolution.

The change in land use is the most talked-about issue in short-term rentals—the one making headlines in Paris, Nice, and Marseille, with its permits, compensation, and quotas. Where does Toulon stand on this? This page provides an update, explains what would happen if the city were to take the plunge, and outlines who is responsible for monitoring what.

What exactly does this involve? Converting a residential unit into a furnished vacation rental constitutes a change of use. Some municipalities require prior authorization; the decision rests with the city council and can be made at any time by a simple resolution.

Landmark

Toulon has not implemented this procedure; therefore, no authorization to change the property's use is currently required to operate a furnished vacation rental in the municipality.

What Would Change If Toulon Were to Implement It

Consequence

Details

Prior Authorization

Required before any new rental listing

Projected Energy Demand

A minimum energy performance certificate (EPC) is now a requirement for obtaining a rental permit for new rental properties

Compensation Possible

Some municipalities require that an equivalent area be converted into residential space

Quotas

The municipality may set a cap on the number of furnished vacation rentals per neighborhood

Good to Know

As of now, Toulon is one of the municipalities where you can still set up a furnished vacation rental without prior authorization. This is a real advantage for your vacation rental project; it must be verified every year, not just once and for all.

The Mistake to Avoid

Underestimating the penalty. A civil fine of up to €100,000 per premises applies to unauthorized changes in use, and the same fine now applies to anyone who aids in the violation through brokerage or service activities—including us. This issue is taken seriously by both you and us.

Points to Watch For

Do not confuse these three procedures. Filing a declaration with the town hall, national registration, and authorization for a change of use are three separate processes, each with its own timeline. Section 2.1 covers the first two.
The decision could be made at any time. A vote by the city council is all that’s needed: an annual review is the minimum requirement, and it’s best to do this before each season as a precaution.
The Energy Performance Certificate (EPC) may become a requirement for obtaining a permit. Planning energy-efficiency improvements for a property rated F or G in advance protects your project, regardless of Toulon’s timeline. Section 7.4 discusses renovation work.

Warning

You are responsible for the annual review: the contract places this responsibility on you and excludes any obligation to provide advice on regulatory changes. We will inform you of what we know, but it is your responsibility to monitor official developments.

Frequently Asked Questions

Can Toulon implement the procedure overnight?

By resolution of the city council, at any time. That is precisely why the annual audit is one of your obligations, and why we are passing along what we have learned.

What would happen to my business if the procedure were implemented?

The table above pertains to new rental listings. For a property that is already being rented out, everything would depend on the terms of the resolution: that is exactly what we would review with you when the time comes.

Who faces a fine of 100,000 euros?

A property owner who operates the property in violation of zoning regulations, and now anyone who aids in the violation by providing intermediary or other services, including concierge services. No one has any reason to take this rule lightly.

Are "change of use" and "change of purpose" the same thing?

No. "Use" pertains to housing and the municipality, while "designation" pertains to zoning regulations. The two concepts overlap but are not the same, and section 7.5 clarifies the distinction between them.