How to Buy a Property in France in 2025

The French property market has one of the safest systems for buying and selling property in Europe. The process is very controlled and strict, which protects the buyer very well.

In spite of that, that doesn’t mean that everyone follows the same rules when it comes to the contract or who writes it. Because of the way the laws work, buyers are legally bound to the deal much earlier than in the UK. This makes the first contract very important.

Some real estate brokers and notaries offer services in both English and French, but a lot of formal paperwork is only in French and uses often complicated terms that buyers from other countries are not likely to fully understand. Inheritance problems may also need to be thought about, which could change the choice of ownership arrangement.

 

Also, no matter what the laws are, they all depend on the people involved in the deal being honest and competent, which can never be guaranteed in any country.  Because of this, buyers need to be smart and very careful about how they act.

You can read the whole guide at Guide to Buying Property in France below.

1. The Best Advice

The regulation process is pretty easy to understand, and the method for registering land is safe. Here are best tips for you to take note of when planning to buy a house in France in 2025,

• Usually, though, it goes forward without you hiring your own lawyer, so you need to be smart.
• It might be worse to know a little French than not to know any at all, because it could give you a false sense of security. You might want to get help translating. Translation, on the other hand, can’t cover what’s not in the contract, which is often more important.
• Legal fees and taxes that come with buying something are not small, so you need to make sure that you include them in your budget for the total cost of the purchase.
• You may also be asked to pay the real estate agent’s fee. If you agree to do so, you could negotiate the total price of the property to lower your payment.
• Pay close attention to what’s written in deals. Make sure they say that the offer is subject to certain conditions that will be spelled out in a purchase and sale agreement.
• The original sale and buy contract is very important. It will be the legal basis for the whole deal, so don’t take it lightly.
• Authorized real estate brokers can write the sale and purchase contract, but because they work for the seller, you can’t be sure that it will meet your needs and protect your interests fully. The ONLY time you should sign something is in front of a notaire and on a contract that they made.
• You can choose to have your own notaire handle the deal instead of using the same notaire as the seller, which is also something we strongly advise. As an alternative, or in addition, hire an expert lawyer from your own country to help you.
• Before you sign the contract, you must do your own research on the property. The notaire will not check everything you need to know.
• Please ask your notaire what they think if you aren’t sure if you are paying too much or if you have other worries. They are required by law to give advice and will know what homes are going for in the area.
• You must include a conditional language in the sale deal if you want to get a mortgage to buy the house.
• You should also add any necessary conditional phrases about plans and other things.
• The seller has to tell you a few things by law, which you should check with the notaire and make sure are written into the contract correctly. For example, they have to tell you about big defects, tenancies, easements, and new projects in the area.
• Find out exactly what the property lines are, who owns the fences and walls that surround the land, and who is responsible for upkeep.
• Check to see if there are any neighbor issues. Ask the seller to explain this in front of the notaire and write it into the contract.
• The same goes for big projects that are planned for the area; the estate agent or notaire may not always let you know about them, even if they are close to the property.
• Make sure that the seller and the real estate agent’s spoken promises are in line with the terms of the written contract.
• A number of required survey records must be given by the seller. Keep in mind that these polls are not the same as full building surveys, so don’t depend on them too much.
• Try to get any language out of the contract that protects the seller from being held responsible for hidden or latent flaws.
• If the owner has made big changes to the house, like adding on or changing the facade, make sure that building permission was gained through a notaire or lawyer.
• Check with your notaire or lawyer to make sure that the property’s planning status allows you to make any changes you want, like adding a swimming pool.
• Figure out who is responsible for paying their share of the annual rate bill and write it down in the contract.
• Ask the seller if they own any extra land or buildings next to the property that aren’t part of the sale. Also, try to get a clause in the sale deal that gives you the right to buy the property before anyone else does.
• You don’t have to put down 10%; a smaller amount is also fine, so you might be able to get away with putting down less.
• Find out from the seller what furniture and fittings will stay in the house, and have the notaire sign off on them in the sale contract.
• If you are a pair who is not married, you must buy together to protect either of your interests.
• If you are married and want your living partner to get everything from your estate, you need to take the right steps, like getting a French marriage contract or using the European Succession Regulations to plan your inheritance.
• If you are not married or are buying with a group of people who are not connected, you might want to use a Société Civile Immobilière (SCI), which is a property company. However, this is not the only way to buy a home.
• Make sure that the deed of sale correctly rewrites the terms of the purchase and sale agreement, especially when it comes to rights, conditions, and responsibilities.
• If possible, check the property on the day of finish or the day before to make sure everything is as it should be, especially the fixtures and fittings.

 

2. An “offer to buy”

If you make a seller an offer to buy their property (even if it’s just over the phone) and the seller takes it, then you have a binding obligation as long as the main terms of the deal are clear.

In this way, Article 1113 of the Civil Code says:

“A contract is made when an offer and an acceptance meet and both parties say they want to be bound by the terms.” This desire could come from something the person doing it says or does that isn’t clear.

 

The UK has something called a “sale subject to contract.” France does not have this.

An offer d’achat is an official written deal that you may be asked to make by a real estate agent or seller. For this, a form that has already been made is often used.

If the other person takes your offer, you have a contract, but it may have terms that are written into the offer.

It’s not often that a seller will try to enforce a contract in this way, but you should be careful about accepting an offer to buy something that isn’t conditional.

You might want to write an offer to secure the property, but if you do, make sure it says that the sale is contingent upon the creation of a sale and purchase agreement that spells out all the terms.

At Offer and Acceptance on French Property, you can read more about a court case where this problem came up.

As a buyer, you have ten days to back out of the deal without being charged any fees after the sale and purchase contract has been signed. This is one of your main protections under the law. There’s more to say about this on other pages.

This cooling off time doesn’t apply when buying a single building plot or when buying through a SCI, which is a French real estate company.

 

When someone makes an offer to buy something, the law says that the seller or agent can’t ask for a deposit.

 

For this reason, do not give any kind of deposit to the owner or the estate agent under any circumstances if you sign an offre d’achat.

You should only give a deposit when you sign the deal to buy and sell something.

3. Sale & Purchase Contract

3.1. Types of Contract

Two main types of contracts can be used:

• Promesse de Vente
• Compromis de Vente

In real life, there isn’t much difference between them. We’ll talk about each one in more depth below.

The way they are made is very different. A promesse can only happen through a notaire, but a compromis can happen between two people or through an estate agency.

Both types of contracts are used by notaries, but the compromis is the more popular type and is better because it clearly outlines both parties’ obligations. With the promesse, this is not the case.

Even though the two kinds of contracts may be very similar in what they say, notaries and real estate managers use their own standard forms of contracts, which may be better for one party over the other.

So you need to be aware of the conditions that may be in the contract. This is especially true for conditional phrases (conditions suspensives) or hidden defects (vice cachés). Those factors that might not be in the deal could be just as important!

Do not think that all of these contracts are the same; they are not. We have seen contracts that are very different in how much information they have.

Even though they are different, each notaire (or real estate agent) will have a standard form that they will use for most deals. In many legal groups, people are worried that standard terms of contract are used too often. They say that all contracts should be written in a way that makes it clear what the parties wanted.

 

Do not believe that you have to agree to it just because it is a common type of contract or because it is fair. From what we’ve seen, normal contracts tend to be better for the sale. You need to make sure it has all the terms you need, like mortgage, planning, condition, entry, easements, and so on.

Also, pay attention to the words that are used. People sometimes call these kinds of contracts “avant-contracts,” which sounds like the papers came before the real contract. Do not be fooled by a wrong understanding of the term; this is not true.

You have to buy the property once you sign either type of contract, as long as the 10-day “cooling off” time has passed and there are no other terms in the contract.

In this case, Article 1589 of the Civil Code says, “A promise to sell is a promise to sell when both parties agree on the item and the price.”

The contract process is very important and should not be taken easily. Both parties will have to follow the rules written in the contract. Even though a transfer will be made later, the notaire cannot change any of the terms of the original contract, either by leaving something out or adding something to it.

 

Many foreign buyers don’t fully understand this point. They may see a house and then sign the contract with an estate agent quickly, without giving it much thought. Most of these contracts are common, which means they might not take your specific needs into account.

3.1.1. Promesse de Vente:

A promesse de vente is an offer by the seller to buy the property that the buyer can accept.

But since October 2016, the seller can legally enforce the sale. This means that it isn’t useful for the buyer as much as it used to be.

The seller makes a “unilateral offer to sell” for a certain price and for a certain amount of time. This is called a “promesse unilatérale de vente.”

When buying something regularly, both sides agree on how long the choice lasts, which is usually around three months. In some cases, like when the property is a development, it could be a year or longer.

Property agents often use the promesse de vente unilatérale to get a “option” to buy land or property on which they may be applying for planning permission or land assembly.

When the deal is signed, a down payment of up to 10% of the price of the house is paid. There are ten days for the buyer to back out of the deal without having to pay a fee.

If they don’t back out by this point, they are legally obligated to buy the house within the choice period, as long as they follow the terms of the contract.

So be careful—the choice may be open for a few months, but if you decide not to go through with it after ten days, you may lose the deposit.

In fact, the French Supreme Court (Cour de Cassation) said in a case in 2021 that the buyer was required by the contract to buy the property and that giving them money as compensation was not enough.

3.1.2. Compromis de Vente

A compromis de vente is what most people think of as a sale and buy deal, since both parties have clear obligations to each other.

This is why the legal name for this kind of deal is promesse synallagmatique de vente.

When the contract is signed, a payment of up to 10% of the purchase price is made. The buyer has 10 days to back out of the deal without having to pay a fee. We’ll talk more about this “cooling-off” time in a bit.

There are terms in the contract that say both parties must agree to buy and sell. The owner agrees to sell to the buyer, and the buyer agrees to buy from the owner.

Online, there are a lot of examples for sale and buy contracts. However, most of them are pretty basic, and none of them are likely to meet all of your needs.

3.2. Making the contract and signing it

Either a real estate agent or a notary can help you write up and sign the sale and buy deal in France.

It’s not something that all real estate agents do. Usually, it’s because they don’t want to deal with the laws and risks that come with it.

However, real estate brokers with a “carte professionnelle” (which includes the words “de transactions sur immeubles et fonds de commerce”) are allowed to act as a go-between and can give you pre-printed sale and purchase contracts to sign.

Most of the time, you don’t have to pay the estate agent anything for doing this part of the process, and sale deals are often made in this way.

The majority of real estate brokers go about this process in a very professional and open way. We still have some concerns about using this method, though:

• The seller has told the real estate agent what to do, so they don’t have the freedom that seems important here.
• You might want to add some conditions to the sale deal that aren’t on the pre-printed forms that real estate agents usually use. These stock contracts can be changed, but they will need to be carefully written by a lawyer;
• You might want to add to the contract certain guarantees the seller gives about the property that might not be covered by the standard contract;
• An estate agent is not a lawyer, so their knowledge of the law is naturally restricted.
• There is a chance that the process was rushed and you didn’t have time to think or talk about and go over the smaller details of the planned buy, like whether or not there are easements.
• It would be much better if the agent and the notaire didn’t have to work together to make the sale and buy contract and the deed of sale. It’s important that the two papers fit together well.
• While some agents may give you a translated copy of these agreements, you can’t be sure that it is right, and only the French form will be accepted in court.

 

The most important thing to remember is that the sale and purchase deal is what you will use to buy the house, so what it says or doesn’t say is very important.

Thus, if you want to sign the sale and purchase agreement through the seller’s real estate agent, you should talk to a lawyer first.

The notaire is an independent, publicly appointed official who has a monopoly of property conveyancing matters. As we make clear in the next section on the Role of Notaires, they also have their shortcomings, but it seems on all counts more preferable to use them for the whole process, rather than divide it between the agent and the notaire.

Sometimes, a charge may be imposed by the notaire, but the sum is unlikely to be substantial and in some cases may be reimbursed in the event that the sale does not proceed to completion. Thus, if completion is subject to the buyer obtaining a mortgage, but the mortgage application is refused, then the notaire may seek payment for expenses incurred. In practice, many notaires simply roll the costs of the sale agreement into the charge for the conveyance. Any charge is the responsibility of the buyer.

 

However, they are required to advise the buyer of this prospect prior to, or at the time of, preparation of the contract, and to also advise how much will be the charge. It should be no more than a few hundred euros, which may only to cover actual disbursements, not fees. More often than not the notaire will ask for prior payment for disbursements. In practice, if charges are imposed they are rolled into the charge for preparation of the conveyance.

 

If the notaire also introduced you as buyer to the property in their role as an estate agent, then they are able to charge a commission, payable at completion.

