The purchase procedure for buying a property in France varies depending on the type of property you are purchasing, if you are buying land and commercial property in France then the process outlined below will be different

Summary of Process for buying a Property in France

Step 1 – Making an offer to buy

In France the offer process is much more stringent than in the UK, in the UK we are used to simply agreeing the price, once this has been accepted we expect the property to come off the market until exchange of contracts. The big difference here is the 10% deposit, in the UK this is paid at exchange in France this is paid at the offer stage.

The Estate Agent or vendor may request that you sign what is called an offre d’achat, this is often a pro forma form, whilst it is binding you are entitled to a “cooling off” period of seven days. It is wise to gat your solicitor to review this and it is also preferable to sign this in the presence of a Notary.

It is against the Law in France to be asked to pay any form of deposit at this stage; however, backing out, after the seven day cooling off period may result in a penalty.

You will be required to pay the deposit once the sale and purchase agreement has been agreed

Step 2 The Sale and Purchase Agreement

There are two types of contract that can be used at this stage they are known as the Promesse de Vente or a Compromis de Vente, the most common in use is the Compromis de Vente..

The terms of the compromis de vente are such that it binds both parties subject to certain conditions, these are not standard and therefore should be clearly understood before signing. A deposit of up to 10% of the purchase price is paid on signing of the compromis de vente and the purchaser has seven days during which time they can withdraw from the contract without penalty.

It is advisable that this document is signed though a Notary.

Step 3. Preparing the Contract

As with Property in the UK, this is stage at which various searches and surveys take centre stage.

When selling a Property in France there are a number of statutory surveys that the seller must provide and they form what is know as the Dossier de Diagnostic Technique Immobilier, they are;

• Asbestos

• Lead

• Termites

• Energy Efficiency

• Natural or ‘Technological’

• Gas Installations

• Electrical Wiring

• Septic Tanks

In addition to the above there is the building structural survey itself we expect to be part of the purchase of any property, in France however there is know chartered body or professional body of building surveyors so to this extent the survey and the results of it are treated differently, perhaps even less importantly than they are in the UK house conveyance process.

Its worth noting that in the UK we often have a “Subject to Survey” clause which is on the buyers side, in France however this may be worded to protect the seller from the results of a bad survey.

Because of the lack of an Chartered body of Surveyors in France and as a consequence the lack of surveyors who carry Professional indemnity insurance, finding a surveyor and getting a thorough survey can be a frustrating experience.

The Land Survey in France, again is different to that we might expect in the UK in that the plan cadastral as it is known does not guarantee on the size of the land surface. If there is a subsequent dispute you do have some legal redress providing the dispute is over the land is greater than 5% of the total.

The Local searches process is broadly similar to that in the UK and covers

• The Status of the Parties, their legal capacity to proceed

• Title

• Pre-emption Rights, these are any claims that may be against the property, tenants or Land agencies for example

• Planning Enquiries

Step 4 Completion 

On the completion of the above and you are satisfied with the final purchase contract then completion will take place in the presence of Notary at which point you will pay the balance of the Contract.

Read more about owning or buying a property for sale in France from Overseas Property Centres.