French Property Information

Property Buyer`s Guide


Guide to buying in France

Process can be easier that in the UK, with the sale becoming binding much sooner during the process than in the UK and taking three or four months, from making the offer to signing the final contract..

Ways you can buy (shared 50/50):

Privately, via auction, or notaires (notary public)
via Estate Agents (immobiliers)
Ensure associated to either: FNAIM (www.fnaim.fr), SNPI (www.snpi.com) or UNPI (www.unpi.org) registered.

Auction Types

TYPE: La vente judiciaire en cas de saisie immobilière (Repossession auction)
WHERE: Tribunal de Grande Instance
INFO: Lawyers must submit sealed bids on reserve price quoted (60-80% of value) with covering certified cheque (10% + all costs): Cahier des charges gives property info
ADVERTISED: at the property itself, Town Hall, Court house,local/national press. from the Tribunal de Grande Instance.

TYPE: La vente volontaire devant notaire (PUBLIC : auction by owners/relatives)
WHERE: Notaire's office and elsewhere : Need to provide returnable 5 to 20% of property value to participate
INFO: Candle lit once last bid is made and accepted once it burns out, without a higher bid arriving : Cahier des charges gives properties info
ADVERTISED: Regional/national press, at notaire's office & www.paris.notaires.fr for the Marchê Immobilier des Notaires - MIN

TYPE: La vente des domaines (PUBLIC : vacant or state propery auction)
WHERE: Notaire's office and elsewhere : Need to provide returnable 5 to 20% of property value to participate
INFO: Candle lit once last bid is made and accepted once it burns out, without a higher bid arriving : Cahier des charges gives properties info
ADVERTISED: Regional/national press, at notaire's office & www.paris.notaires.fr for the Marchê Immobilier des Notaires - MIN

Within 10 days of auction, a  bid over 10 per cent of successful bid can be made

Propery prices with the letters FAI show agent's fee of around 4-10% included, but do not include the notaire's fee (2.5-8% = Fixed 6.3% stamp duty/land registry fees, more fees if a complex case/acting for foreigners).
 
19.6% should also be added for VAT, if not already included.

A Notaire (laywer) processes all sales, whether private or via an estate agent, for the state and are required by law to act impartially (equally for both buyer and seller), you can appoint your own, to share the work and fee, with the appointed one. Asking the right questions is a must, as the way to ensure recieving all the information. www.notaires.fr

e.g Questions on "French Inheritance Laws".

Independent legal advice, to carry out more consise Pre-Contract Enquiries and view cadastral plans, can be sought at an added cost to you (caveat emptor : buyer beware).
Three to four months is normally enough time from sale to final signing

Summary of the process of buying property in France

  • Notaire request a free 'relevé' or 'matrice cadastraux' from the Town Hall (Summary of rights of useage, future development rules, taxes, water/electricity/sewage)
  • Request a detailed "town planning" version :  'Certificat d'urbanisme' CU ('certificat de simple information' existing rights for development/'certificat opérationnel' whether a specific development can be undertaken on the land. ', valid for one year)
  • Agree Complete price & clauses suspensives (options that enable you to withdraw after signing)
  • Possibly provide a promesse d'achat (shows a lower offer is serious)
  • Sign the compromis (first contract with seven-day cooling-off period)
  • Get surveys and wood termites, lead and asbestos reports etc.
  • Pay the deposit (Often 10%) Searches on ownership (French inheritance), land boundaries and rights of way
  • Final signing and cleared balance of your payment to notaire (View property, as sold as seen, on that day). Arrange for electricity, water, telephone etc and produce a letter or “Attestation”, confirming that you have obtained house insurance

The certificat d'urbanisme (CU) is a certificate of town planning or urban development - not a building permit as such. It lays out what are the rights

attached to a specific property and the buildings on it, outlines their function and purpose, and details what future development can be carried out on the

terrain. It tells you what 'zone' your property is in (agricultural, urban, etc) and what will be the tax on the land and buildings in the area. It also

outlines the current or planned services to which the property will be connected: water, electricity, town sewage and so on.

The lesser form, the 'relevé' or 'matrice cadastraux', which you can obtain from your local town hall or mairie, outlines the current use of the land and the

use to which it may be put, but if you want more information, you can request a certificat d'urbanisme, which is free of charge.

There are two types of certificat d'urbanisme:
* the 'certificat de simple information' gives you information on the existing rights for development of the property but does not tell you if it may be

developed beyond what has already been allowed.
* the 'certificat opérationnel' provides information on whether a specific development can be undertaken on the land.

RENOVATION TIPS

  • Intended renovation is larger than 170m2, then architect's plans will have to be submitted.
  • permis de construire determins what work can be done
  • declaration de travaux for minor work that is exempt from the permis de construire  (e.g. skylight, conservatory under 20sqm)
  • Present a permis de construire (building permit) meeting the requirements/permissions within a CU (certificat d'urbanisme)
  • prolongation de validité extends a CU (certificat d'urbanisme) and the options within

All information is given without warranty, any kind!