 

3.3. The Role of Notaires

You have the right to full information about the terms and effects of the deal you are signing from the notaire.

The main job of a notary is to make sure you have good rights to the land, so most of them do this job very well.

 

There are formal “search” inquiries that the notaire makes, but they don’t happen until after the sale and purchase contract is signed. They are also not nearly as in-depth as the pre-contract enquiries that happen in the UK when solicitors representing the buyer and seller negotiate the sale and purchase of a home.

 

Notaries are not required to set up a private meeting with you to give you personalized information about your situation unless you ask them to. On the other hand, they are not supposed to hold your hand through the whole process like a lawyer or avocat might.

It is common to use the neighborhood notaire, who works for both parties. However, there is no reason for the buyer and seller not to each hire their own notaire.

The French do this all the time in Paris and other big cities, and it’s becoming more common in rural areas and smaller places as well.

A different method by each notaire is likely to make the legal process take longer, and we are aware of cases that have become unnecessarily difficult and ugly because of this.

However, you will have someone to talk to and get help, instead of having to deal with the stress of having one notaire handle both the customer and the seller.

 

When someone buys something, the notaire of that person writes up the contract and the deed of sale.

The real estate agent can also be a great source of information, not just about the legal parts of the buy but also about other administrative problems that come up. You should always use their knowledge, but keep in mind that they are legally bound to work for the provider.

 

The fee doesn’t go up if you use your own notaire unless you need very specific, detailed, and specialized advice. The normal, legal fee is split between the two notaires.

 

A lot of notaries don’t follow the law on this, and they often tell people who are buying or selling that it makes things more expensive when it doesn’t. It’s the law: Part 10 of Decree No. 78-262 from March 8, 1978, which says:

Having more than one notary involved in the writing or receipt of an act does not increase the pay, unless the act is paid based on the number of hours worked.

 

It can be especially bad when there are conditional terms in the sale deal. It can be hard to tell if a condition in the contract has been met, and a single notaire who is working for both sides may not be in the best position to do so.

 

If you do choose to have the same notaire handle both the buyer and the seller, keep in mind that the buyer has the right to choose. Legally, the notaire doesn’t have to know anything about the land or even work in the area, but it’s always a good idea for them to know a bit about the area.

 

If two or more notaries are used, there are set processes that say which notary is in charge of making the formal papers and handling the sale. These steps are different in each area or region, but the seller’s notaire is usually in charge. The buyers’ notaire will keep an eye on their work.

 

Under the law, the notaire should make sure you understand what you are signing, but it’s not always clear that this rule is followed. They might learn English if you’re lucky. If not, they should give you a translator. This is often the real estate agent, and a lot of them speak more than one language. But it’s important to remember that the agency works for the seller, so be careful.

We also hear stories about notaries who tried to charge a lot of money for a translator. You shouldn’t agree to pay that much.  If you decide to use the same notaire, ask to be sent a draft of the contract to look over at your leisure. This way, you can be more sure of what you are signing.

 

Before signing the contract, you should meet with the seller’s notaire in person, even if language isn’t a factor. They will know a lot about the property (and the seller!) and may have useful information to share with you, such as about the purchase price.

If you can, ask foreign owners who live in the area what they think of the local notaire or other notaries who may work in the area.

 

We understand that it can be hard for a foreign buyer to choose their own notaire, but you don’t have to be in agreement on a sale to ask to meet with one. Before you buy a house, most notaires will be happy to meet with you to talk about general problems. You can always come back to them later when you’ve found the perfect house.

 

If you want to find out who the notaires are in the area where you want to buy a house, you can go to Notaires and look through the national list.

No matter which option you choose—own notaire or joint notaire—do what you think is necessary to be sure you have faith in the skills and honesty of the notaire(s) who will be handling the deal.

 

3.4. Getting help from lawyers

Others pick to have a professional lawyer from their home country or a French lawyer help them with the buying process and give them advice.

 

A solicitior or an avocat cannot legally transfer a property, but they can help with pre-contract questions, set up a property company, and give advice on French taxes or estate issues.

 

We don’t think that most buyers need to hire an attorney who works from home because their own notaire in France should be enough for most needs.

 

Still, one size does not fit all, and from the many cases we have seen, it is clear that the buyers would have been better off with legal help from a home-based attorney. As we said on the page about the role of notaries before, the searches they do are not as thorough as those usually done by an attorney in the UK. They happen after the sale and purchase contract has been signed.

 

In addition, we understand that you may need extra help if the deal or your situation is “complex.” This could be especially true if you need to think about planning problems or if you want to buy through a French property company (SCI). It might also be important when planning how to handle a gift.

 

A lot of buyers hire lawyers who work from home because they don’t speak or understand French. This could be solved more cheaply by hiring a local translator, but the problem is that the parts of the contract that aren’t written down are often more important than the parts that are. An translator can only tell you what is in the contract and not what should be in it. You will also have to pay a lot of money for a qualified translator.

 

Lawyers from your own country, on the other hand, work outside of the control of the French law and other regulatory bodies.

For them to be subject to French law, they would need to have a base in France and be licensed by the French government as lawyers and/or tax experts.

 

You might be able to fight them in your home country and win, but an English court can’t change or cancel a French property deal. You would have to file a new case in the French courts for this.

In this case, you would have to file separate lawsuits in both the French and UK courts for professional carelessness or breach of duty of care.

Many countries have rules about how lawyers should act when they work with clients from other countries. You could file a complaint with their professional group, like the Law Society, but this won’t get your case back in full.

We also think that many foreign property lawyers charge too much for the service they provide. So, don’t be swayed by the need to hire a home attorney right away; first think about whether it would be better to use your own notaire.

If the lawyer is from the UK, make sure they also have a work certificate from the Solicitors Regulation Authority (SRA). We know of a French real estate lawyer who gets a lot of clients through social media but doesn’t have this kind of license. In fact, the SRA makes it clear that they can’t.

So, find out from them what kinds of pre-contract inquiries they will make. If all they want to do is look like a fancy translator, then maybe you just need a translator!

You can hire a French lawyer instead of a home planner, and if they do something wrong, you can clearly go to court because they are a lawyer.

 

In most cases, though, we don’t think it’s necessary to talk to a lawyer, so you should carefully consider whether it’s worth the money. It’s especially likely that you will be let down by an attorney if you ask them to explain how French law differs from your own.

 

Do not be hesitant to meet with an attorney who specializes in property and/or estate issues. See if you learn more from that meeting than from the one with your own notaire. You might want to try the same thing with a lawyer who works from home.

3.5. Pre-Contract Enquiries

Even though we suggest that you go through the notaire instead of the estate agent to prepare and sign the sale and purchase agreement, there are some things that you can’t do.

 

They only do official “search” inquiries after the sale and purchase agreement (compromis de vente) is signed. These inquiries are mostly limited to confirming that they have the right to own the property and the title to it.

 

Also, even though they officially ask the local government questions, those questions may only be about the property’s edges and leave out information about big changes happening in the area.

The notaire’s search inquiries rarely give full results because the questions they ask aren’t always good, and local governments don’t always have the tools they need to do the job right.

 

So, for example, if there are no terms in the draft contract that talk about access or services to the property or any big changes in the area, it might be a good idea to add them to the sale agreement.

The notaire knows how to legally write the terms that need to be written. Some of these questions will probably already be answered by the notaire, so there are probably limits to how much you can fully inquire about them. However, the paper is there as a reminder of the things you need to make sure are fully understood.

 

A copy of the detailed plan cadastral for the land you want to buy is something you should look at right away. This is the official public record of who owns what land and where each property’s borders are.

 

A cadastral plan for the whole parish will be kept in the mairie. However, it would be strange if the seller didn’t also have a copy that they could show you. The notaire should give you a copy when you sign the deal to buy and sell something.

 

On the cadastral plan, each piece of land is given a number so that you can easily find the land you want to buy. But, as we explain in our pages about Land Registration in France, it’s not a proof of the property’s exact borders.

 

4. Contract Conditions

In this section we review the main sale conditions in the contract for the purchase of a French property.

There are seven main issues that we shall examine, as follows:

• Conditional Clauses
• Cooling Off Period
• Options to Buy
• Deposit
• Statutory Disclosures
• Local Rates
• Fixtures/Fittings

4.1. Conditional Clauses

One type of conditional sentence in French is called a condition suspensive.

The deal to buy and sell something will always be a “conditional contract,” which means that the needs of both parties come after the needs of the law and the need to make sure that the property has good title before it can be sold.

Both the buyer and the seller can add their own terms as well.

You should include things in the sale and purchase deal that you want to be sure of before you sign it if you do.

 

The deal will spell out how the buyer will show that the conditions have been met, such as by showing an offer or refusal of a mortgage or a copy of an offer or refusal of building consent.

 

A date by which a condition precedent must be met will also be written in the contract. If it isn’t done by this date, the seller can back out of the deal, but only if the specific terms of the deal allow it.

 

For many people, the most common and important situation is the one about mortgages. Other conditions might have to do with things like getting building permission, buying land next to the property, or getting an easement over the property.

1. Mortgage

If the house is being bought with a mortgage, it’s important that there is a condition that says the deal can’t go through until a good mortgage is secured.

It will have a section that says something like “condition suspensive d’obtention de crédit/prêt immobilier.”

 

The law assumes that a mortgage is being obtained, even if this section is missing by accident, as long as the deal doesn’t say directly that the property is being bought without a mortgage.

 

But to be sure of everything, it’s better to depend on a clear conditional language in the contract!

 

It’s likely that the notaire will demand that any conditions are written down very clearly so that there are fewer chances of disagreement and possible lawsuits in the future.

 

When it comes to a mortgage, the information should include the main details of the loan, such as the amount, the length of time it lasts, and the highest interest rate that can be charged.

 

It is common for the buyer to be given 45 days to get a credit deal. If they can’t, the contract can end. If you live in France and have a steady income, this is usually enough time. But if you are from outside of France and want to get a mortgage, this may not be enough time. If this sounds like you, try to negotiate a longer period in the contract.

 

There is a lot of action in the French courts about this condition suspensive. This can be because the contract wasn’t written well or because getting a mortgage took too long, or it can be because the buyer has changed their mind and wants to use it to get out of the deal.

 

If a buyer relies on a mortgage rate that is cheaper than what is written in the sale and purchase deal, they could lose their deposit.

 

In a case before the Cour de Cassation, the highest court in France, a buyer signed a contract that said they had to get a mortgage at a certain maximum rate.

 

The buyer later tried to get a mortgage with a cheaper rate but was turned down. He was basically trying to get the best rate possible.

 

Following this, he tried to get out of having to buy the house because of the conditional sentence.

 

The seller wouldn’t accept that the buyer had been honest, so they went to court and said that the buyer’s actions in trying to get a mortgage with a lower rate were against the terms of the sale and purchase deal, or compromis de vente.

 

A meeting at the Court of Appeal found in favor of the buyer because asking for a lower rate than what was written in the sale contract did not mean that the buyer had broken the contract. Unfortunately, this meant that the seller couldn’t use the penalty language in the deal.

 

The Supreme Court, which the seller appealed to, did not agree with this point of view. They thought that the buyer had not done what they were supposed to do by looking for funding as required by the sale deal. As a result, they overturned the lower court’s decision.

 

If you want to get a mortgage in France, you might find our guide to French mortgages helpful.

 

1. A Building Survey

A “subject to survey” phrase is not usually used in France. This is because there is no such thing as a sale “subject to contract” like there is in the UK.

 

Because of this, if there is something about the property’s state that you need to check, you might need to be very clear about it or fix it before you sign the contract.

 

iii. Planning Consent

Nor is it normal for the sale to be contingent upon getting full planning permission. A planning application takes a while to make, and once it’s granted, it can be revoked later if it doesn’t follow the rules.

So, when planning is a problem, it is common for the sale to be contingent upon getting a certificat d’urbanisme, which is a “in principal” planning certificate. You can learn more about this certificate in our pages about the Planning System.

 

A certificate d’urbanisme or a permis d’aménager is needed to build on a new piece of land where one or more homes will be built. The first option is usually enough for a plot for a single house, but it depends on the specifics of the development, such as the need for utilities or a protected area.

 

Conditional clauses that say “sale subject to planning consent” need to be carefully written, both because of the planning conditions that could be put in place and because of the possibility of a court challenge to a planning clearance in the future.

1. Access Ways

You should make sure that the contract has a section about servitudes and easements that applies to the land and that there are no negative easements on it. If there are any, they should be included in your favor.

 

1. Good Faith

A buyer who has done everything in good faith is the only one the law protects.

