What to do when buying French Property

The lists of DOs and DON'Ts below provide some guidance when buying property in France. They are not exhaustive lists, but they do give you an idea of the key issues you should consider when buying a French property. The information is not a substitute for seeking legal advice on your specific purchase.

DO:

• Make a thorough inspection of the property and the surrounding area, and consider getting a survey of the property – this is important because the property is “sold as seen”. A final inspection on completion day is also strongly advised.
• Check the extent of the land you are buying and the location of the boundaries in comparison to the Land Registry map (plan cadastral).
• Check what you can and cannot do in respect of a co-owned property (co-propriété). The rules of co-ownership (règlement de copropriété) may prevent you from carrying out certain activities (for example this could be anything from not being able to hang out washing on a balcony to not being able to sub-let).
• Check if there are any rights of way over the property in favour of third parties, and check if you will need any rights of way over adjoining land for access etc.
• Get advice on the best legal structure for ownership – this must be decided before signing the completion deed (acte de vente).
• Get advice on the French succession and inheritance tax rules to understand how they will apply to your estate.
• Check if the benefit of the contract (compromis de vente) is freely assignable. You may want to change the buyer prior to completion (for example you decide to purchase through a company).
• Investigate your financing options early on. This is particularly important in the current economic climate. Shop around for a provider who can do the best deal on the exchange rate and mortgage.
• Find out from the seller what items he will be leaving at the property and what items he is willing to sell to you. In France, you may find that items you would expect to be left are not (for example door handles and light sockets may not be left unless specified in the contract).
• Visit the local Mairie to find out as much as you can about the area. You can find out whether the area currently permits development, or whether it is non constructible,  whether they are any local development projects (such as a new train line or airport) and whether the property is situated in an area susceptible to flooding, cyclone, landslide etc.
• Ask for a condition in the contract to cover you successfully getting planning permission (or outline permission) if you intend to carry out development requiring permission – otherwise you may be bound to buy but not be able to do what you want with the property.
• Ask about the condition and current maintenance status of the fosse septique (if you buy and it turns out the tank needs replacing to comply with regulations, it will be at your expense), and if there is a swimming pool check that it complies with the safety regulations (if it does not, the owner can be fined for non-compliance).
• Sort out your insurance ready for completion – the Notaire will ask to see proof of insurance.
• Get together all information the Notaire will request to confirm your identification (your état civil). This will include your passport, details of your date and place of birth and marriage, details of your divorce (if relevant), your nationality and current address.

DON’T:

• Don't assume the purchase process is the same as in the UK – it is not!
• Don't sign any documents you do not understand.
• Don't sign any document creating a binding contract without being satisfied about going through with the purchase – it would be better to get answers to your enquiries before signing than to rely on the cooling-off period to back out, although a delay in signing exposes you to the risk the seller will decide to sell to someone else.
• Don't leave the transfer of funds to the last minute – the Notaire must have the funds in time to complete on the specified day.
• Don't forget to budget for the costs of the estate agent (if you are liable for these fees) and the Notaire, and any additional legal advice obtained.
• Don't make any travel arrangements or book a removal company until you have it in writing from the Notaire that the completion date is confirmed. Unfortunately completion dates in France are not “carved in stone” and are often delayed.
• Don't forget to review your Will once you own a French property – French succession rules are very different to English law.

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