A new decision from the Court of Cassation clearly indicates the possibility of opening a guest room in the condominium.
B & B in palaces: the phrase
After having proven itself on several occasions in favor of the opening ofa B&B in a building of apartments, the Court of Cassation seems to have taken its footsteps again. With the recent judgment No.109 of January 7, 2016, it ruled that an apartment cannot be allocated to a hotel, rental or similar use if the condominium regulations prohibit use destinations other than those housing.
The reason ? For cassation, the activities of guest houses, hotel service and bed and breakfast are similar to each other and are all incompatible with the destination of a condominium apartment to use. As a result, if the contractual regulations of the condominium prohibit condominiums other than the residential use of their apartment, it will not be possible to undertake any of the activities mentioned, without prejudice to the unanimous consent of all the condominiums to authorize the condominium. even in the presence of the ban.
On the other hand, under the previous orientation, the Court of Cassation admitted without restriction the activity of guest houses and guest houses, considering that these activities did not imply any modification of the intended use of the properties used. as civilian accommodation. The opening and launching of these activities were not even submitted to the condominium meeting for approval. This is of course a change welcomed by hoteliers, who observe with concern the growth of bed and breakfasts in buildings without rules or controls.
Bed and Breakfast activities in the condominium
How theactivité Bed & Breakfast must it be carried out when it is admitted by the co-ownership? It must obviously take place in accordance with the rules of peaceful coexistence of condominiums and must not give rise to entries exceeding normal tolerability or involving a disruption of professions or of the rest of the people. In the absence, it will be possible to act in accordance with article 844 CC when the noise and other inputs exceed the normal tolerance.
On the other hand, for the same activity as a B&B, you must respect the relative requirements to the quality of the accommodation. Unfortunately, apartments do not always have the minimum requirements necessary to guarantee efficient and appropriate hospitality. The regulations require that:
- the rooms have a minimum area of 8 square meters per user, 24 square meters if the people who need hospitality are two, 20 square meters for three users
- are furnished to allow overnight stays and breakfast.
Among the requirements of the point, not to exercise the activity of the bed and breakfast for three months a year (not even consecutive) and to make available to customers a maximum of three rooms for a total of six beds.
If the activity takes place beyond the aforementioned limits, it will be necessary to set up a guesthouse structure that offers greater rigor from the point of view of administrative and fiscal obligations. However, the owner is required to communicate the details of the guests to the public safety authorities.
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