 

The seller can ask the buyer to show that they made reasonable steps to make sure the condition was met if the buyer backs out of a deal because one of the conditions has not been met. A court can also say that all the conditions have been met even if the person who wants to buy doesn’t act in good faith.

 

So, in cases where the sale was conditional on getting planning permission, the court ruled that the sale go through even though the potential buyer had not applied for planning permission. The court said that the potential buyers had waived the need to get planning permission because they had done nothing!

 

Also, if the sale was contingent upon a mortgage and the buyer asked for and was turned down for a bigger mortgage than what was written in the contract, the court said the buyer should be compensated.

 

People who want to buy something can’t just use conditional phrases to buy more time to decide if they want to go through with the purchase.

4.2. Time for “cooling off”

Ten days after signing the sale and purchase agreement, the buyer has the right to back out of the deal.

It says in Article L.271-1 of the Code de la construction et de l’habitation:

“A non-professional buyer can back out of any deal involving the construction or purchase of a residential building, the subscription of parts that lead to the ownership or enjoyment of residential buildings, the sale of residential buildings that are still to be built, or the rental-accession of real estate property within ten days of the first presentation of the letter making the deal official.”

 

Once the seller signs, they are legally bound by the contract and can’t back out of it. Only the buyer can do this.

 

Also, the “cooling off” period can only be used to buy a house or apartment, along with any other buildings or land that may be connected to the home at the time of the purchase.

 

You can’t buy any other land by itself, not even a single building space, a garage, or any other buildings that aren’t part of the main property. That means you can’t use the cooling off time if you are buying a single building plot that isn’t part of a home development.

 

It is also not possible if you are buying through a Société Civile Immobilière (SCI) or if you are a registered property worker in France who buys, sells, or builds homes. However, the law does not give a SCI or professional the right to a cooling-off time. However, the parties can agree that a right to retract should be included in the sale and purchase deal.

 

You might get a copy of the contract if you sign in front of a notaire. The ten-day “period of reflection” starts the next day.

According to the law, the notaire must give you and sign the following statement:

“delivered by (name of notary)… at (place)… on (date)…” : “I declare that I am aware that a seven-day reflection period is granted to me by article L 271-1 of the construction and housing code, and that it runs from the day after the delivery date written by me on this project, i.e. from…” .

 

You can use the sentence to prove that you know about the ten-day cooling off time.

The law says that if the notaire doesn’t hand you the contract, they have to send it to you by recorded delivery letter. The cooling off time starts the day after you sign the contract and receive it. But contracts are being sent by signed email more and more, so as long as the notaire moves quickly, the buyer and seller should still get it right away.

 

Your right to cancel starts on the first business day, even if the next day is a holiday or weekend. When you sign the contract through an estate agent, the agent who is selling the house can give you the contract directly, but they have to get you to sign a statement that looks like the notaire’s statement:

 

“delivered by (name of notary)… at (place)… on (date)…”: “I declare that I am aware that a seven-day reflection period is granted to me by article L 271-1 of the construction and housing code, and that it runs from the day after the delivery date written by me on this project, i.e. from…”.

 

Just like with the notaire, you have ten days to back out of the deal starting from the day you got the contract.

 

Since January 1, 2023, the law has changed to say that if the property is in a “risk” zone (and there are a lot of them), the buyer must be given a statutory survey report on the risk of natural disasters (l’état des risques) before the cooling off period can begin. It says:

 

If the seller didn’t give the buyer an accurate statement of the risks by the latest date possible after the sale promise or preliminary contract was signed, the buyer has until the next business day to pull the offer.

 

The order can be found at Décret n° 2022-1289 du 1er octobre 2022 relatif à l’information des acheteurs et des locataires sur les risques.

Without a doubt, you should not sign the sale contract until you have seen all of the required statutory survey reports (Dossier de Diagnostic Technique DDT). These reports must be given to the seller. Chapter 5 of this guide has more information about these files.

After the cooling off time is over, both parties are bound by the contract, as long as any terms that were written into it are still in place.

If you want to back out of the deal before the ten-day time is up, the notaire or dealer must give you clear instructions on how to do that. Usually, you need to send a recorded delivery letter to the estate agent or notaire before the ten-day time ends to let them know that you are backing out. You might also want to send an email and ask for proof that it was received, or you could call the notaire or contact. You don’t have to explain yourself.

 

The French Supreme Court, the Cour de Cassation, also said that buyers who emailed a notaire to let the notaire know they wanted to back out were still able to do so as long as the notaire noticed the email.

For practical purposes, if you signed in front of a notaire, it’s usually enough to just go to their office and ask them to give you a letter of withdrawal to sign.

 

4.3. The chance to buy more land or buildings

You might be interested in other land or buildings that the seller owns but isn’t selling with the main property.

This could happen, for example, if some land is being kept for farming purposes or if there is a renter living on the property next door.

 

This person may also be hanging on to other land in the hopes of getting planning permission so that they can sell it later with planning approval. If you want to buy a country property, you should ask the seller if they own any land or property next door and, if they do, if they would be willing to include it in the sale or give you the option to buy it.

 

Taking over as much land as you can around you would be a good idea. There is a chance that you will end up with a surprising friend if you don’t own the land around you, and planning permission is usually easier to get in France than in the UK.

 

Getting a “option” to buy a house is officially called a promesse unilatérale de vente. However, you usually have to pay a deposit that you lose if you don’t use the option. They also think the seller is ready to sell.

 

So, if the seller doesn’t want to sell right now or you don’t want to make a firm commitment, you can ask for a right of first choice to be given to you along with the sale of the main property.

 

A pacte de préférence doesn’t mean that the seller has to sell the property to the beneficiary. It just means that if they do decide to sell, they have to make the beneficiary an offer when they put it on the market.

 

 

If the owner puts the house on the market and signs a sale contract with someone else, they must give the person who is entitled to the pacte de préférence the chance to buy the house at the price and on the same terms as the sale contract or what was agreed upon in the pacte de préférence.

 

This way, the seller can’t demand a high price from the person who has the right of first choice, because that person might not be able to get another buyer.

 

What the terms of a pacte de préférence are are completely up to the people involved. However, you should have a notaire draw up the deal for you and have it registered as a charge on the land. So, no future notaire or possible third-party buyer can say they didn’t know about it.

 

Some things that need to be thought about are:

• How long the deal lasts;
• Whether the right of first choice applies if the land or property is only sold in part;
• What the owner might have to pay if they sell the land to someone else, and whether the agreement could be put into action;
• What the buying price will be based on, since the price probably won’t be known at the time of the deal;
• Whether people who come after the owner and receiver will have a right to something;
• Any possible conditions that might apply, like planning.

Most of the time, there is no fee for the choice itself.

As always, there needs to be a word of warning about farmer’s rights.

If there is a farmer living on the land right now, that person will probably be able to buy it before the receiver of a pacte de préférence when the land is sold.

There are different types of farming rights that determine if this happens. If they have a “bail fermier/bail rural,” they have the exclusive right to buy the land if the owner decides to sell it.

 

You have a right to “preemption” from the farmer.

In other words, if you have a pacte de préférence, the renter farmer’s legal rights will come before your contractual right of first choice.

 

Pre-Emption Rights Under the Law

 

It’s good to have a right of first choice, but it’s important to remember that this right comes after the legal right of first refusal of sitting renters.

The local government, the national agency for rural land called “SAFER” (Société d’Aménagement Foncier et d’Etablissement Rural), and other state agencies also have a right of pre-emption, which we will talk about later in this book.

So, if the owner chooses to sell the property later, and there is a renter farmer on the land or a tenant living in the property, they will be able to buy it before you.

A renter who is already living there has the right of first choice, but only at the same price as the potential buyer. The price can be contested in court by the government, but they don’t have the power to force the tenant to buy, unless there are very special circumstances.

They can still stay in the house even if they don’t use their right of first choice, though, so you would buy the house with a renter already in it.

France gives tenants great rights to live in a property, so you shouldn’t automatically think that you will be able to buy the property outright later on.

4.4. Deposit on the purchase

When the buyer signs the sale and purchase deal, they usually put down a deposit of up to 10%.

Even though 10% is the standard fee, you can pay less if you want to. It is true that a 5% payment is being used more and more.

It could be argued that your claim that a smaller percentage is enough is more valid the more expensive the property being bought.

As an option, you can pay no fee at all. However, the agreement will include a penalty rule that will apply if you back out of the deal before it’s time.

So, a buyer may only put down a 5% deposit, but the deal may include a 10% damage guarantee. The only problem for the seller is that if the buyer breaks the deal, it will probably be harder to get full pay because the seller would have to go to court.

You don’t give the deposit to the sale; you give it to the real estate agent or notaire when you sign the contract.

The notaire will hold the down payment in “escrow” as part of the money for the sale.

When you give an estate agent a deposit as part of making a sale and purchase deal, ask to see and write down their carte professionnelle number.

With the words “de transactions sur immeubles et fonds de commerce,” their business card should make it clear that they are licensed to sell real estate.

If all the terms of the contract are met and the buyer still doesn’t go through with the purchase, the buyer has to give the seller their deposit back. The seller may also go to court to get more money for losses.

There is even a chance that the seller could go to court to force the buyer to sign the contract, but this doesn’t happen very often, and there is always a chance that the court would not agree to the demand.

On the other hand, the contract could spell out exactly how much the buyer would have to pay in damages if they broke it.

On the other hand, if one or more conditions are met but the closing doesn’t happen, the buyer can get their deposit back in full. The law says the deposit has to be returned in 21 days.

In these situations, it’s common for there to be disagreements about the return of a deposit. This can happen because the notaire or estate agent takes too long to return the money, or because it’s not clear if the condition has been met.

Therefore, if you do decide to sign a conditional contract, it is best to pay the smallest deposit possible and make sure that the condition(s) are written in a clear and legal way.

 

If the seller doesn’t follow through with the deal, the buyer can go to court to force them to go through with the sale and/or to get money fines. The judge could also say that the sale went through. However, each case is looked at on its own, and if there are good reasons, the court may decide not to enforce the sale.

 

Another thing that can be in the contract is a punishment clause that protects the buyer. This way, if the seller backs out of the deal, they have to pay the buyer back.

 

A rule like this might make the seller less likely to sell, but there is still the matter of implementing it, which could mean going to court.

 

4.5. Legal Duties of Disclosure

The law says that the seller has to tell the buyer everything they need to know about the property.

Specifically, they need to give information about the things below.

Surface Area Easements and Rights of Way Hidden or Latent Defects

Tenancies and licenses 4.5.1. Defects that aren’t obvious

There is legal safety for the buyer against a seller who might not have told them important facts about the property’s state or other issues with it.

 

A vice caché is a flaw that is hidden or not obvious.

Article 1641 of the civil code says, “Le vendeur est tenu de la garantie en raison de défauts cachés de la chose vendue qui la rendent inappropriée à l’usage auquel on l’a prévu, ou qui diminuent ce usage de manière telle que l’acheteur ne l’aurait pas achetée ou n’en aurait donné qu’un prix moindre s’il avait su.”

According to this meaning, it has to be something very important that the seller knew about before the sale and that the buyer would not have bought or would have given less for if they knew.

It mostly covers problems with the building itself, but it also covers external issues that the buyer wasn’t told about, like a planned new development near the property or a bothersome friend.

The problem also has to be something that wasn’t obvious at the time of the sale. A court will also believe that the buyer was fairly careful during the whole process.

 

And because of that, it is hard to enforce in court, and the rule only lasts for two years from the date it was first found. After finding the problem, you have two years to do something about it.

 

If it can be shown that the seller told the buyer about the problem before the sale, then the right doesn’t apply.

 

Adding a phrase to the contract that makes it clear that the buyer knows about the flaw or problem and agrees to take full responsibility for it may be the best way to show this.

 

The seller might not be responsible for hidden problems even if the sale contract says the property is sold “as seen” (en l’état) and the seller isn’t responsible for them. This is especially true if it could be shown that the seller acted dishonestly.

 

To my disappointment, it has become common to use such a broad clause. For example, many notaires now include a “exoneration clause” for the seller immediately in a sale contract (non-garantie des vices cachés).

But a court of law might not agree that the seller is not responsible for what happened in such an easy way. The court would be just as interested in what the parties meant as in what they wrote.

Find out more about the vice caché phrase from the notaire. Try to get it taken out of the deal, especially if you have doubts about the seller or the property. If the seller won’t agree, you might need to take things to the next level.

At the very least, you shouldn’t sign anything until you fully understand what you’re getting. If you have had a full assessment of the land done, that may give you the peace of mind you need to agree to this clause in the contract.

However, it might also be enough if you got information from the seller about the property’s state and any problems with it, with a relevant rule written into the contract.

