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The process of buying property in France can seem daunting with the
regulations, strange process and of course the language barrier. We have tried to put together a
simple guide to help you through the process of buying a property in France.
Property inspections to be carried out by the Seller
When selling a property in France the seller has to inform the potential buyer
everything that they know about the property, including in theory, problems... Technical inspections must
be carried out addressing a number of specific issues prior to the sale of the
property completing.
Inspections Carried Out
- If the Brittany property is co-owned then the surface area must be provided pursuant to the Carrez Law. The seller must indicate to within
a tolerance of 5% the surface area of the
property and vouch for this accuracy for a period of one year after the sale.
Services of a professional are normally used to take these measurements.
- Depending on the properties location in France tests may be required for termites
and fungal issues.
- If the property is of a certain age a test for lead must be made. Properties constructed before 1 January 1948 must be inspected
within the previous 12 months to the property sale.
- Since 1 September 2002 detached properties must be tested for Asbestos. For
properties in Brittany built before 1 July 1997 a test for Asbestos must be carried out.
This test must be carried out by an authorised, insured professional. If an
Asbestos report is not carried out then the seller is liable for the removal of
any asbestos that may be found on the property at any time over a thirty year
period.
- Properties are now also sold with an energy efficiency value, just like
you would expect to find on a Fridge or Freezer.
- There are currently inspections of all
septic tanks in France to ensure that they are not polluting. A modern
alternative that is much cleaner, uses less land and make little or no nasty
smells is a
compact package sewage treatment plants in France known as
Micro
stations d'épuration.
Purchasing Property in France
Notaires specialise in property and family inheritance law. They are public officials
authorised by the government to prepare private contracts and are there to
assist you. Any property transaction must meet the requirements of French and
International Law.
Pre-Sale AgreementA Pre-Sale Agreement is a contract between the seller and the buyer which in
effect freezes the property ensuring no one else can purchase that property. The
contract is normally valid for a few months during which time the Notaire will
prepare the sale documents. This process normally takes about 3 months but can
take longer to obtain the necessary paperwork, especially if the period passes
within the August holiday period. This agreement is normally signed
within a few days after the buyer and seller having reached an agreement on the
property sale price etc.
This agreement obligates the seller to sell the property and the purchaser must
normally provide a security deposit (usually 10% of the purchase price) after a
7 day cooling off period. These pre-sales agreements can differ a little, each
having its own advantages and disadvantages. A Compromis de Vente (Purchase
Agreement - which is the most common) is used when a buyer makes a commitment to purchase the property. Promesse de Vente (Undertaking to Sell) includes no such commitment but the
buyer will still loose their deposit if they pull out of the sale. The Promesse de Vente
must be registered within a strict time period or it is null and void, whereas
with a Compromis de Vente there is no such requirement. These agreements are
normally prepared by your notaire. The buyer may instruct their own notaire or
share the sellers notaire with the fee being shared between both notaires.
Compromis de Ventes are normally used when it is an individual purchasing a
property and a Promesse de Vente for developers. Your Notaire will advise
you as to which type of agreement is most suited to your situation.
Suspensive ConditionA number of provisions (suspensive conditions) can be stipulated within the
contract. These provisions stipulate that the contract will be invalidated and
both parties released if certain events do or do not take place prior to the final sale e.g
if the purchaser's mortgage application is rejected, certifcate d'urbanisme
(confirmation of planning approval) is not approved, problems arising from the
inspection reports etc. These Suspensive conditions have to be agreed between
the buyer and the seller and ensure that for example; you are buying a
property and need planning permission to convert into gites this condition is
set out in the Purchase Agreement, if planning permission is refused the buyer
may pull out of the sale and will not loose their deposit.
Once the Agreement has been signed the buyer has a cooling off period of 7
days during which time they can withdraw from the agreement and no deposit is
paid.
It is also important to list in this agreement any items to be included in the
sale. Some large objects that you may naturally assume are part of the house
sale like stone feeding troughs in the garden, often disappear over night! CompletionOnce all the conditions of the agreement have been met and the Notaire has all
the necessary paperwork the buyer and seller will meet with the Notaire for the
signing of the Acte de Vente (Transfer Document). The balance of funds
must also be paid including any tax and Notaires fees (normally the Notaire will
insist on having cleared funds transfered to them a few days before the final
signing. The Notaire will read
through the document and both parties will need to initial each page and then sign
the final page. The buyer will then
receive an Attestation de Propriete (Confirmation of Purchase) and a receipt for
the purchase price plus the keys to the property. Fees and TaxesWhen purchasing a property it is important to ensure that you know the full
costs involved. The buyer pays all expenses relating to the sale and not all
agents will show the full price when advertising a property for sale. These
Notaires fees are primarily paid as tax. The Notaire is responsible for
collecting the tax on behalf of the French Government. The tax is normally about
5% of the purchase price, together with another 2% for the Notaires fees and
other miscellaneous fees. It is worth checking with the Notaire exactly what
these fees are.
Glossary of Terms
Accompte - Deposit
Acte Authentique - Transfer Document drawn up by the Notaire
Agence Immobilière - Estate Agent
Amiante - Asbetos
Attestation de Propriete - Confirmation of Purchase
Bon de Visite - Form completed by a person before they view a
property. This form means that if for a set period of time you wish to
purchase the property viewed you must purchase it through the Notaire or Agent
you signed the form with
Cadastre - Register for local town planning
Carte Professionelle - Professional registration of an Estate Agency
Certifcate d'urbanisme - Confirmation of Planning Permission
Clause Suspensive - Suspension Clauses which can be included in the
initial agreement for purchase
Compromis de Vente - Purchase Agreement Drawn up between the buyer and
seller of the property.
DDE - Department of the Environment
Etude de Sol - Test carried out for permission for a Septic Tank
Fosse Septique - Septic Tank
Immobilier - Property or Estate Agent
Impot - Tax
Mandat - Form
Mandat de Recherche - Form which a buyer signs when engaging an agency
to search for a property
Notaire - Public Official authorised by the French Government to to
prepare private contracts
Permis de Construire - Planning Permission
Promesse de Vente - Undertaking to sell the property
Taxe D'Habitation - Habitation Tax payable for occupation of a
property
Taxe Fonciere - tax payable for ownership of a property
Toutes Taxes Comprise (TTC) - price includes all sales taxes
This is our interpretation of the French regulations so please check with the
Notaire for any changes in the regulations and how they apply to your property
purchase. We accept no responsibility for any errors or misinterpretations of
any of the information on this page.
Property Agents - Sites
English Speaking French Notaire in Pontivy, Brittany with a
wide range of
Brittany properties for sale to suit all budgets
Breton-Homes.Com
Breton-Homes.com listes Brittany properties only from
carefully selected registered estate agents in Brittany, France
and has a wide range of
properties for sale in Brittany France. Please see
http://www.breton-homes.com
French House Insurance
Once you have chosen your house you need to start thinking
about house insurance please contact
www.french-insurance.com your bi-lingual insurance company
based in France. House insurance must be in place at the
time of purchase.
Registered Builders
Arti Construction are a registered building and construction
company in France. They not only build modern and
ecologically sound properties but also combine expertise in
renewable energy in the form of wind and solar energy
systems.
Sarl Welby are an English Speaking French Registered Builders
based in Brittany
Brittany Select your English speaking French registered
builders with over 10 years of experience |
