Buying a Property in France
Welcome to our comprehensive Guide to Buying a Property in France, your indispensable on-line resource.
In the attached guidance notes we consider the legal process of buying property in France, including the different types of French sale/purchase poperty contracts (promesse de vente or a compromis de vente), the use of estate agents in France, notaires and legal advisors.
We consider the 'cooling-off' period in the contract, and the conditional clauses that can be included, particularly in relation to getting a French mortgage.
We consider the French property surveys (diagnostic immobilier) that need to be undertaken, such as those for termites, as well as any French property building surveys.
The notaire will also be required to undertake a local planning search (urbanisme) to provide you with a copy of the plan cadastral and consider the pre-emption rights of the local council and the French land agency SAFER. They will also need to satisfy themselves that you will have good title to the French property.
We consider the different forms of ownership of French property, whether en indivision, or en tontine, or through a property company called a Société Civile Immobilière (SCI) as each has important implications in French inheritance law.
We also consider the need to enter into a French marriage contract, called a régime de communauté universelle.
Finally, we consider the fees and taxes that are payable, normally referred to as the frais de notaire.
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We have provided some pages on buying an off-plan French property, called vente sur plan.
We consider the preliminary contract (contrat de réservation) for an off-plan French property, and the deposit (dépôt de garantie that is payable.
We then review the main contract called a Vente en l’état futur d’achèvement (VEFA) for an off-plan French property.
You will need to consider the track record of the French property developer, and the financial guarantees (garantie de remboursement or a garantie d'achèvement) and building guarantees (la responsabilité décennale) they are able to offer. You will also need to take our your own insurance, called la responsabilité décennale.
There are important issues concerning the handover and delivery of an off-plan French property, which you would be well-advised to think about even before works starts on site.
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We consider the process of buying at a French property auction, including the different types of French property auctions, advertising of French property auctions, the auction particulars (cahier des charges), the reserve price (mise à prix ), and the French property auction procedure (vente à la bougie). You also need to consider the possibility of a later overbid (la surenchère) at a French property auction.
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