If a court finds that a property was sold with a secret flaw, it can either lower the price that was paid or cancel the sale. In the following case, which we wrote about in France Insider, asbestos was found in the roof space, which was a hidden defect.

There is a different rule for the sale of new homes that says they must be free of big flaws for ten years. This rule does not apply to those sales.

This also doesn’t apply if the buyer is a real estate agent registered in France who works as a real estate agent to build, buy, sell, or rent homes in France.

If the owner did big work that is now in question, they are not entitled to the guarantee.

 

4.5.2. Surface Area

A rule called loi carrez says that when someone sells a flat or other type of grouped property, they have to say how much space is inside each unit.

 

In the event that this number is missing or off by more than 5%, the sale can be cancelled.

 

The seller can either do the measurement study themselves or hire a professional to do it. Since the buyer is protected when it comes to the surface area, you may find that professionals err on the side of caution when doing this job. This is so that the seller doesn’t sue them later if there is a dispute between the buyer and seller about the surface area of the property.

When it comes to the surface area of homes or land, there are no legal promises other than when flats are sold. There are also very few times when written promises are given on the surface area of a house or land. It’s more likely that the contract will have a pretty normal language that doesn’t make any promises.

You should take your own measurements if you’re not sure, but you should ask about which parts of the property can be used in the figure.

4.5.3. Rights of Way or Easements

Someone agrees to limit someone else’s right to use or hold land in order to help someone else. This is called an easement. The “fonds dominant” land is the land that gets the most out of the easement, and the “fonds servant” land is the land that has to deal with the easement.

 

Once it’s in place, the lease usually works for the land as a whole, not just one owner. This means that future buyers usually have to follow it.

As long as the limit or right only helps one person and not the property itself, it is called a “authorisation” and future owners are not required to follow it.

Most of the time, people have the right of way, the right of water flow, the right of light, and the right to grow. There are also public rights that cover things like wires, pipes, roads, and so on.

If there are any public rights, the notaire should look into them. However, their searches may not always be as thorough as what is needed.

Also, buyers don’t always tell you everything you need to know about easements. Some may be so old that they aren’t even seen as easements! Also, the estate agent might not know about them, but the agent is required to find out as much as they need to, like asking the seller!

 

All easements must be registered with the French land registry in order for them to “run with the property.”

You may not always have to follow this rule, though. Easements of “necessity” that were gained informally by prescription (30-year use) or by the earlier division of a property (an easement called “par destination du père de famille”) are enforceable.

It could be a public authority grant, which isn’t always written down on the title papers.

 

In other situations, easements that were filed a very long time ago might not have been included in the current title papers. However, if the beneficiary can show that they are still being used, they may still be valid.

Notaries are not required to do a check that goes back more than 30 years in this case. Now, if there was a disagreement, easements that were gained without being said would probably not be supported in court unless they were very clear.

It is the notaire’s job to make sure that these things are included in the deed of sale and to tell the buyer about them if they are found in the searches.

 

To sum up, you should ask the owner if there are any easements that might affect the property and make sure that the notaire writes in the sale contract (and then the deed of sale) either that there are no easements or that you know about the easement before you buy.

 

When you’re in front of the notaire, you should ask the seller to be specific about any easements that might affect the land. The sale contract should also cover this problem.

 

If you need an easement, you need to make sure that the sale deal spells out your rights. It is very important that if entry to all or part of the land depends on an easement, this is made clear in the legal paperwork for the sale.

 

Do not depend on promises made over the phone or on vague formal writing.

You should make sure that your heirs have the benefit of the lease. If they don’t, you might have trouble passing it on if you ever want to sell the land.

The deal should also make it clear that you can only move forward if you own the land free and clear.

 

This is something you can learn more about in our Guide to Easements.

 

4.5.4. Tenancies/Licences

The person selling the land has to say if there are any other formal claims to it, like leases or tenant rights.

Still, buyers sometimes forget to note things like an informal licence given to a nearby farmer to use part of the land, which the notaire might not know about.

 

A farmer cutting the grass on ground to make hay does not automatically create an agriculture tenancy. However, if the owner gets paid in some way, it is likely that there is a tenancy.

 

To go over this one more time, it is important to ask the notaire if there are any tenancies on the land, whether they are formal or not.

 

Also, make sure that the contract makes it clear that the seller has to give you full control of the property when the deal is done. There have been times when family members or lodgers refused to leave a home, and the buyer didn’t find out until after the sale was gone through.

 

If you’re not sure, make sure there is a penalty language in the contract that says the buyer will be charged money if the seller doesn’t give you vacant ownership. It’s also possible to add a clause that says the seller won’t get any of the money until you have empty ownership.

 

4.6. Who Pays the Local Rates?

There are two local taxes that French homeowners have to pay: the taxe foncière and the taxe d’habitation. For primary residences, the latter has been done away with.

 

How much you pay for each tax will depend on where you live and how big your home is. The rates for homes in the country used to be generally lower than those in cities.

But city taxes, especially the taxe foncière, have gone up a lot in the last few years. So, ask the seller to show you the most current tax bill.

Additionally, it’s possible that the seller made big changes to the property but didn’t tell the tax office about them. Because of this, the present rates due are lower than they should be.

If the home hasn’t been owned by anyone in a long time, the tax office will usually send the new owner a demand (Form H1) for information about the property’s features. This could lead to an increase in the rateable value.

 

When someone buys a house, they are often asked to pay their fair share of the property tax (but not the housing tax) and any other fees that apply if the property is copropriété. The end date of the sale is the date that the split applies. In the sale and purchase deal, there needs to be a clause about how the utility bill will be split.

4.7. Fixtures and fittings that come with the property

Some people find it hard to agree on what “fixtures” and “fittings” really mean in French property law, and this can cause problems between buyers and sellers.

When someone wants to sell a house that could be worth several hundred thousand euros, the final choice can often depend on whether or not the cooker or carpets are included in the price.

An even bigger problem, especially for the buyer, is how little the seller and buyer say about what will be included in the sale.

There are times when the buyer is happily surprised by how much the seller includes in the sale. However, sellers seem to be less helpful with what they leave behind these days.

 

As a result, owners feel let down when they move in because the house has been stripped of things they thought were fixtures.

 

There is a lot of doubt in the law and between buyers and sellers when it comes to fitted sleeping furniture and kitchens.

 

In general, a court would consider these things to be “fixtures” if they are attached to the walls of the land and are the right size for the room they take up. Because of this, they should be left on the property. But that probably doesn’t help much if you have to go through the stress and cost of going to court to get the seller to fix things.

 

Another possible murky area is when it comes to wood burners, especially if the flue is left in place after the wood burner is taken out. There is the same amount of doubt about outdoor sheds that can’t be made on a concrete base.

 

As a general rule, make sure that the sale deal makes it clear what is to be left in the property. This is especially important if you aren’t sure if something is a fitting or a fixed. If you don’t trust the seller, the longer the list of things like boilers, bathroom and kitchen fixtures might need to be.

 

The French property you want to buy should come with a list of any fixtures or fittings you want to buy. This should be included with the sale and purchase deal. It’s helpful to list these things separately in the sale contract because their worth can be subtracted from the property’s buy price. This lowers the amount of fees and taxes that need to be paid.

 

As you and the seller talk about the property’s furnishings and fittings, don’t leave anything out.

 

There should be no doubt in your mind about what you are and are not being sold. The notaire should be present during your talks to make sure they are correct. If they are doing their job correctly, they should make sure that the problem is included in the sale and purchase contract.

 

5. Surveys of French property

People who buy property in France are entitled to a number of studies and reports that the seller must have done.

But the polls aren’t even close to being as thorough as a full building survey, so don’t get too excited about how much and how well you will get information.

On this page, we talk about the compulsory surveys that the seller has to give you. On later pages, we’ll talk about why and how you should do your own building and land surveys.

5.1 Surveys required by law

Surveys and reports that the seller has to give as part of the sale process are becoming more and more common.

The name for all of these polls and studies is the Dossier de Diagnostic Technique (DDT).

The papers are given to the notaire so that they can be added to the buy and sale agreement and, finally, the deed of sale.

If the studies aren’t done when the contracts are signed, they have to be done before the building is closed.

Even so, the job might not be finished until, say, termites and septic tank tests show that everything is fine.

Some contracts say that if termites are found, the seller should pay for the treatment. However, this rule isn’t very useful unless it also includes replacing wood that was damaged by termites.

 

The survey standards have made it hard for buyers, both because they cost a lot of money and need a lot of information about the property. They also have a big legal duty.

 

Legal rights about “hidden defects” say that the seller can be held responsible for fixing problems even if proper polls have not been done. In fact, if the buyer doesn’t get the report on “natural or technological risks,” they can back out of the deal or ask for a price cut.

 

In real life, the notaire will make sure the surveys are done, but if they don’t, you need to bring it up! All poll reports must be within the last day of their validity time when the sale is over.

 

In the past, people have worried about who is in charge of these polls and how well they do their jobs.

Concerns have also been raised about the lack of freedom of some firms, since they may be tied to real estate agents or building companies and get paid by those companies.

 

Because of this, the government has made it harder for people who do the polls to get the training and credentials they need. It is now against the rules for techs to have any official connections with notaries, and they are also not allowed to pay estate agents back commissions.

 

All survey workers must have a certificate of competence from a certification group recognised by the Comité d’accreditation français (COFRAC). This should give you some confidence in their work and allow you to work on your own.

 

A professional group called Chambre Syndicale des Experts Immobiliers de France (CSEIF) is another option. Any trustworthy study company is likely to be a member of this group.

 

The reports are now much better than they used to be, and some of them are as long as a small book! Even so, these reports do contain mistakes and gaps from time to time. If you find out within 5 years that the inspector made a mistake in the diagnosis, you can sue them in court to get paid.

As of right now, the following ten polls or studies are being used:

• Asbestos
• Lead
• Termites
• Energy Efficiency
• Natural or Industrial Risks
• Gas Installations
• Electrical Wiring
• Septic Tanks
• Radon
• Geotechnical Survey

5.1.1. Asbestos Survey

A study that says whether or not goods or materials contain asbestos is known as an amiante. This rule only applies to homes that had building permission before July 1, 1997. The truth of the story is unknown for an unknown amount of time.

 

5.1.2. Lead Survey

There is a report called the constat de risk d’exposition au plomb (CREP) that says if painting has lead in it or not. All homes that were built before 1949 must have this study.

It’s not possible for the report to be issued earlier than one year after the sale. If lead isn’t found or is found to be so low that it doesn’t pose a health risk, then no more tests are needed when the house is sold again.

It’s also necessary to do a study in the common parts of a block of flats and in all rental homes rented since August 1, 2008. For leased homes, the survey must have been done within the last six years. If no lead is found, there is no need for another survey.

In cases where lead paint is found on a big scale, the technician doing the study must notify the préfecture so that the owner can be forced to fix the problem.

 

You are not required to look for and report any lead pipes that are on the land.

 

5.1.3. Termites Survey

A report on whether or not termites and other similar pests that do damage are present on the property.

The poll is known as the etat des risques parasitaires.

In certain parts of the country, it is only needed. While the real estate agent or notaire will know for sure if this is the case, the local mairie will be able to help if there is any question.

The owner has to tell the mairie if termites are found.

France has a problem with termites all over the country, but it’s worst in the south west.

Cleaning up a pest problem costs a lot of money. Not only does the treatment cost a lot of money, but the wood that is damaged will also need to be fixed, taken out, and replaced.

You can do the treatment yourself, but since you have to inject it into the main beams and walls (spraying is not enough), there is no promise that it will work if you don’t know what you’re doing.

 

If a poll is needed, it can’t be from before six months after the sale deal.

The majority of these papers are of a high grade.

But mistakes do happen, and they can be very bad if the worker doesn’t properly detect the presence of termites in the property.

 

When an expert has been found to have been careless at work, French courts have come to different conclusions about how much the seller should be compensated.

In some cases, the seller was only given money to make up for the chance to have bought at a lower price. In other cases, the sale was thrown out completely. In still other cases, the seller was only given money to pay for treatment; in still other cases, the surveyor firm had to pay for treatment of the timber, repairs, and damages to the buyer.

 

The type and amount of the award becomes especially tricky when the surveyor says there is proof of past infection even though they haven’t found any activity right now. If there is another outbreak later on, what is the inspector responsible for?

This question came up in a court case involving a buyer who bought a house to fix up but later discovered that it was full of termites.

As part of the survey report, the technician stated signs of a past termite infestation, even though there were no termites present at the time. However, he concluded that it was hard to say for sure that there would not be a re-infestation.

