The 90-Day Schengen Rule

For international buyers from outside the European Union, whether British, American, Australian, Canadian or any other nationalities, the purchase of a new build property in France raises one of the most practical questions of ownership: how long can you actually stay?

Whether you are buying a ski chalet in the French Alps, a villa on the Côte d'Azur, or an apartment in a Riviera resort, the answer is governed by the same regulation: the Schengen Area's 90/180 rule. Widely misunderstood and, when ignored, capable of carrying serious consequences, this guide sets out clearly what the rule means, who it affects, and how to structure your ownership to stay fully compliant while making the most of your investment.

What Is the 90/180 Rule?

The Schengen Area comprises 27 European countries including France, Italy, Spain, Germany, Switzerland, Austria and the Scandinavian nations within which there are no internal border controls. For nationals of non EU countries who do not hold a long-stay visa or residency permit, the rule is clear: you may stay for a maximum of 90 days in any rolling 180-day period.

Critically, this is not a calendar year limit that resets on 1 January. The 180 day window rolls continuously, meaning the clock never fully resets. Every day you spend in any Schengen country not just France counts toward your 90-day allowance.

Who Does It Affect?

This rule is now a live and important issue for British nationals, who represent a significant share of buyers across both the French Alps and the French Riviera. Prior to January 2021, UK citizens enjoyed the same freedom of movement as EU nationals. That right no longer exists following the UK's departure from the European Union, and British buyers must manage their stays in exactly the same way as any other non-EU national.

US citizens, Australians, Canadians and nationals of most other non-EU countries have always been subject to the rule, though enforcement was historically inconsistent. Since Brexit brought considerable media attention to Schengen limits, both border checks and public awareness have increased markedly, whether you are arriving at Nice Côte d'Azur Airport for the summer season or at Geneva or Grenoble for the ski season. It is no longer a technicality that can be quietly ignored.

How to Calculate Your Days

The 180-day window looks backwards from any given day, not forwards. To check your position at any point, count back 180 days from today and calculate how many days you have spent in the Schengen Zone during that period. If the total is below 90, you may enter and remain. If you are at or near the threshold, you must leave and wait until earlier days fall outside the rolling window.

The European Commission provides an official Schengen calculator at ec.europa.eu/home-affairs. Keeping a simple travel diary, logging dates of entry and exit across all Schengen countries is strongly recommended for any non-EU property owner in France.

What This Means in Practice: French Alps vs French Riviera

The practical impact of the 90-day rule differs depending on how and when you use your property and this varies considerably between the French Alps and the French Riviera.

French Alps - Ski Season Pressure

The Alpine ski season runs from approximately mid-December through to the end of April, a period of roughly 18 to 20 weeks, or 126 to 140 days. This comfortably exceeds the 90-day allowance on its own, before accounting for summer visits. Most non-EU Alpine owners structure their stays carefully, splitting the season with planned absence periods or pursuing a long-stay visa. One detail that catches many buyers by surprise: Switzerland is a full Schengen member. Days spent skiing in Verbier, Saas-Fee or any other Swiss resort count toward your allowance in exactly the same way as days in France.

French Riviera - Year-Round Temptation

For Riviera property owners, the challenge is different: the appeal of the Côte d'Azur spans the entire year, from the peak summer season through mild autumn and warm spring. The risk for owners of villas and apartments in Cannes, Nice, Antibes, Mougins or Cap d'Ail is not a single concentrated season but a series of shorter visits that quietly accumulate. A week at Easter, two weeks in July, a long weekend in September, a return in November, these add up faster than many owners expect when tracked against a rolling 180-day window.

Extending Your Stay: The Legal Routes

For non-EU buyers who wish to spend more than 90 days in France in any given period, several visa and residency pathways exist. Each has different eligibility criteria, obligations and timescales, and specialist immigration advice is recommended before applying.

Long-Stay Visitor Visa (Visa de Long Séjour - Visiteur)

The most accessible option for retirees or those with passive income who do not need to work in France. Applicants must demonstrate sufficient financial means and hold private health insurance covering the full duration of their stay. The visa is valid for up to one year and is renewable. It does not permit employment in France but places no restriction on enjoying a property you own.

Long-Stay Talent Passport (Passeport Talent)

Available to entrepreneurs, investors, researchers and certain qualified professionals, the Talent Passport provides a route to longer-term residence in France. The investment route requires the creation of, or significant investment in, a French company. Eligibility criteria are specific and the process more involved than the visitor visa, but it is a well-established pathway for high-net-worth buyers with business interests.

Carte de Séjour - Temporary and Permanent Residency

After holding a long-stay visa for one year, non-EU nationals may apply for a temporary residency card (Carte de Séjour Temporaire). After several years of continuous legal residence, permanent residency becomes available. Full French residency confers unrestricted rights of stay, though it brings French tax residency obligations, a factor that requires careful advance planning with a tax adviser familiar with cross-border structures.

Turning Constraint into Opportunity: Rental Income During Absence

For property owners who cannot remain in France for the full period they might wish, the 90-day rule creates a natural incentive to generate rental income during absences. This applies whether you own a ski apartment in La Plagne, a chalet in Morzine, a villa in Mougins or an apartment in Cannes. A well-located new build property, particularly within a managed résidence can be let through professional rental management companies, producing income while ensuring the property is maintained, supervised and kept in excellent condition.

Under the LMNP (Loueur Meublé Non Professionnel) furnished letting tax regime, rental income can be subject to highly favourable tax treatment. Under the Régime Réel accounting method, buyers can deduct the depreciation of the property and its fixtures against rental income substantially reducing the taxable portion. In many cases, owners in this regime pay little or no income tax on their French rental earnings for a significant period after purchase.

This dual-use model, personal enjoyment within the 90-day window, rental income during absence is one of the most compelling financial arguments for new build over resale, whether in the Alps or on the Riviera. New build properties in managed résidences are purpose-built for this approach, with professional on-site management, dedicated booking infrastructure and centralised housekeeping in place from the moment of delivery.

Practical Checklist for Non-EU New Build Property Owners in France

• Track your Schengen days carefully - use the EU's official online calculator at ec.europa.eu

• Count all Schengen countries, not just France - Switzerland, Italy, Spain and Austria all apply

• Keep a travel diary with precise dates of entry and exit across all Schengen territory

• Be especially vigilant if you split time between the Alps and the Riviera - both accumulate days

• Explore the long-stay visitor visa if you wish to spend extended or consecutive periods in France

• Consider a managed résidence new build to generate rental income during enforced absences

• Take specialist immigration advice before applying for any long-stay visa or residency permit

• Consult a notaire or tax adviser regarding LMNP status if you plan to let your property

• Factor Schengen limits into your annual travel calendar well in advance of booking flights

The 90-day rule is a practical reality for non-EU buyers of French property but it need not be a barrier to ownership or enjoyment. With clear planning, accurate day-tracking and the right property structure, international buyers can fully enjoy their Alpine chalet or Riviera villa within the rules, while ensuring their investment continues to generate returns during their absence. At Halle International, we specialise exclusively in new build and off-plan properties in the French Alps and the French Riviera, and we guide international buyers through every practical and legal dimension of ownership in France.

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