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A Guide2 Buying and Owning Property in France

Local: Resources
1. Find the righ property in the right place
2. Sign the Preliminary Contract
3. Make sure you've made the right decision
4. Sign and accept your Mortgage Offer
5. Sign the Deed of Sale

Description:

Found your ideal property in France on the GUIDE2 property listings?  We've put together this short guide to buying and owning property in France to help you understand the process of buying, and the taxes you will have to pay as an owner.

 

Know the process

Find the right property in the right place

 

Use the GUIDE2 regional info zone to check out the area you're thinking of buying in - you might be able to narrow your search based on what we can tell you about it.

 

Sign the Preliminary Contract

 

Once you have had your offer accepted, you will have to sign a Promesse de Vente or a Compromis de Vente.  Normally drawn-up by the Estate Agent or Notaire, this stipulates exactly what's included in the price, and commits the seller to the transaction.  A deposit of 5 to 10% is required at this point.

 

Make sure you've made the right decision

 

You have the right to pull out of the sale without penalty, if you notify your decision by letter within 7 days after making the agreement.  Your deposit must be refunded within 21 days of your withdrawal.  If the sale depends on you getting a loan, make sure this is written into the contract.  If you fail to get the loan after 7 days has elapsed, you (and your deposit) will be protected.

 

Sign and accept your Mortgage Offer

 

Whether you are using a UK or French bank, the rules are the same.  You have to wait for at least 10 days before signing and returning your mortgage offer, but you must do it before 30 days have elapsed.

 

Sign the Deed of Sale

 

Prepared by the Notaire, and signed by you, the Acte de Vente is normally finalised at the Notaires office with the buyers and sellers in attendance.  Once the funds are transferred, you are the owner of the property.

  

Know the costs

Estate Agents Fee

Your Estate Agent (Immobilier) will normally charge between 4% and 8% of the sale price, but depending on the conditions, the price of the property might include this fee.  As the buyer you will pay this fee.

 

Notaires Fee

Paid by the buyer the Notaire Fees are set by regulations, and will cost between 5% and 8% of the sale price.

 

Surveys

As the buyer you will be required to have any surveys carried out prior to sale (ie for termites, asbestos etc), so check with your Agent if you will need to pay for these.

 

Land Tax

Taxe Fonciere is calculated on the size and type of land you own, and is paid by the owner of the property.  The tax covers the year 1 Jan to 31 December, but you will normally get a bill in the Summer, to be paid during the last qtr of the year.  New build homes can be exempt from this for 2 years.

 

Council Tax

Taxe d'Habitation is charged locally and pays for things similar to those covered by the UK council tax.  Based on the rental value of the property, account will be taken of the number of habitable rooms and floor space when calculating the amount due.  Normally billed in October and to be paid by December.  If your property is rented out long term, this tax is payable by the occupants.  If your property is a holiday home, or permanent residence, you are liable to pay.

 

TV Licence

This fee is collected in the same way as Taxe d'Habitation, and is listed on the same bill.  This is usually around 116 Euro.

 

French Inheritance Laws

These are weighted towards protecting the interests of children, and so the spouse will have to share the proceeds from a property sale with surviving children equally.  Seek professional advice from specialist solicitors in French Property Law if you have issues with this.

 

Know who's involved

The Notaire

The Notaire is a publicly appointed official, and is personally responsible for ensuring the sale and purchase is carried out properly, and that any legal clarifications are properly written into the Deed of Sale.  They represent the French Government and not the seller or buyer, and so are completely impartial in the transaction.  Normally one Notaire represents both buyer and seller.

 

The Immobilier

The Estate Agent is instructed by the seller, and is normally weighted in their favour.  Many are geared up for foreigners buying here, and so will provide help in translating and helping you through the processes and paperwork if you are not a French speaker. 

 

The Vendors

Because of French inheritance laws, if you are buying a former family home the written consent to the sale and price needs to be given by all family members, and this can take time to achieve.  The Immobilier will normally manage this process of contacting all of the people required.

 

 

 

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