 

When the case got to the court of appeal, the judges decided that the buyer should only have to pay for the cost of termite treatment all over again. They said that the buyer knew they bought a home in an area where termites are common and that they had been told about a previous infestation and the chance that it might happen again in the future.

 

The buyer took the decision to the highest court, the Cour de Cassation. They said that the technician guaranteed against the risk when he said there were no termites in the house, saying:

 

“The buyer is protected against risk by the technical report attached to the sale agreement or the real sale deed of an apartment block.”

So, they decided that the survey company had to pay for treating the termites, fixing the damage, and making up for the buyer’s loss.

5.1.4. Using less energy

The future owner needs a report on the energy performance of the house so they can get an idea of how much energy they will use and how much their heating costs will be.

The name of the study is DPE, which stands for Diagnostic de Performance Energétique.

The study has to be done before the property is advertised, so it has to be included in the ad.

The study will use the European standard energy efficiency rating scale, which goes from A (economical) to G (high consumption), to rate the level of energy efficiency based on how much energy is used and how much greenhouse gas is released each year.

 

Ten years are allowed for the report to be used. Still, the time of validity has been shortened for polls that were done before July 2021. The ones done before December 31, 2017, are good until December 31, 2022. The ones done after December 31, 2017, and until June 30, 2021, are good until December 31, 2024.

 

Since July 2021, the property’s energy use can’t be used to determine its grade. Instead, a more thorough look at the property’s energy saving performance will be done.

 

And the report will be legally binding, so if a buyer later found that the house didn’t perform as well as the report said it would, they could sue. That makes it more likely that inspectors will be careful about how they rate the energy efficiency to avoid being charged.

Along with the change, the numbers that apply to each grade have also been changed.

• Classe A: less than 6 kg CO2/m³/year and 70 kWh/m³/year
• Classe B: between 70 and 110 kWh/m³/year and between 6 and 11 kg CO2/m³/year
• Classe C: between 110 and 180 kWh/m³/year and between 11 and 30 kg CO2/m³/year
• Classe D: between 180 and 250 kWh/m³/year and 30 to 50 kg CO2/m³/year
• Classe E: between 250 and 330 kWh/m³/year and between 50 and 70 kg CO2/m³/year
• Classe F: between 330 and 420 kWh/m³/year and 70 and 100 kg CO2/m³/year
• Classe G: more than 420 kWh/m³/year and more than 100 kg CO2/m³/year

As of April 1, 2023, any home for sale or rent that has an EPD class F or G must also go through an energy audit. This audit must include details on the repairs that need to be done to raise the grade. All sales contracts made after this date must meet this rule. There must be a match between the audit’s suggestions and the type of property (listed, etc.) and the property’s value. In our piece Energy Audits on Sale Properties, we talked about the problem and how it might affect the market.

As well as a “DPE collectif” for flats, there is also one for apartment blocks.

As of 2025, homes with an energy grade of “G” will not be able to be rented out. Starting in 2028, the same will happen to those with a “F” rating. Starting in 2034, it will also happen to those with a “E” rating. Before you rent out very old homes that haven’t been updated to make them more energy efficient, you should know and think about this information.

 

People say that the energy efficiency studies that must now be done give many houses an unfairly low energy rating and cause a lot of trouble, which you can read about in France Insider at French Properties “Leaking Like a Sieve.”

 

5.1.5. Risks from nature or industry

As well as a list of any natural or commercial risks that the property may be exposed to, the seller must also say if the property has ever had an insurance claim for a natural disaster.

“State of Natural, Mining, and Technological Risks” is the name of the study. The name has changed since January 2018 to État de service Risques et information des sols (ESRIS).

It has to be done in communes that already have or are working on a risk prevention plan (un plan de prévention des risques naturels), as well as in places that are known to be at risk of earthquakes or other natural or technological disasters.

 

For example, the report must say if the property is in a flood zone, an area that is prone to earthquakes, major storms, avalanches, or ground movement, if it is close to a dangerous factory, if there is radon exposure, or if it is near major truck routes where dangerous materials are being transported.

Beginning in June 2020, it must also say if the property is in a “noise” zone, which is outlined by a plan d’exposition de bruit (PEB). Keep in mind that these zones are only near airports, so don’t be fooled by the name.

From January 1, 2025, buyers must also be told about the risk of forest fires if the property is in an area where landowners are required to keep their land in a way that reduces the risk of fire.

Before the sale contract is signed, the report can’t be more than six months old, and it needs to be changed if the area’s name changes before the deal is done.

The préfecture, working with the local mairie, is mainly in charge of putting together the risk report.

They will be able to give the buyer or assessor the standard ERNMT form, which you can get from Geo Risques.

On the same page, you can also learn more about the risks in the village you want to buy.

 

On top of that, the seller has to say if they have ever been paid by their insurance company for a claim related to a natural or “technological” disaster on the property, like a claim for floods, subsidence, or storm damage. For this, there should be a form to fill out.

 

Property Flooded: Sale Annulled is a story about a woman who bought a house and was told lies about the risks.

If the buyer isn’t given the risk report, they can go to court to get the sale deal thrown out or the price lowered.

As of January 1, 2023, a buyer does not have the right to “cool off” on a sale deal until they receive the report.

 

5.1.6. Installing gas lines

This is a report on an installation of natural gas in the building. It only applies to homes where the gas system has been there for at least fifteen years.

It is called “un état de l’installation intérieure de gaz.”

There are three years during which the record is good.

5.1.7. Wiring for electricity

A report on the state of the power in the house, where the wiring is more than 15 years old. A poll is good for three years.

An état de l’installation intérieure d’électricité is the name of the report.

If you have a certificat de conformité that shows the property meets the rules, you don’t need a study as long as the certificate is less than three years old.

5.1.8. Septic Tank Survey

This is a report on the health of a septic tank for homes that don’t have mains sewage. All mairie are required by the government to check all septic tanks in their area and tell owners who don’t follow the rules that they need to fix their tanks.

Some local governments haven’t done the polls yet, so you might not be able to get one for the sale and buy agreement.

So, if the poll hasn’t been done yet, it must be set up by the seller and paid for by them.

 

Also, the inspection report had to be done no later than three years before the deed of sale was signed.

Additionally, the law says that if the septic tank doesn’t meet standards, the new owner has one year to either fix it or start the work that needs to be done.

Since there aren’t enough resources to keep an eye on systems and no punishments, this rule probably won’t be applied very strictly. However, the buyer should still keep it in mind.

Many septic tank systems don’t meet the basic requirements. In our piece Sale Contracts and Septic Tanks, we talked about what might happen during the contract process if this happens.

The price of installing a new septic tank depends on the type and size of the building, but it can be around €15,000.

 

Radon: It is required that the buyer be aware of the radon risk in areas covered by a plan de prévention des risques or in areas where the law says there is a possible radon risk. This rule has been in place since July 1, 2018.

 

5.1.10: Study of the Ground

A geotechnical study (étude géotechnique) has to be done before building land can be sold. However, this study can only be done in places that are thought to be moderately or highly vulnerable to ground movement.t.

In a strict sense, this report is not part of a DDT because the sale of land is handled individually.

 

5.2. Building Surveys in France

People from the UK are used to getting a building study before they buy something, even if it’s just to get an idea of how much it’s worth. In France, however, this is not done.

If you want to sign the basic contract with a phrase that says “subject to survey,” neither the seller nor the notaire is likely to agree to it. This kind of phrase doesn’t mean much in France.

 

In other words, if you want a study to be done, you should schedule it before you sign the sale and purchase deal.

 

In France, there is no job of building surveyor like there is in the UK, so if you decide to get one, you might also have trouble finding someone to do it.

 

There are professionals who do diagnostic technique immobilier, but most of the time, these are companies that only do the limited regulatory surveys that need to be done and not structural building surveys.

 

You could also hire a French builder or engineer from the area to do the work.

Unfortunately, architects in France aren’t always trained to be able to do this job because their main job is to create buildings. Also, an engineer won’t know enough about building surveys.

A maitre d’oeuvre, or building contracts manager, is another worker who could help. There are also professional building inspectors from the UK working in France. To find them, go to RICS.

A lot of the RICS building inspectors who work in France are British people who have moved there. A small group of French building workers are also members of the RICS.

 

There is no doubt that they are skilled and experienced in this job, but their legal position in France is not clear. This is because the French legal authorities do not accept the RICS qualification right now.

There is a chance that you would not be able to sue them in the French courts for professional carelessness.

UK surveyors have a hard time getting professional indemnity insurance because their qualifications aren’t recognised. Make sure you ask to see their PII certificate (which is not the same as general public liability insurance).

 

It is also important to make sure that the RICS surveyor you hire is a trained building surveyor and not a general surveyor from one of the RICS’s other divisions.

One bad thing about a lot of professional building survey reports, whether they are written by a French or a foreign surveyor, is that they try to reduce the surveyor’s responsibility.

 

That being said, you might have to read the fine print to find out what the surveyor isn’t willing to guarantee, either because they couldn’t get entry or because more testing or survey work needs to be done. There are a lot of things that can go wrong with some reports and contracts that make them not very useful.

On the other hand, it can be hard to make decisions, and because many experts are afraid of being sued for carelessness, they may exaggerate the risk or defect in the property, which could cause you to back out of the deal or do work that isn’t necessary.

 

You could also call a local builder, electrician, plumber, etc., if you don’t want to pay the fees that one of these professionals would charge you for this service. They might be willing to look at the property for you with the hope that you will hire them to do the work later.

 

There’s no doubt that this method won’t give you the professional promises that hiring a builder or surveyor would. You might also say it doesn’t give you the freedom you need, but that’s your choice.

 

We have concerns about the limits of a building survey, but we also think that international buyers don’t always take the need to fully understand the state of the property seriously enough. As a result, they often pay too much and don’t think about how much it will cost to fix up.

 

A good study is the best way to lower the risks of buying a house abroad, and it can also be used to negotiate the price. It can also help you figure out how much it will cost to fix up and what kinds of changes you can make.

 

When setting up a poll, you should:

• Ask the assessor about their professional liability insurance, get a copy of the policy, and ask what it covers.
• Talk to the inspector ahead of time and agree on what the survey will and will not cover; Don’t pay twice; remember that the seller has to give you some limited poll results;
• Tell the inspector about any ideas you may have for changes, additions, demolitions, etc.
• If you want a surveyor to look at your property, try to find one who is local to it. This way, they will know more about problems that happen there, as well as building types, property values, and building costs.

 

5.3. French Land Surveys

On the land register plan, which is also known as the plan cadastral, the property lines you want to buy might not be shown very clearly.

You could also be splitting a registered piece of land that already exists.

 

In either case, you will need to hire a géomètre, or land surveyor, to do a record of your land.

Most of the time, both the buyer and the seller pay for this study.

Even if the property lines are clearly shown on the plan cadastral, it doesn’t ensure the land’s surface area or edges.

The land area shown on the land registration plan is only a rough estimate. It was made in the past for tax reasons, not for buying and selling property.

 

In this case, if you’re not sure, you should either measure the land yourself or have an expert do it for you.

 

If you later find that the land’s surface area is less than what the real estate agent or seller said, you can go to court to get your money back as long as you didn’t buy it “as seen” and there is a difference of at least 5% between what was said and what was actually there.

 

6. Local Searches Beginning

6.1.  What the Parties Can Do

Title Searches Pre-emption Rights Planning Searches 6.1. Introduction: A buyer and seller can’t legally agree to a sale until it’s written down in a deed of sale, called an Acte de Vente, and signed by a notaire.

Usually, it takes a few months from the time the contract is signed until the deed is signed.

Even though some notaires move slowly, the wait isn’t entirely their fault—the search inquiry process takes a long time.

Still, they don’t always do a good job of speaking with the buyer, so don’t expect them to call you until they’re ready for you to come for the closing.

In general, you’ll have to follow up with them if you want to know how things are going, but you can’t always count on hearing back!

 

6.2. What the Parties Can Do

The notaire will have to be sure that both parties are who they say they are and that they are legally able to do business.

So, they will need your ID, as well as birth and marriage papers for everyone who signs.

 

The seller may have a court or guardian watching out for them if they are old or weak. In this case, the court or guardian will have to agree to the sale before it can go through.

 

In the event that the seller is married, the notaire will want to know who has the right to sell the land and if both parties’ permission is needed.

 

6.3. Searches by Title

The notaire will make sure that the seller has clear rights to the property.

Verification will find out if there are any other people who have an interest in the property or if there are any debts that need to be paid off as part of the sale.

When looking at the titles, it’s not always possible to be sure that other interests in the land, like easements, are present because there are other ways that these interests can come about.

So, the law gives the buyer a legal way to get back at the seller after the sale. If genuine third party interests in the property are later found, the seller has to pay the buyer up to twice the sale price.

