A tenant may run his/her business from a residential rental and the landlord cannot prevent him/her to do so, providing that:
- the property is the tenant’s sole or principal residence,
- and he does not receive clients or merchandise at the property.
Please note that in such a case, there is a risk that the tenant may lose the protection given by the law of 1989 status (see section re "The rental agreement for unfurnished properties") if the property is not at least partially used as a main residence.
With regard to the planning authority, as a general rule, you do not need to file an application to request a change of use if you intend to run your business from your home provided that the property continues to be your home, you are not employing staff at the property and you will not receive visitors or goods
Otherwise (for example, if you intend to receive goods or clients at the property), then you are required to make application to the local mairie/préfecture for joint use of the property for professional and residential activity. Please note that if such authorisation is required, it will normally be personal only, so will not run with the property if and when you sell it.
Also, whether or not such an application is required, you are advised to consult the City Hall Council (mairie/prefecture) or your legal adviser if you consider the activities may cause a potential problem with your neighbours. Indeed, whatever right you may have to run a business from your home, your neighbours can still bring a legal action in the event that your business activities are causing a nuisance.
In addition, if you live in a block of flats or other shared accommodation (copropriété), you cannot exercise any professional activities if the management regulations (réglement de copropriété) relating to the property do not permit you to do so. You need to check on the règlement de copropriété. You need to inform the Syndic that you intend to run your business at home.
Furthermore, other than the need for planning consent, depending on the type of business you propose to start, you need to consider other regulatory requirements of your proposed business activity (such as those concerning health and safety and food hygiene).