Three key points
- Obtain advice before making an offer: legal commitments can arise before the final notarial deed.
- Match the contract to the financing and intended use, especially where funds come from abroad or rental income is essential.
- Review the whole ownership arrangement, including recurring costs, marriage, inheritance and eventual resale.
Essential terms
A French notary is a public officer who authenticates the conveyance and handles its registration. A compromis de vente is a preliminary agreement committing both parties, subject to its conditions and applicable withdrawal rights. A promesse unilatérale de vente gives the buyer an option to purchase within an agreed period. A condition suspensive makes the transaction dependent on a specified event, such as obtaining financing. A copropriété is a building divided into privately owned units and jointly owned common parts, similar to a condominium.
A fictitious example
Maya and Daniel live overseas and find an apartment advertised as suitable for holiday letting. They plan to borrow against their existing home and buy through an SCI because acquaintances describe it as tax-efficient. Before signing, they discover that the building rules restrict tourist rentals, major roof works are being discussed, and the proposed contract describes them as cash buyers. Their priorities become clear: verify the permitted use, budget for works, protect the financing and compare ownership options before committing.
1. Who should buy, and in what form?
Nationality and residence abroad do not generally prevent an ordinary residential purchase. Immigration status, tax residence and property ownership are separate questions. Ownership does not replace the applicable immigration requirements.
Buying personally, alone or jointly, may be appropriate. Where several buyers acquire together, the deed should reflect their intended ownership shares and the funding arrangements. Identify unequal contributions, family loans and gifts.
A société civile immobilière, or SCI, can organise collective ownership, management and transfers of shares. It is not a universal tax solution. Formation and administration create obligations; partners may be personally liable for company debts under the applicable rules. The tax treatment depends on the SCI's activities and tax regime. Furnished letting requires particular attention, and treatment in the owners' country of residence may differ from the French analysis.
Married buyers should disclose their marriage contract, any change of matrimonial regime, and relevant international connections. The deed alone may not settle spouses' economic rights. Succession planning should also be considered before purchase: applicable inheritance law, wills, surviving partners' rights and inheritance taxation are distinct issues. Nationality and property location alone do not settle them.
2. When does the purchase become binding?
An offer is not necessarily a harmless reservation. Its wording, acceptance and any conditions can create legal commitments. Settle the purchasers, financing and conditions before submitting an offer.
A compromis normally commits both parties to the transaction, subject to the conditions and protections that apply. A unilateral promise operates differently: the seller grants an option, and the buyer must understand the deadline and procedure for exercising it. An immobilisation indemnity may be at stake. A privately signed unilateral promise also has registration formalities that require prompt attention.
For an eligible non-professional buyer acquiring residential property, the statutory withdrawal period is ten days. It normally begins the day after the first presentation of the registered letter notifying the agreement, or after a compliant alternative notification or professional hand-delivery. It does not necessarily run from signing.
Missing specified copropriété documents can postpone the start of the period. If the authentic deed is signed without a preceding preliminary agreement, the relevant protection is a reflection period before signing. These protections should not be assumed to apply identically to professional purchases, commercial premises, land or every company acquisition. Withdrawal must be notified in the required form within the applicable period.
After withdrawal rights expire, abandoning the transaction may trigger contractual remedies, including financial claims and, depending on the agreement, proceedings to enforce the sale. Do not assume that losing a deposit is always the maximum exposure.
3. How should financing and the purchase budget be protected?
Where the statutory residential mortgage protection applies, an acquisition financed wholly or partly through qualifying credit must include the condition of obtaining that financing. Its validity cannot be shorter than one month; the contract should nevertheless allow a realistic period for the actual lending process.
Specify the loan amount, acceptable rate, duration and deadlines accurately. The buyer must pursue financing consistently with those terms and preserve evidence of applications and refusals. An informal lending indication is insufficient.
Foreign financing deserves express treatment. A loan secured on property abroad, currency conversion or funds expected from another sale can create dependencies that a standard clause does not adequately cover. Confirm the applicable statutory protection and draft contractual conditions where necessary. Do not sign a declaration that no loan is required merely because the lender is outside France: a valid no-loan declaration can remove protection if borrowing later becomes necessary.
The budget must distinguish the price from acquisition taxes, notarial remuneration, disbursements, financing and security costs, agency charges where applicable, and any renovation expenditure. “Notary's fees” often include taxes and third-party expenses. Request an itemised estimate for the specific property and completion date.
For deeds and agreements within the statutory period from 1 April 2025 to 31 March 2028, departments may increase the relevant departmental transfer-tax rate from the usual 4.50% ceiling to as much as 5%. Local decisions matter. The increase does not apply to qualifying first-time buyers acquiring their principal residence; this is a defined eligibility test, not simply a first purchase in France. It does not remove all acquisition taxes. A single nationwide percentage is therefore unreliable.