However, because the legal process can be unpredictable, you should make sure that you talk to the seller about the problem and get it officially cleared as part of the transfer process.

In the event that third-party creditors are found during the title search, the notaire will make sure that they are paid from the sale profits. If the amounts are more than the sale earnings, the deal can’t go through until the notaire is sure that the seller has enough cash on hand.

 

6.4. The Right to Take Over French Property

Some groups and individuals automatically have the right to buy a property before it is sold. This is called “pre-emption.”

The French name for these rights is droits de pré-emption.

It’s possible for someone else to buy the property before you, even if the seller decided to sell it to you. This is called the rule of earlier acquisition.

 

Because of this, the notaire will have to “purge” the property of these pre-emption rights before it can be sold to a potential buyer.

In real life, about 98% of sales go through without a pre-emption, but the risk is higher when farms are involved.

Several government organisations have the power to do this, but the main ones that can buy land before anyone else are current renters, the local mairie, and the national agency for rural land (SAFER).

 

The local mairie can only take over land before someone else if it’s in a certain area that’s marked on a local plan.

 

The mairie has the right to buy the whole land before anyone else does. It doesn’t just cover a part of it. So, they have to buy everything or nothing (except land that isn’t in the zoned area).

As a result of the “Loi du 27 décembre 2019 relative à l’engagement dans la vie locale et à la proximité de l’action publique,” councils now have the right to buy agricultural land that is all or partly in a drinking water catchment area (aire d’alimentation de captage d’eau potable). That right includes houses that are connected to it. It looks like the council has that much power over the SAFER below.

In addition, the Loi Climat et Résilience 2021 made a new right of pre-emption for land and property to be changed to deal with coastal damage.

The LOI n° 2022-217 du 21 février 2022 gave local governments another power: they could take over farming areas in a certain area that was set off as whole or in part by water catchments used to provide water for people to drink. This right of pre-emption is meant to protect the health of the water source from which the water is taken.

 

SAFER has the right to look at land or buildings that are used for farming or that could be used for farming.

 

The local prefet decides every five years what the minimum surface area is for SAFER to have the right to buy the property before anyone else. It can be all deals in some parts of France and on some types of land where a local plan (PLU) is in place. In other places, there is no minimum area.

 

Since 2015, the rule has changed so that SAFER can now buy only part of the land instead of having to buy the whole thing.

In our newsletter, we wrote about French Farm Sales and the Role of SAFER and New Powers for Rural Land Agency. You can read more about SAFER there.

A lot of the time, people who are selling rural lands arrange with SAFER to sell all or part of their property before putting it on the open market.

 

All renters who are already living there have the right to buy the property before anyone else does. One example is a farmer who rents land that belongs to the property you want to buy and has the right to buy the property itself.

This means that people who have a right of earlier acquisition have two months to decide if they want to buy the property or not.

For this reason, the sale usually can’t go through before two months, but for a small extra fee, it is possible to get permission from the mairie and SAFER within two weeks. But you can’t be forced to use the fast service, and SAFER often doesn’t bother, so your fee is returned.

The law protects the first buyer a little bit during this whole process, since a sitting renter can only buy at the price that was agreed upon in the sale and purchase deal.

This rule does not apply to the local mairie or SAFER, though. They can make a different, cheaper offer if they think the first price is too high compared to the market value.

If this happens, the owner can either take the house off the market or go to court to fight the counteroffer.

Most of the time, the two sides talk things out in order to reach a peaceful agreement. Without a doubt, the land will end up being bought by the government!

 

It is not possible for the seller to back out of the deal if SAFER changes the terms of the deal, especially the price. They have to sell to SAFER, but the terms are the same. That being said, once you sign the sale and buy agreement, you can’t change anything!

You can sometimes challenge the use of pre-emption rights in court, and pre-emptions are thrown out because the mairie or SAFER did not follow due process, as we showed in our newsletter story SAFER Property Pre-Emption Annuled.

If Safer wants to pre-empt for 15 days, they have to put up a sign at the nearby mairie. If you don’t follow through, the decision to pre-empt doesn’t go away, but you have until the warning is posted to legally challenge the decision.

 

6.5. Requests for Planning on French Property

A local planning search, or urbanisme, is what the notaire will do to find out what the local planning situation is and if there are any known easements (servitudes) that may exist.

The notaire will get a copy of the planning certificate, which is also known as a certificat d’urbanisme, from the local council. This will show what the property’s planning status is.

 

If you are building on land, the certificate only says that the land is zoned for construction. You will then need to get a pass de construire, which is full planning permission.

 

You can back out of the sale if the notaire finds that there are planning plans for the area that would change the property’s use or setting in a big way. Still, you should be warned about the quality of the information you will get from the neighbourhood planning search.

 

Most of the time, you can count on the notaire and the city planning body to do a good job. But, for example, if nearby plans for growth don’t have a direct effect on the property, the notaire may not bring them to your attention during the official “search.” This is because the search does not always go beyond the property’s edge.

 

So, you should ask the notaire what kind of searches will be done, such as those that only look at the land or those that also look at the area around it.

 

So, the French government has a big plan to build a lot of wind farms, and there have been a lot of court cases about planned projects, which is something we talked about in Wind Farms in France.

The notaire also probably won’t know about any informal rights that may exist. They also might not know about any changes or improvements that have been made to the property without permission and haven’t been reported to the planning authority. The planning authority could find out about these illegal works later on, for example if you make a new planning application. In this case, you could be fined or have to fix up the property.

 

You should make sure that the sale deal makes it clear what the status of any easements is on the land and that the seller confirms that all building work has been done legally.

 

Also, make sure that the contract has a section that says the seller has to tell you about anything that might change your mind about buying the property, like big changes happening in the area.

 

You should talk to the seller, go to the mairie to look at the local plan, talk to the neighbours, and if you need to, talk to the local planning officials in the prefecture about planning applications or the area’s planning and growth state.

 

7. Sole Ownership

You can choose to buy the house in your own name or in the name of someone else, even if you are married or living together.

We will talk about the law and tax effects of buying a home in France in your own name, whether you are married, living with someone else, or later get married.

7.1. Married Couples

The land should be bought in joint names if you are married. There is no legal or tax reason not to.

There is legal safety for the other spouse, though, so it doesn’t really matter if this doesn’t happen. The financial effects are the same whether the couple gets divorced or not.

In most countries, marital rules say that assets bought during the marriage belong to both partners, even if they weren’t bought by the couple together. In general, things are the same in France.

 

When a pair is married, the civil law treats the property as if they owned it together equally (50/50), unless the marriage contract says otherwise.

 

Having said that, if you have kids from a previous relationship, you should be extra careful about buying a house by yourself because it can make it easier for problems and arguments to arise when you try to leave an estate. In our Guide to Inheritance Laws and Taxation, you can learn more about this subject.

 

You should also think about the fact that if the first spouse dies and the property is still in their sole name, there may be higher taxes and fees to pay when it is passed to the remaining spouse and other inheritors.

 

7.2. Living together

If you live together in a “free union” and buy a house in France in your own name, French law doesn’t seem to give the other person automatic rights to live there or own it permanently.

It is the next of kin of the person who died who gets the property rights if one of the parties dies.

 

If you are not married and want to buy a house in France, you must do so as a couple.

 

If you do this, you can buy in uneven parts to show how much each person contributed to the purchase (see the next section on en dédivisión).

 

Another option is to buy the French property in your own name and give your partner certain rights over it. For example, you could give your partner the right to live there after you die. There is also the matter of any requirements you might have for getting a loan on the house.

If the house is only owned by one person, the investor may only look at that person’s income and not the income of the whole family.

 

7.3. Marriage After Divorce

For someone who buys a house in France and then gets married, the best and cheapest thing to do is to use le régime de la communauté universelle, which is a French marriage contract (you don’t have to get married in France). In this contract, you can say that the property is brought into line with the terms of the marriage contract. The taxes and fees that come with making such a change may not be a small thing to think about, though. Non-residents, on the other hand, cannot get such a deal.

 

You can enter into a French civil partnership (PACS) instead of getting married. This gives the living partner some safety and protects them from having to pay French inheritance tax.

 

8. Joint Ownership of French Property

8.1. Who Owns French Property “En Indivision”

In English law, this is the same thing as a “tenancy in common” and is the most usual way for two people to own property together.

More than one person buys the land, and each person has a stake in it according to the terms they have agreed upon.

 

If there are two people buying together, this is usually split evenly. But if there are more than two people, it could be based on how much each person helped pay for the house, like 70%, 20%, and 10%.

 

If the property is bought in different amounts, you may want to make sure that the French tax officials know where each party’s money came from so that you don’t have any problems with gifts tax later on.

 

Make it clear in the formal papers that the bigger payment is not a gift but a loan if you want to own as equals but with different amounts of money.

 

This problem is also important if the couple decides to split up or get a divorce in the future. The property will be owned equally by all parties unless the different contributions of each party are represented in the ownership structure at the time of purchase. When the property is sold, the money from the sale will be split evenly among all owners.

 

The way decisions are made is one of the most important parts of indivision. As you might expect, all the owners have the right to be involved in choices about the land. This might not normally be a problem between a partner, but it could be between a group of strangers or after a gift, when the property might be split up among several people.

 

So, the law says that at least two-thirds of the owners must agree on any choices that affect the land. When it comes down to it, only one person can take emergency steps.

But even the two-thirds rule isn’t always true. Sometimes, one or more of the owners can demand that the property be sold if they think it’s in the best interests of the subdivision as a whole to do so.

It’s possible for one person to own at least two-thirds of the land, but that doesn’t mean they can do whatever they want with it.

 

There is a pretty strict and long process for making decisions about the land, especially when it comes to selling it.

During the sale process, you should follow the notaire’s instructions. It is their job to make sure that any minorities’ concerns are taken into account.

 

If they can’t come to an understanding, they would have to go to court and ask for an order that lets them sell the land. It might get fixed quickly, though, so don’t hold your breath. It could be up to three years before there is a hearing, and both sides have the right to challenge. This is because the court system is slow.

In addition, if not all of the owners can be found, the courts might not be able to look into the case.

A property owner can also get rid of a piece of property by selling it or giving it to someone else. If they want to sell their piece of land, they have to give current owners the right to buy it before anyone else. When something is given away, this rule doesn’t apply.

 

A convention d’indivision, or management deal, is the best way to handle a property that has more than one owner, especially if the owners are not related or are from different families.

 

8.2. Married Couples and ‘En Indivision’

In the past, indivision of inheritance rights has been a problem for people who were still married and didn’t want to sell their home because other people who were due to a share of the estate of the dead wanted it!

In the last few years, though, things have gotten better to the point where the remaining spouse is now somewhat protected.

Children are protected heirs under French law, so they can’t get all of their spouse’s property when they die. However, they can live in the property for the rest of their lives as long as it’s their main home, no matter how much of the property they get as an inheritance.

If the person who died had children from a previous relationship, those children have the same rights to the property as children from the current marriage. This can sometimes cause problems between family members, but it doesn’t always make the living partner less strong in the eyes of the law.

There is no inheritance tax to pay when a man and wife die together, but there may be tax to pay when children receive some of the assets. However, tax breaks for children are very large, so this will only be a problem for people who have a lot of money.

So, buy en indivision makes sense for most married couples, especially if they also sign a French marriage contract with the condition d’attribution intégrale. This is called régime de communauté universelle.

 

People who live in France are the only ones who can use this marriage contract.

If one partner dies, this marriage contract says that the estate of the deceased spouse goes to the living spouse. Or, at least, the part of the estate that you want to include in the marriage contract. A deal like this does, however, limit the estate tax breaks your children can get.

Another problem with this answer is that if you have children from a previous relationship, a French marriage contract says that you will not receive any children from that relationship, only blood children of the person who died.

 

For this reason, most notaries don’t want to help a pair who has children together but not together sign such a contract. In fact, a notaire has to let the children know about the problem. The children then have three months to object to the planned change in the marriage rules. If the kids don’t like the change, the case needs to be taken to court so a judge can decide if it’s best for the family.

If the notaire makes the change without telling the children, the children can later go to court to get the change thrown out or ask for a share of the estate if they don’t find out until after their parent has died.

That being said, a child from a previous marriage can give up their right to file for layoff while still keeping their right to an estate, which they would receive when the other parent dies, just like children from the current marriage.

Because of this, you might need to sign both a marriage contract and a Family Inheritance Pact (called a pacte successoral). You can talk to your notaire about this.

 

If you are not living in France, you might want to think about buying the house through a French real estate company.

