Offer free accommodation in exchange for services, what does the law say?

You have an empty room or a small vacant studio and you especially need help at home, a bit of DIY, shopping, childcare, or companionship for elderly people… Housing in exchange for services appeals to you. However, you are not quite sure if it is legal or not. We tell you everything!

Definition

Housing in exchange for services is a type of collaborative rental allowing a host to make all or part of their accommodation available to a third party for free. In return, the supportive cohabitant performs one or more services free of charge.

What the law says

In France, it is legal but little regulated. So you must be vigilant and very clear in your advertisement. Your listing will determine your status itself. Thus, you will either be considered an "au pair employer" or a "host family". This difference implies, depending on possible hiring procedures, social contributions, or even salary.

"In the first case, the hosted person is considered an au pair employee and falls under the collective agreement for private employers. Whereas in the second case, the hosted person is assimilated to a friend or relative. The latter gives you occasional or occasional help." In the first case, the hosted person is considered an "au pair employee" and falls under the collective agreement for private employers. In the second case, the hosted person is assimilated to a friend or relative who gives you occasional or occasional help.

To go further …

French law allows any person, owner or tenant enjoying the use of a property, to host one or more people free of charge. This person is therefore free to host whoever they want as long as the hosted person does not contribute to the rent payment.

The hosting owner or tenant has complete freedom to end this hosting. They can give notice to the hosted person at any time, without having to comply with any formalities.

This service must be entirely free, the payment of rent (even a small amount) would require drafting a rental lease.

Generally speaking, it is preferable to establish a written contract framing the relationship between the two parties.

What to note in the contract?

If you are an au pair employer and regardless of your employee’s mode of remuneration: you receive a person at your home who has very specific skills, often with diplomas related to these. You should then only establish one contract: the employment contract (do not make a lease contract). Also specify that the accommodation constitutes remuneration (partial or exclusive) in kind. As such, it is an accessory to the employment contract. Specify that it must be returned at the end of the notice period provided for the termination of the employment contract. You must also complete a form called "employer declaration for all family jobs" with the Urssaf.

• If your employee has the status of au pair employee, cross out the mentions allowing you to opt for the actual or flat-rate contribution base. Then write "au pair" above.
• When your employee has the status of domestic worker, you must choose an actual or flat-rate contribution base. This must be negotiated with them.

If you are a host family:

Here, we are not talking about work, but about sharing time. You receive a person who is traveling or simply looking for a place to live for a few days or even a few months. This person could give you a hand. This person must be welcomed as a family member, in a logic of exchange. To stay within the legal framework and not hire "under the table", it is important that the hosted person only performs an activity not presumed to be salaried, such as mutual aid or volunteering. The hosted person is then not an employee. They are not paid in cash and have no obligation of profitability. They have no subordination or hierarchical link with their host.

The hosted cohabitant therefore falls under no social protection scheme. They are not protected under this activity. In case of an accident during an activity on a property, they will not be able to receive daily allowances.

They are free to move and live at their own pace. No directive can be imposed on them. No work service can be demanded and their hours are free.

Why a contract?

Nevertheless, making a "contract" allows clearly defining the benefits offered for each. The start and end of the exchange of services for accommodation will be stipulated on it. It is also important to clearly define the schedule set between the different parties. The type of services provided and, of course, the number of hours to be performed. If you exceed the initial schedule, these recurring and undeclared overtime hours could be considered "hidden work". In which case it is better to establish an employment contract, as well as the related payment terms.

Other information to specify

The duration of the hosting and the maintenance of the property in good condition may also be included. But also the respect of the use of the accommodation and the contribution to charges and various expenses (excluding rent). And finally, the house rules if you share your own residence (access to the kitchen, visits of friends and their hours, etc.).

In the case where the hosted person applies for housing in exchange for services and offers their services free of charge to the host who houses them, they cannot provide more than twelve hours of services per week.

However, the hosted person may perform more hours than initially planned. It will then be up to the host to pay them and to formalize an employment contract. With the tenant’s agreement (written is always better), agree on benefits in kind such as meals, laundry, or wifi access.

Don’t forget

Accepting to be hosted for a more or less long stay, whether you are a resident or a supportive cohabitant, means accepting to trade your time and skills in exchange for room and board. It is also committing to a responsible citizen approach.

In all cases:

• The tenant or the person hosted free of charge must imperatively present civil liability insurance. It is included in all multi-risk home insurance contracts, as for a usual rental.
• The host must provide decent accommodation (which complies with the decency standards defined by the decree of January 30, 2002). They must also provide the hosted person with a certificate of their insurance concerning hosting a third party.

Last advice:

The solution of offering room and board in exchange for a bit of help seems fair and advantageous for both the hosted person and the host. However, do not forget that the person who will help does not necessarily have a very specific status, au pair girl, care assistant, or dog trainer. Only the meeting will determine the understanding and the skills offered. Finally, you must be ready to welcome someone into your home. So, it’s better to get along well!

Housing in exchange for services, more than just an experience and free accommodation, is above all a human exchange.