Buying a Property in France

The laws that apply to the sale of property in France are somewhat dependent on the nature of the property itself.  In this article I will outline the procedure for buying an existing property with one hectare or less of land.  The procedure for buying properties with more than one hectare of land is very similar, however these transactions are liable to the intervention of the Société d'Amenagément Foncier et d'Establissement (SAFER), which reserves the right to intervene in order to preserve land for agricultural use.

The offer can be made either verbally or in writing.  Depending on the market, most vendors will be open to negotiation and it is generally worthwhile to ask the estate agents' advice on this matter.

Both the buyer and the vendor will sign a preliminary contract known as the Compromis de Vente.  This is a legally binding document and the buyer is required to present a number of formal documents including passports, birth certificates as well as applicable marriage/divorce certificates.

Unless alternative arrangements are made conveyancing of the sale will be undertaken by the  notaire appointed by the vendor.  This represents a significant departure from English practise and as such many English buyers like to appoint their own notaires to oversee the transaction.

The signing of the Compromis de Vente is followed by a week-long cooling off period during which either party retains the right to pull out of the deal.  Following this period the contract is rendered fully binding and the buyer is expected to pay a deposit (usually ten per cent) to the notaire.

Depending on the nature of the property and the buyers future plans, it is often a good idea to have special 'get-out-clauses' inserted into the contract.  These are designed to protect the buyer against penalties should they pull out of the contract and may cover aspects relating to the physical state of the property and the local authority's rights of pre-emption.

Following the 'cooling off period' the vendor's notarie is obliged to carry out all the relevant checks.  These include the searches, charges, planning information, legal-ownerships, site boundaries, rights of way, rights of pre-emption, title deeds and the confirmation of the buyers personal details.

The completion of the above formalities normally takes around three months and once they have been completed to the satisfaction of both parties, the notarie will ask the buyer to pay the remainder of the purchase price and his share of the legal fees.

Once this payment has been made the notarie will invite both parties to his office for the signing of the final deed, which is known as the 'acte de vente'.  If the buyer is not available for the signing he may instruct a representative to take his place.

Once the 'acte de vente' is completed the notaire registers the title of the property with the Bureau de Conservation des Hypothèques, which is the equivalent of the English Land Registry.  The registration process can take up to a year to complete after which the new owner will receive an official copy of the 'Acte de Vente',known as the 'Expedition de Vente'.  The original document will be kept in perpetuity at the notaire's office.  Owners who are not French residents for tax purposes should register the ownership of their properties with the Centre des Impôts des Non-résidents at 9 Rue d’Uzès, 75094 Paris Cedex 02, before the end of their country's tax year.