 

A European law passed in August 2015 finally lets you avoid the strict inheritance rules of French law. Instead, you can use a Will to accept the inheritance laws (but not the taxes) of your home country. But in 2021, the French government passed a law that goes against this right and restores the rights of hiers. You should talk to your notaire and lawyer about this. You can find out more at EU Probes French Will and Testament Law.

If you want to buy a house with your kids, on the other hand, you can use a split ownership arrangement called démembrement de propriété.

 

8.3. Ownership ‘En Indivision’ by Unmarried Couples/Groups

It’s not clear what kind of ownership arrangement should be used if the people who want to buy the house are not married.

The problem has to do with French succession rules, which give children rights. There may also be an inheritance tax issue.

When one of the owners dies and leaves children, the property of the dead goes to the children, who then divide it among themselves. This means that a single partner who is still alive has limited rights. Even if the remaining partner is a shared owner, they could force the sale of the house if they had to.

 

We can help you get security for the living partner in a number of ways, but each one requires a careful look at your specific situation.

Since 2015, you can avoid French estate laws by writing a Will and choosing to follow the inheritance laws of your home country. It’s not hard to make a decision if your country allows testamentary freedom, like it does in the UK. In France, however, there is no way to avoid estate tax, and the country passed a law in 2019 that makes this process harder to use.

 

You could also give the remaining partner a “life interest” in the land as an alternative, but this would have effects on inheritance tax. One way to do this is through a will or a gift. Another way is through a French real estate company called a SCI, which we talk about in more detail in Guide to Société Civile Immobilière (SCI).

 

The other people who inherit the property may get the reversionary freehold stake in it, but the living partner at least knows they are safe in their own house. If you choose a life interest, it protects the person who is left behind, but you may have to pay 60% of the value of the life interest in estate tax after your personal allowance of €1500.

 

Two people who live together could get around this problem by forming a pacte civil de solidarité (PACS) in France, which gives one person more rights to the land than the other. Even though this means the leftover inheritors will have to be paid money, there is no estate tax to pay between people in a PACS.

 

No matter which choice you choose, you should also decide how the property will be handled when you buy it. In particular, you should make plans for what will happen if one of the owners dies or gets divorced.

In front of a notaire, the deal, which is called a convention d’indivision, is signed. It usually lasts for five years, but it can be made to last forever.

 

The deal won’t be able to change the fact that children have strong succession rights or get around inheritance tax rules, but it will make it clear what will happen if there is a disagreement or death.

So, with this kind of deal, the surviving partner could get a share of the property that belonged to the person who died, as long as the established inheritors are given the right amount of money.

 

The part of the contract is called “faculty to acquire or assign the surviving die.”

A contract like this will also spell out how the property will be managed on a daily basis while the owners are still alive. For example, one of the owners could be named as the property manager.

In conclusion, indivision doesn’t seem to be a big problem for a married couple. But if you buy as an unmarried couple or two people who are not related, it could be hard to sell the property when one of the owners dies, and there are also strict rules about who gets what when someone dies.

These problems aren’t impossible to solve, but you should be ready for disagreements between the owners and, eventually, your own death.If you get married in your home country, you should also get the same privilege. For example, people who get married in the UK are free.

8.4. Joint Ownership ‘En Tontine’

A tontine clause, also known as a clause d’accroissement, is used to avoid the strong transfer rights of children in French law. This way, no part of the property goes to the children while any of the current owners are still alive.

 

In indivision, each owner is given a different share of the property, but in tontine, each owner does not have their own part. It makes something that is basically a legal lie.

This means that if a pair buys a house together, and then one of them dies, the remaining spouse or partner becomes the sole owner and is seen as having been that way since the house was bought.

To put it another way, the land is bought to help the last person alive.

A tontine clause hasn’t been used much by the French in the past, and notaires usually don’t like them because they can hurt estate taxes and leave children who aren’t related to the founder out of the inheritance. Those who are married or in a French civil partnership, on the other hand, don’t have many of these tax problems.

There are different ways that the tontine clause can be used for couples who are not related, and it is best to talk about these with a good notaire.

 

8.4.1. Effects of the French Inheritance Tax

People who are not connected to each other, even if they live together in a “free union,” must pay 60% estate tax on half of the value of their main home if it is worth more than €76,000 when they die.

Tontine is not a good financial choice for people who are just living together, but it does give the surviving partner full security of tenure.

People like this might do better to buy with a French property company structure (SCI), which uses a complicated structure of crossed ownerships called démembrement croisé. This is something we’ll talk about next.

Another option is to buy through a SCI that has a tontine clause in it. When you sell the shares, you will still have to pay stamp duty, but there will be no estate taxes.

 

If you don’t want to get in trouble with the law for tax evasion, you should get good help on these arrangements.

 

Married people or people in a French civil partnership don’t have to pay this kind of tax, so this rule is more important for those couples who want to protect the interests of the living partner.

 

If you are already in a civil partnership in your home country, you will not have to pay French inheritance taxes as long as this rule is in place in the country where your civil partnership is based.

Such couples may be at a tax disadvantage if the property is eventually inherited by their children or other close cousins. This is because they will have to pay more estate tax because the property has not been divided between the inheritors beforehand. In most cases, this shouldn’t be a big problem for couples because children can get nice tax breaks.

 

8.4.2. What French Inheritance Rights Mean

It is similar to what would happen in a French marriage contract when a pair had children from a previous relationship. The tontine rule takes away the inheritance rights of one side of the family, just like in a French marriage contract.

 

For this reason, when one partner dies, only the children born to that person automatically get a fortune.

 

John has two children from a past union. He and Anne, his new partner, buy a house in France. They end up having a daughter named Christine. John’s partner Anne will get the whole house if he dies first. While Anne is still alive, the land will go to Christine because John’s children are not related to Anne by blood. All of the children, including Christine, would eventually get the land only if Anne died first and her partner John took it over.

 

So, if you have kids from a previous relationship, you may need to make different plans for them through other inheritance planning methods, like giving them money while you’re still alive. In our Guide to French estate Laws and Taxation, you can learn more about how to plan your estate.

 

8.4.3. Other Implications

The sentence has other problems that make it less useful. The fact that it can’t be ended without both sides’ agreement is one of them.

 

So, if the marriage ends, the property that is still in both names cannot be sold unless both sides agree to something different. If both sides don’t agree, the property stays in en tontine until one of them dies. At that point, it goes to the person who is still alive. If you agree, a tontine can be thrown out and the normal “indivision” form of title can take its place.

 

The phrase can also make it hard to get a mortgage or loan on a house because the lender doesn’t know who the final owner is when the loan is taken out. You can get around this by taking out different loans in the names of each owner, as long as the bank agrees.

 

On the other hand, a tontine clause can also protect the property from creditors. This is because creditors can’t take action against the property unless they have a bond on it, which is the only exception.

 

Another possibility is that the rule will be thrown out if there is a big age gap between the parties or if each person doesn’t contribute about the same amount to the buy. The tax office could then treat the clause as a gift, which would mean taxes would have to be paid when one of the parties died. Family members who were not inherited could also challenge the rule.

To sum up buying en tontine, we can say that a tontine clause is only needed if you want the surviving spouse to get all of the property. This is because the surviving spouse of a marriage has a lot of legal security.

 

If you are not married, buying a French home en tontine is a good way to protect the person who will be left behind. To avoid having to pay estate tax, it is best to do this along with forming a French civil partnership.

 

In either case, though, you should be aware of how the condition might affect children born outside of the relationship, who might not be able to receive anything. This is why the notaire might not want you to buy this way.

 

In addition, you can only get a French civil partnership if you live in France. Since August 2015, a European law has made it possible to completely avoid France’s strong inheritance laws and instead adopt the inheritance laws (but not the taxes) of your home country through a Will. However, since 2021, there has been a legal dispute about this right because French laws have changed.

 

If you’re not married and/or have kids from a past relationship, you should also think about buying through a property company (SCI), which is what we’ll talk about next.

 

9. Société Civile Immobilière (SCI)

In general, there are three different legal arrangements that can be used to own property together with someone else in France.

There are three ways to own property in France:

‘Indivision’

‘En tontine’

‘Société Civile Immobilière (SCI)’

You can also use a UK limited business to buy land in France, but there isn’t a good reason to do so, and there are tax consequences, especially when it comes to capital gains tax. At ownership indivision and ownership en tontine, we go into more depth about the first two types of ownership.

 

In France, a SCI is a type of company called a société that is very specialised in owning and managing real estate.

The company will have a different formal identity from its shareholders, but it doesn’t have its own fiscal identity unless very specific conditions are met. It is called “fiscally transparent” because of this.

 

Many people from France and other countries choose to buy a home in France through a SCI because it has more benefits than the other two types of ownership.

 

There are several main reasons for this, including:

• letting more than one person buy the property;
• making sure that family property is owned and managed in a stable and consistent way;
• making it easier to transfer and own property;
• avoiding the restrictions of French inheritance law;
• getting tax breaks; and
• protecting the family home from business creditors.

 

10. Types of Ownership

In the previous pages, we talked about the different ways that people in France own land. What should we draw from this review?

It’s not easy to answer this question because every family’s situation is different. The following comments should only be used as general advice, and you should also think about whether you should get professional help.

It’s clear that most questions about the different types of ownership have to do with inherited rights and inheritance taxes. That’s why we’ll spend the last part of this article talking about inheritance.

 

10.1. Inheritance Taxes and Property Ownership

In France, there is no inheritance tax for husband and wife or people in a civil union. Instead, inheritance tax affects children and other people who receive money.

If you might have to pay estate tax, the answer isn’t always a certain type of ownership. Instead, there are other steps you need to take to plan your inheritance.

For example, if you give gifts that aren’t taxed while you’re still alive, your heirs may not have to pay as much estate tax when you die.

When a pair gets married in France (called “purchase en tontine”), the property is given to the living spouse. This means that the children may not have to pay taxes right away.

If, on the other hand, your children are likely to have to pay French estate tax in the future, this choice will make the amount of tax they have to pay higher when the life partner dies.

 

Because of this, you may need to give your children things that are not taxed while you are still alive to lessen the effect of this higher tax.

 

You could give your children money as a gift, but you could also give them the right to return property (nue-propriété) while keeping the right to use it for as long as you live (the usufruit). Gifts of Real Estate has more information.

 

You can also buy the property through a SCI and use a type of ownership called démembrement croisé, which lowers your possible responsibility.

In every case, you should figure out if estate tax is something you need to worry about because some steps in planning your inheritance can be very expensive.

10.2. The Right to Inherit Property and Inheritance

It’s clear that if you own a home through a SCI and are not a French resident (and don’t plan to become one), you are not subject to the forced transfer rights that come with living in France.

 

You should think about whether you really need those things, though, because the rules aren’t too harsh on most families.

 

If you live there, you could either own the property outright or buy it in sections. Then, you could sign a French marriage contract to make sure that the property went to the remaining partner. You can sign a marriage contract with the notaire when you buy the house, or later if you don’t do it when you buy the house, as long as you don’t have any children from a past relationship.

 

It might be a good idea to buy through a SCI if you are married and have kids from a past relationship. You could also talk to your notaire about making a pacte successoral, which is a family property agreement.

 

If you are a couple who is not married and moving to France, you should form a French civil partnership.

 

You can give the living partner a life interest in the property if you can’t form a French civil partnership. You can also buy the property through a SCI and give the other partner a life interest in the property.

 

An SCI is especially helpful when buying a house with several people who are not related to each other.

 

Lastly, you can use European Succession law and your own country’s law for inheritance reasons. However, you should read French Inheritance Law Under EU Investigation because the law isn’t clear on this issue yet.

 

10.3. A Summary of the Ways to Own Property in France

The general advice for owning a home in France depends on where you live and what kind of relationship you have:

It is recommended that married people use indivision along with a marriage contract, no matter if they live in the country or not.

If a couple is not living in France but is in a civil partnership, they should use a SCI (Société Civile Immobilière). They can choose between en tontine or indivision with a life interest, though.

Couples who are not residents of the country but are in a free union should use a SCI if they are not married. People who live there can pick between a SCI or an indivision with a life interest.

People who are not connected should use a SCI whether they are residents or not.

 

 

11. Completion

11.1. Sending the money to buy something to France

The notaire will need to see proof of all the money you have to pay for the French property before you can close.

You can either send money straight from your bank (in the UK or France) to the notaire’s client bank account. There is no way to use a cheque for amounts over €3,000 since 2015.

There have been cases of phishing (identity theft) where buyers got a letter that seemed to be from a notaire and had the bank account information on it where the payment should be sent. The account is often a foreign one. There is one reader we know of who has had this happen.

 

If you wait until the last minute, you might find that the job can’t be finished because the funds aren’t clear.

