It can be both tempting and daunting to buy property in France — whether a sleek city apartment or a rustic rural retreat.

You must first decide where you want to live. While housing prices have increased considerably across France in recent years, there is still wide variation in prices and availability.

Buying a home in France is exciting but can be confusing

You can consult thousands of ads every day in newspapers and weekly property magazines as well as a slew of online property databases. 'De Particulier à Particulier' is also very popular, can be searched online, and carries only ads from private sellers, not agencies.

Still, you'll probably want to at least consult with an estate agent, un agent immobilier. These regulated agents must carry a professional card delivered by the préfecture de police to operate legally; they provide accurate market prices — final sales prices, as opposed to asked-for prices, are private information in France — as well as generally reliable legal advice. Keep in mind, however, that agents generally represent the interests of the seller.

Agents can negotiate their commissions, but it generally falls between four and eight percent of the sale price. Always ask if the commission is included in the price. You don't have to pay the commission if the sale falls through, if the agent is operating illegally or if their contract with the seller has expired.

You can also try the public auctions, vente aux enchères. The lucky and experienced can find deals this way although the final sales prices often end up matching the overall market.   

Another way that French buyers sometimes try to lower their investment is through a viager sale; that is, buying below the market price on the condition that the current owners, usually an elderly person or couple, can continue to occupy the house until their death(s). Buyer beware: you are betting here on the life expectancy of the current residents and there are many anecdotes about sellers outliving their buyers!

The Legal Steps

Once you have found a home you want, you and the seller must sign a preliminary contract called either a promesse de vente or the increasingly common compromis de vente.

They are not quite the same; the promesse sets a price, a timeframe and any other conditions. Once signed and legally registered within a 10-day period, the seller is committed, whereas the buyer retains the right to walk away, albeit while sacrificing the initial down-payment, generally 10 percent. The compromis includes the same terms but does not need to be registered; it is, however, a legally binding agreement for both parties.

Once you sign a compromis, you have a seven-day buyer's remorse period during which you can change your mind for any reason; you then must also pay a down-payment of at least 10 percent.

The choice of notaire is very important to your peace of mind

Before signing either a promesse or a compromis, make sure the contract specifies the exact boundaries of the property, any additional structures (dépendences), and any furniture, fixtures, appliances, etcetera to be included in the sale as well as any other conditions, conditions suspensives, on the sale such as obtaining a loan or insurance.

You or your agent are required to arrange for, at the buyer's expense, an inspection report that will determine the presence of termites, lead and asbestos. You have the right to also order any structural inspections.

With houses, it's also a good idea to also consult with the local town hall, mairie, as to any development plans for the area, the local property taxes, and the exact property delineation as listed in the property roll, cadastre.

For apartments, the law (loi Carrez) requires that the initial agreement must specify the exact living surface. The calculation excludes stairs, terraces, balconies, separating walls and floor space with a ceiling lower than 1.80 metres; this may not match the advertised square footage. 

The notaire is the solicitor that handles property transactions. The seller will almost certainly name a notaire; you have the right to retain your own, independent notaire, in which case the legal fees will be shared equally by the two. The buyer will pay these fees, which are based on a legally mandated fee structure, barème de frais, but figure on paying around five to seven percent. You will also pay the current year's real estate taxes, les taxes foncières, pro-rated for the amount of time you occupy the house.

Be aware that French inheritance laws, which favour children over the spouse, will apply to this property regardless of any wills and even if your primary home is elsewhere; consult with your notaire as to how to deed the property in anticipation of an estate settlement.

Once the deposit is paid, the notaire will start researching if there are any legal or financial restrictions on its sale; this can take as long as 12 weeks. In the case of rural homes, this search should also determine if there are any other claims to the property, such as the neighbouring farmer's right, droit de passage, to drive his tractor across your land to his fields.

You will spend this time securing your mortgage, if need be, and insurance. The conventional mortgage term is 15 years although 20, 25 and even 30-year mortgages are available.

If you buy the land only and wish to build your own home and plan to significantly renovate an existing structure, you are also responsible for:

• Certificat d'urbanisme: a document that details the building codes for your construction, including exactly where you may build and the exterior appearance.
• Permis de constuire: You must provide detailed information on your building plans to your mairie.
• Consult with your mairie about any additional fees and taxes to which you may be subject.

You will then sign the final acte de vente. It is customary for all parties to sign at the same time, usually in the solicitor's office. You will all listen to the reading of the acte, sign the documents and the buyer makes out a check for the remaining amount due. You are now a home-owner in France.

Old or New?

While many foreigners are seduced by the charm of a maison ancienne or, in Paris, a Haussmann-era apartment building, new constructions are generally more functional. If you're buying in a new building, it must include parking space and will come with guaranties, generally up to 10 years after purchase, covering construction faults.

In the countryside, older property can be less expensive upfront but familiarise yourself with the building codes, les normes, including those dictating the exterior appearance; some villages maintain their rustic charm by carefully controlling any changes to all houses in the vicinity.

If you hire builders, start by asking for multiple quotes with timeframes; it is not unheard of to pay a fee for a construction quote even if you ultimately choose another builder. While it's easy to find English-speaking artisans, don't be intimated to work with locals who know the suppliers and the neighbours even if a language gap makes it a bit more work for you.

Key French Property Phrases

T1/T2/T3, etcetera: for apartments, refers to the total number of rooms excluding kitchens and water closets; a T2 is a one-bedroom. A T1 bis is a studio with a larger living space than a standard T1.

Typical Paris architecture of the Haussmann period

FAI (frais d'agence inclus): the estate agent's commission is included in the advertised price

SH (surface habitable): total living space

cuisine aménagée: a room needs only a sink to be called a kitchen. Aménagé indicates cupboards and counter space.

cuisine equipée: includes appliances. Cuisine équipée/aménagée means a fully outfitted kitchen.

cuisine américaine: indicates a usually small kitchen that opens directly onto the main living space

combles aménéageables: attic space that can be retrofitted for additional living space

décoration à revoir/rafraîchissement à prévoir:  red-flag phrases that can indicate ugly wallpaper or major, costly repairs.

dépendences: any additional structures, legally built or not, including everything from a garage to a barn

dressing: any built-in closet

jardin/terrain clos: a property enclosed by wall, fence or hedge

plain-pied: a one-story house

pierre de taille (PdT): means simply cut stones, but often used in Paris to indicate an apartment building of the Haussmann era

pierres apparentes: exposed stone walls

prestations: the overall appearance or esthetics. You want to see the phrase belles prestations or décoration soignée.

salle d'eau: a water closet, as opposed to a salle de bain or salle de douche

Updated July 2008

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