French property law

Buying and selling French property

Buying or selling property in France differs significantly from the UK process and requires a clear understanding of the legal framework.

In France, the seller is responsible for commissioning a set of mandatory technical diagnostic reports (diagnostics techniques) relating to the property. These typically include reports on asbestos, lead, energy performance (DPE), gas and electricity installations, termite infestation, natural and technological risks, and, where applicable, septic systems. Once a buyer has made an offer to purchase and this has been accepted by the seller, the estate agent, or the notaire, will usually draft the preliminary sale agreement.

Following the signature of the preliminary contract, the French notaire carries out the legal searches relating to the property. Completion typically takes place approximately three months after signature of the preliminary agreement, when the final deed of sale is executed.

Whether your transaction is a property purchase or sale, we ensure that you fully understand the legal implications at each stage and that your interests are properly protected.

We guide you through process by:

• Explaining the French buying and selling process and the documents you are required to sign
• Advising on ownership structures and succession considerations, which is particularly important when acquiring property in France
• Liaising with the estate agent and the French notaire on your behalf
• Providing detailed reports in English on the preliminary sale agreement and the final deed of sale
• Advising on additional clauses or contractual protections where appropriate
• Advising on French and UK capital gains tax considerations arising from the sale of French property

French property transfers on divorce

Our team have extensive experience assisting clients with the transfer of French property following divorce or relationship breakdown.

Where a French property forms part of a divorce or relationship breakdown, the involvement of foreign law can add an additional layer of complexity at what is already a difficult time. However, with the right support, the transfer of a French property following divorce or separation does not have to be complicated.

How we can assist with French property transfers:

• We liaise with the French notaire on your behalf and arrange certified translations of key documents, including divorce consent orders and divorce decree where required
• We review the property transfer deed, ensure that the proposed arrangements properly reflect your interests and that the applicable duties and taxes are calculated at the correct rate, and provide a detailed report in English explaining its legal effect
• We advise on the capital gains tax implications arising where you are relinquishing all or part of your interest in the property
• We can work closely with your English family lawyer to ensure that the French transfer aligns with the wider divorce settlement

French property rentals

Renting out a property in France, whether on a long-term basis or as a seasonal or furnished rental is subject to specific legal and regulatory requirements. Navigating these rules can be challenging, particularly for owners who are not resident in France.

We advise clients on the French legal framework governing property rentals, helping you understand your rights and obligations as a landlord and ensuring that your rental arrangements are legally compliant.

How we assist with French property rentals:

• Advise on the applicable rental regime (long-term, furnished or seasonal lettings) and the legal obligations attached to each
• Draft and review French lease agreements, explaining their terms and legal effect in plain English
• Expertise on regulatory requirements applicable to rental properties, including registration and compliance obligations where relevant
• Assist with landlord and tenant issues

Our aim is to ensure that your French property rental is legally sound, clearly documented and managed with your interests fully protected.

French property law and contentious matters

There may come a time when you own a property in France that a problem arises and you do not know how to resolve it.

Our specialist team has experience in assisting clients with a wide range of contentious issues arising from the ownership of French property, providing clear advice and practical solutions where disputes or enforcement action are required.

Examples of French property disputes and contentious matters we have handled include:

• Issues arising from mandatory technical reports
• Issues arising from the completion deed (acte de vente) following the purchase or sale of French property
• Disputes involving neighbouring properties, including boundary issues, rights of way and nuisance claims
• planning disputes
• Property insurance claims
• Landlords and tenant disputes, including rent arrears, termination of leases and eviction proceedings
• Enforcement procedures, including property seizure
• Drafting and sending formal letters of notice (mises en demeure) and liaising with French bailiffs (huissiers) and local lawyers to progress matters efficiently

Our role is to protect your interests, assess the available remedies under French law, and guide you through dispute resolution or enforcement proceedings with clear, practical advice in plain English.

Choose Furley Page

We can help explain how French and English law applies to your case, and as necessary liaise with advisers in France and the UK to arrive at a positive outcome. Our French qualified lawyer (avocat) can liaise with a French local lawyer, the notaire, estate agent and English solicitors on your behalf.