Because notaires are legally bound to stop people from stealing money, some of them are picky about where the money comes from, especially if it’s coming from outside the EEA or through a foreign exchange middleman.

If the notaire doesn’t hold on to the deposit for at least three months, interest won’t be paid on it. We wrote a piece about this subject, which you can find at Interest Earned on Client Funds.

 

If you are getting a debt, the lender will make sure that the notaire gets the money.

At this point, you don’t need to open a French bank account, but it could be helpful in the future.

11.2. Date of completion

There will always be a section in the sale contract that sets a date by which the deal must be completed and the deed of sale must be signed. The deal usually gives three to four months’ notice before the job is due to be finished.

Based on this rule, some buyers and sellers think that the contract is null and void if it is not signed by this date. This might not always be the case.

This would only happen if the contract had an expiration date that said it had to be signed by a certain date or else it would no longer be valid. A phrase with this much weight of certainty doesn’t usually appear in contracts.

If the date passed without the deed of sale being signed, the person who was upset could, based on the situation, sue for damages or maybe go to court to get the contract enforced.

We can tell the difference between four situations.

Delays in Search Enquiries

The date set for signing the deed of sale could be pushed back because the notaire is taking too long to finish the local property search. Occasionally, it may also happen because the notaire did not move as quickly as they should have when making these questions!

If all of the other conditions in the contract have been met, the notaire will only set a new date for signing the deed of sale, at which point the deal can be completed.

Conditional Clauses:

This can happen if the buyer takes too long to get a mortgage or if either the buyer or the seller doesn’t follow through on one of the conditional clauses in the contract.

In this case, the contract will probably say that either party can back out of the deal if the condition isn’t met by the due date.

Most of the time, especially when there are problems with the mortgage, the buyer and seller agree to extend the time for the conditional clause to be met.

On the other hand, you can’t count on the seller’s goodwill (especially if there is another customer waiting in the wings), so you should take the date carefully.

 

Inability to Sign:

If the finish date is missed or one of the parties can’t meet it because they are sick or something else out of their control, this usually doesn’t mean the contract is null and void. It is possible to set up a new date for signing the deed of sale.

The only time the contract might not be legal is if it set an end date for signing, after which either party could back out of the deal.

 

Unwillingness to Sign:

If the contract isn’t signed on time because one of the parties doesn’t want to sign the deed of sale, that doesn’t mean the contract isn’t valid. It only gives the person who was hurt the right to go to court and demand that the other party live up to their end of the deal.

 

So, if the seller refuses to sign the deed of sale, you need to go to the notary’s office so that the proper steps can be taken to make sure the contract is followed. If the seller still won’t sign, you may have to go to court.

 

If all the conditions of the contract have been met and there are no other factors that could change the outcome of the sale, the court can say that it is official. If there are mitigating factors, a court may decide that pay is more appropriate than specific performance of the contract.

 

11.3. The state of the property when the work is done

The seller has to make sure that the house is in no worse shape than it was when the sale contract was signed. If there was a major decline in the property’s condition between this date and the closing date of the sale, the buyer can ask that it be fixed up to its original state.

Visit the house the day before the closing if you can to make sure everything is in order, especially if the sale includes a lot of home furnishings and equipment.

In the meantime, you can also make sure that you will have full control of the property once the deal is done. In the past, lodgers or family members have been found living there after the deal was done!

11.4. Sale Deed

Once all the checks have been made and the money is ready, you will be asked to go to the notaire’s office to sign the acte authentique, which is the deed of sale. Notaries are the only ones who can legally move property by writing this kind of deed.

 

The notaire should go over the most important parts of the deed of sale with you. If you don’t speak French, you should make plans for someone to translate. You might have to pay for the translator if the notaire provides one.

 

There are times when notaries have changed the terms of the sale and purchase agreement or not fully transferred important clauses from one document to the other. This means that the deed should match the terms of the agreement. Most of the time, this is the case because most notaries use standard forms for contracts and property deeds. Also, certain terms that are included in the contract stage may not be included in the deed of sale unless they are only important for the contract itself.

 

Because of this, you need to make sure that all the important parts of the sale and purchase agreement are included in the deed of sale and that it stays the same, unless the buyer and seller agree to make changes.

 

If there are parts of the deed of sale that weren’t in the sale and purchase agreement that change the conditions, responsibilities, or rights of the agreement, you can back out of the sale. However, you should know your rights and take legal help if you need to.

 

And finally, even though it may seem strange, neither the buyer nor the seller have to be in front of the notaire to finish the paperwork.

 

If you can’t make it to France to finish, you can give someone who lives in France, like a family member or friend, the “Power of Attorney” to sign on your name (signer par procuration).

 

This comes with some risks, but it happens all the time. For example, a clerk in the notaire’s office is sometimes put in charge of this. But be careful with that because you should really know what you are signing.

 

You can sign the procuration at the same time as the sale contract to move forward in this way. Instead, the notaire will send you a copy of the deed of sale and a letter that you need to sign to give them permission to use Power of Attorney. Most of the time, notaries expect this kind of permission to be signed in front of a legal notary in your own country. However, this does not always happen.

 

Starting in November 2020, you can also give someone power of attorney and do the whole signing process online through videoconferencing and remote electronic signing. This means that you don’t have to go to the notary’s office.

 

There are, however, some notaires who are unwilling to do it, and setting it up can be tricky.

 

11.5. Proof of ownership document

After signing the deed of sale, you should ask the notaire for an attestation, which is a proof of purchase. You can use this to get public services for the property, open a bank account, and other things if you haven’t already. They are, in fact, temporary title papers.

So, the certificate can be shown to any public utility service to get a link, such as for gas, power or a phone.

You should also be given a record for the money you paid the notaire to buy the house at the time you sign.

After 6 months, you should get a copy of the deed of sale along with a full list of fees and costs. There are some notaries who take a long time to do this, so you need to be persistent if we are late.

Strangely, a copy of the deed is not usually sent to the seller. However, you can offer to pay the notaire for one or later get one from the French land register.

11.6. Financial Statements

The notaire should give you two financial statements, one for the buyer and one for the seller, when you sign the deed of sale at the same time.

 

This statement is known as “decompte acheteur/vendeur.” It is a summary of the deal’s financial parts.

Once the property is officially listed with the land registry, the seller should also get a “recensement final,” which is a summary of the property’s income and expenses.

These rules are set by the professional standards for notaries and say, “Once all the formalities for an act are completed, the notary gives the client a copy of the bill and a full breakdown of the fees.”

 

 

12. House Buying Fees & Taxes in France

The formal fees needed to buy a house in France are called frais de notaire, which translates to “notary fees.” This general term, on the other hand, includes both the fees and the taxes.

12.1. Notary fees in France are called “Frais de Notaire.

Here is a list of all the fees and taxes that need to be paid.

Older Property: When you buy an existing home, you’ll have to pay between 7% and 10% of the purchase price in taxes and transaction fees.

New Property: When you buy a new home, you’ll have to pay around 2% in legal fees and registration fees, as well as 20% VAT on the purchase price, unless you’re buying from a private person.

Only about 1% of this amount goes to the notaire’s fee, which is called an émolument. Stamp fees registration taxes (droits d’enregistrement) and payments make up the rest.

The government sets notaire fees, which change based on how much the property is sold for.

If a mortgage is being obtained for the purchase then you should budget around 2% of the loan in fees and costs, comprising registration costs, the additional professional fees of the notaire (0.26%) and the lenders fee.

Similarly, if you are buying the property through a French property company, a Société Civile Immobilière the fees will be higher.

The fees can’t be more than 10% of the price of a property or the rights to a property, according to Article R444-9 of the Code de Commerce.

“The amount of money the notary takes in as fees for services related to the transfer of a real estate property or right cannot be more than 10% of the value of that property or right, nor can it be less than the amount set by the stoppage in Article L. 444-3, nor can it be less than 90 euros.”

Laws say that you can talk to the notary about their fees, which are based on a share of the property. This is different from what most people think. It can’t be more than 10%, but only on homes that sold for more than €150,000 and only on that part of the fee scale that applies. Starting in January 2021, the amount that could be changed went up to 20% of the sale price above €100,000. Negotiating fees isn’t something that happens very often. If you have tried it, please let us know.

Obviously, you may have to pay other professionals, like an estate agent, lawyer, avocat, financial advisor, building surveyor, or land surveyor, based on your situation. If you need a land appraiser, it’s common for the seller to pay for them or at least split the cost.

 

You may also have to pay extra notaire fees on top of the basic charge if you need specialised advice or if the sale contract needs to include difficult clauses that aren’t covered by the normal terms of the contract.

A notaire should and will usually take care of these extra tasks as part of their main fee, but this isn’t always the case. The notaire is required by law to let you know ahead of time if there is an extra fee. They can’t just add extra fees to your bill without telling you first. If you’re not sure, just ask.

There are also some extra costs that the notaire has to pay for, mostly related to registering the land and making requests with the local council and the national rural land agency (called SAFER). Usually, they won’t cost more than a few hundred dollars.

Some of the extra costs that come with paying the bill will be estimated. The notaire will usually ask for more money than is needed to cover expenses in case there is a gap. However, you will get any extra money back when the property is finally registered with the land office. But this could take a year or more.

 

12.2. Taxes on buying a house in France

In the last part, we talked about the notaire fees that are needed to buy a house. We’ve put together a list of all the local taxes and stamp duty land registry taxes that you need to pay. The taxes you have to pay depend on the kind of property you buy.

1. Older Property

The amount of taxes varies based on what area the property is in. There are a lot of areas where the taxes are 5.80% of the buying price. There is a lower rate of 5.09% for a very small amount. The notaire can tell you what the rate is in your area. When property is split between people who already own it, like in a divorce or a gift, the rate is lower, at 2.50%.

 

1. Property Not Yet Built

When you buy an off-plan property (Vente en l’état futur d’achèvement – VEFA), you have to pay 20% VAT on top of the base price.

It’s possible that the price listed for these kinds of homes will include all taxes. In other words, “all taxes included.” But you should be sure of this before you agree to the price. The rate of stamp tax is 0.7% instead of the normal rate, which is less.

 

iii. A new property

The same goes for new homes that are less than five years old and are being sold to you by a qualified real estate professional, like a developer or dealer.

It’s possible that the property is being sold “TTC,” but you should check with the seller first. In this case, you pay 0.7% stamp tax on top of the 20% VAT on the buying price. When two private people buy a new home that is less than five years old, they don’t have to pay VAT, but they do have to pay stamp tax, which is usually 5.80% to 5.09%.

 

1. Building Land:

When two private people buy or sell building land, they have to pay the normal registration taxes of 5.80% to 5.09%.

 

If the building land is given to you by a real estate agent or developer, you will have to pay 20% VAT. However, you will only have to pay 0.7% stamp tax if you promise to build within 5 years.

12.3. Figuring Out the Costs and Fees of Buying a Home in France

A lot of automatic tools can be found online that can help you get a rough idea of the fees, taxes, and other costs you will have to pay.

The most accurate and complete one can be found on the Notaires de Paris page under Estimation des frais d’acquisition. However, the rates aren’t always up to date or complete. It will only work if you know how to speak and write French.

You may also ask your notaire to give you a rough idea of the taxes and fees. In fact, many people will often give out this kind of information. You should also get a final, thorough account when the work is done.

12.4. Ways to Cut Costs

There are three ways to keep the prices of your transactions low.

1. Splitting the costs

The buyer usually has to pay the transaction fees (frais de notaire), but you and the seller can agree that they should be split or even paid by the seller! It would depend on how strong your bargaining stance is. Perhaps lowering the price of the item would be the best way to reach this goal.

1. Commission for real estate agents

Most of the time, the buyer pays the fee to the real estate agent. However, this is not always the case. More and more, the seller is now the one who pays the fees.

The sale ad must make it clear that the buyer is responsible for the fee if that’s the case.

So, the profit should be written out separately in the sale contract, so it doesn’t get added to the total sale price, which is what determines how much the notaire fees are.

 

The profit that an estate agent gets can add a lot to the total fees that you have to pay, so find out about them right away.

Our Guide to Estate Agents in France, which you should read, talks about the rules and practice of estate agents’ fees.

iii. Furniture

If you are getting furniture or other things along with the house, make sure that they are not included in the price of the house itself. This is because you do not have to pay stamp duty on them. The sale deal must list all the furniture and other things you want to buy and give each one a value.

Perhaps not a lot of money will be saved, but it will be better if you can get the notaire to agree not to charge any fees for the sale of the furniture!

You shouldn’t go too far either, because the tax office might ask a few questions if they think the furniture is worth more than it should be.