Buying a flat in Nice “with Airbnb authorisation”: what actually transfers

A temporary authorisation stays with the seller

The metropolitan regulation of 22 June 2026 grants owners a temporary change-of-use authorisation of 5 years, non-renewable, limited to one per owner and per tax household. It is personal: it cannot be sold or transferred. When the seller sells the flat, the authorisation does not pass to the buyer.

A buyer who wants to let the property short term as a second home must therefore file their own application. If the address is in one of the four quota zones, they join the queue for capped authorisations (691 in 2026), granted first come, first served for complete files. A buyer who already holds a temporary authorisation for another home cannot obtain a second one.

Compensation: the authorisation that follows the property

Compensation is the other route: the owner converts an equivalent area that was not housing (an office or a shop) into housing, anywhere in Nice. The resulting authorisation is permanent and attached to the property: it transfers to the buyer. It is the only “Airbnb authorisation” with real resale value.

A property authorised through compensation logically sells for more than an identical one without it. Ask for the change-of-use decision, check that it covers the property being sold (address, lot, floor area) and that it is not a temporary authorisation.

What to check before making an offer

Before any offer on a property intended for short-term letting in Nice:

• The kind of authorisation, if any: temporary (personal, not transferred) or compensation (attached to the property).
• The exact address: quota zone or not. Outside the 39 quota areas there is no cap on authorisations. Check an address.
• The energy rating (DPE): issued after 30 June 2021 and rated A to E to apply; at least D from 2034.
• The building rules and recent general meeting minutes: since the Le Meur law, a building whose rules restrict use to housing can ban holiday lets by a two-thirds majority.
• Actual income: the last twelve months of Airbnb statements, guest ratings and running costs. They show the potential of the address, not a right to let.
• The fallback: the property must still pay off as a mobility lease, a flat-share or a year-long let if the authorisation is not granted.

Getting support

Arno Joyeux, property adviser at Cabinet Immobilier Nice and founder of La Joyeuse Conciergerie, checks these points for every property before an offer and works out its return under four strategies. The analysis is free: contact Arno.