This is a basic overview of the process of buying property in the South of France.

There is a myth that buying a villa or other property in the South of France is complicated, when actually it is straightforward and well regulated.

As long as the buyer understands what is required from them in advance and how the process works, problems will be kept to a minimum.

The most important thing to bear in mind is that once you have had an offer accepted, the sale becomes binding a lot sooner than it would in an English transaction.

The majority of property sales are conducted via a French estate agent, Most will ask you to sign a “Bon de visite” Don’t worry this simply confirms to the vendor that this agent showed you the property.
 

French Property Pricing

The prices displayed by a French estate Agent, should include the agents fees, which vary between 4 and 10 percent of the property price.
 

Always ask the agent what is included in the asking price, do not assume.

Notaires fees are rarely included, again ask before you view for an approximate cost of the there fees, and include the 19.6 % TVA on any fees (VAT).

Surveys in France

You may be surprised to know that surveys are not normally carried out prior to purchase in France. This does not mean you can’t have one. If you have reservations about certain aspects of a property, you can arrange a survey yourself, or if you know a local builder, you could ask their advice on any works which maybe required and the costs involved.

Do this before you make an offer and definitely before you sign any contract. If this is not going to be within your timescale, you can ask your Notaire to add a “clause Suspensive” to the “Compromis de vente”, making the purchase subject to a satisfactory survey.
 

Technical diagnostic report

French law requires the vendor to organise and pay for an up-to-date report on the property, covering lead, asbestos, termites, gas, electricity, and energy, also if the property has a pool, a report on the safety features of the pool.

The “Dossier de Diagnostic Technique” Should be attached to the “Compromis de Vente”
 

Ask the Agent or Vendor to show you the plans of the property and its boundaries, check that there are no plans to build other properties close to your property.

Making an Offer

When you have found your ideal property in France, you make an offer in exactly the same way as you would in the UK.

Sale/Purchase document

You have found a property and agreed on a price, you will now be asked to sign a “Compromis de Vente”.
 

This sets out the main terms of the agreement between the buyer and the seller. Normally the buyer will be asked to pay a 10% deposit at this point, which will be held by the Notaire.

Clauses Suspensive, (Conditional sale clauses) These clause allow you to withdraw from the purchase, you can add any clause you want, like subject to satisfactory survey or ensuring certain repairs are carried out, providing the vendor is willing to accept them, if the purchase is subject to a mortgage, the Notaire will automatically include subject to funds being made available.
 

Take you time and think about what clauses you may want to add, do not expect the Agent to be to forthcoming with suggestions.

The compromis will include an expected completion date, when you will have to sign the “Acte Authentique”. Be aware that this date is not legally binding and is used more as a hoped for date!
When you have signed, the seller will then sign, you now have a legally binding contract.
 

Cooling off period, you now have a 7 day cooling off period, during this period you have the right to withdraw from the purchase without a penalty (The seller cannot withdraw during this period).

IMPORTANT - After the 7 day cooling off period the contract is legally binding, DO NOT SIGN A COMPROMIS DE VENTE LIGHTLY!

Information required to sign a Compromis To draw up the contract you will be asked to provide the following - your passport, marriage papers and divorce papers. If you are borrowing money you will need to provide details of the loan.

The Notaire and French property transactions

According to French law the only person permitted to perform the conveyancing is a Notaire.
 

The Notaire is legally required to act impartially, for both the buyer and seller, not what UK buyers will be used to.

You can appoint your own Notaire, at no extra cost (the 2 Notaires will split the fee), but this can be less efficient.
 

If you want a UK solicitor to oversee the purchase you will be responsible for their fees as well.

A Notaire’s fees range from 2% to 8% The cheaper the property the higher the fee. Always ask in advance.

As with a UK transaction the Notaire will carry out all the local searches, land registry rights to ownership, boundaries and rights of way.

IMPORTANT NOTE

French searches do not include looking for any private planning permissions that may exist near your property. You will need to visit your local Mairie and ask to see the “Plan communale” you could ask your agent to do this for you.
 

Timescale

The whole process should take three to four months, from signing the compromis to moving in.

Tax and legal matters

You should take professional advice on all legal and tax matters.

Funds
 

You will need to plan ahead in order to transfer the final balance on time, remember no funds no property.

Disclaimer

This is intended as a general guide, and in no way should it be used to substitute professional advice, if in doubt consult a professional, on all legal and tax issues.