4. What checks matter before the final deed?
The notary investigates the legal transaction and owes duties of advice and impartiality. A buyer may appoint their own notary. A separately instructed lawyer can examine the buyer's particular interests, negotiate conditions and coordinate contractual, corporate or cross-border issues. Neither legal review nor mandatory diagnostics replaces an appropriate technical inspection.
| Area | Questions to resolve |
|---|---|
| Title and occupation | What exactly is included? Are there mortgages, easements, tenants or other occupation rights? |
| Building and planning | Were extensions and alterations authorised? Is the proposed work or use permissible? |
| Diagnostics | Are the required reports current, and what defects, hazards or further investigations do they reveal? |
| Copropriété | What do the rules, meeting minutes, charges, arrears, works decisions and maintenance plans show? |
| Intended letting | Do national requirements, municipal rules and the building rules permit the proposed activity? |
The diagnostic de performance énergétique, or DPE, has practical consequences beyond expected utility bills. For ordinary residential leases in metropolitan France signed, renewed or tacitly renewed in 2025–2027, the energy-decency threshold excludes class G homes. The scheduled thresholds tighten to exclude class F in 2028 and class E in 2034. Check the lease, territory and applicable exceptions. Buying a poorly rated property remains possible, but assumed rental income may depend on renovation.
Short-term tourist letting has a separate framework. Declaration or registration, municipal change-of-use authorisation, possible compensation requirements, energy standards and copropriété restrictions may apply. An existing online listing does not establish that the activity is lawful or that a seller's authorisation transfers to the purchaser.
Practical steps to completion
- Define the project. Identify the purchasers, intended occupation or letting, total budget, financing and family circumstances before signing.
- Review the documents. Obtain the draft agreement, diagnostics, title information and relevant copropriété records; negotiate necessary conditions.
- Prepare identity and funding evidence. Ask early about civil-status documents, translations, company records and evidence showing the origin and route of funds. A cash purchase means purchase without borrowing, not exemption from these checks.
- Arrange representation if needed. Agree the form and scope of any power of attorney with the notary. Remote notarised powers of attorney are possible through the prescribed process; an ordinary video call does not itself complete a conveyance.
- Check completion arrangements. Confirm satisfied conditions, the final account, cleared funds, insurance and vacant possession where promised. Verify bank details through an independently established contact channel before transferring money.
- Inspect and sign. Inspect for changes and missing agreed fixtures. The deed sets ownership and possession arrangements; keys are commonly handed over on completion once the price is paid, unless otherwise agreed.
After completion, retain records, update relevant ownership and occupancy declarations, and organise ongoing charges. Budget for taxe foncière and, where applicable, taxe d'habitation on a second home. French rental income can create French reporting and tax obligations for non-residents. IFI may apply where net taxable French real-estate assets exceed €1.3 million, subject to the applicable rules and treaties. Home-country obligations and taxation on a future sale require separate consideration.
Frequently asked questions
Must the notary be based near the property?
For an ordinary purchase of existing property, you generally do not have to choose a notary based in the department where the property is located. French notaries may act throughout the national territory, except in New Caledonia, French Polynesia and Wallis and Futuna, where separate rules apply. Choose an office able to organise the necessary checks and signing arrangements; practical coordination still matters.
Can the buyer and seller each choose their own notary?
Yes. You are free to choose your notary. The buyer and seller may instruct the same notary, who prepares and authenticates the deed as the sole notary, or each instruct their own notary. Where two notaries are involved, they work together and share the regulated remuneration for the sale; their involvement does not, by itself, double that remuneration. Each remains subject to duties of advice and impartiality. Ask separately about any additional services outside the regulated conveyance.
Does buying through an SCI preserve the same buyer protections?
Not automatically. The SCI's purpose, the transaction and the legal protection concerned need examination. Family management objectives do not guarantee consumer protection.
Is a diagnostic report a guarantee that no renovation is needed?
No. Mandatory diagnostics address specified matters. They do not provide a comprehensive building survey, a renovation quotation or confirmation that every past alteration was lawfully authorised.
Can the seller's tenants be required to leave on completion?
Not simply because the property is sold. An occupied purchase requires review of the lease, occupants' rights and the proposed possession arrangements. Check vacant possession expressly.
Scope of this article
This article concerns overseas and expatriate purchases of existing French residential property. It does not cover every exception, new-build acquisition, agricultural property or commercial investment, and does not replace advice on a particular transaction.
Please feel free to contact the firm to discuss your matter further.