Buying and Selling Property in France: Process, Costs & Legal Guide

1. Legal advice for buying and selling property in France

Buying or selling property in France involves a number of legal and practical particularities that differ significantly from the process in the United Kingdom, the United States or Germany. As a French real estate lawyer with several years of professional experience in French notarial practice in Paris and Lyon, I advise my clients throughout the entire process — from the first offer through to the final deed of sale.

My clients benefit from the fact that I approach every transaction not only from a lawyer’s perspective, but also with an in-depth understanding of how the French notary operates — which in practice can make the process considerably smoother and faster.

2. My services for buyers and sellers

3. Estate agents in France

The search for property in France typically begins with instructing a French estate agent (“agent immobilier”). Unlike in the UK, French estate agents may only act after receiving a written mandate (“mandat d’agent immobilier”). The agent’s commission is freely negotiable and may be paid by the buyer, the seller or shared between them — the mandate must specify who bears the cost. I advise my clients from the outset, including on the terms of the estate agent’s mandate. Where an exclusive mandate (“mandat exclusif”) is granted, no other agent may be instructed simultaneously.

a. Agent’s commission

In France, estate agent commissions typically range from 3 % to 10 % of the purchase price, with the percentage tending to decrease for higher-value properties. The commission only becomes payable on completion of the sale.

b. The notary as property intermediary

Unlike in the UK, French notaries are also authorised to act as property intermediaries. It can therefore be worth checking the listings of local notarial offices when searching for property in France.

c. Marchand de listes

Buyers may also approach specialist listing agencies (“marchands de listes”), which — for a fee of up to approximately €150 — provide a list of properties matching the buyer’s search criteria.

4. Property surveyor

To avoid unpleasant surprises after purchase, particularly with older properties, it is advisable to instruct an independent property surveyor (“expert immobilier”) before exchange. An architect can also provide a reliable estimate of renovation costs in addition to identifying existing defects. I can assist my clients in identifying and instructing suitable surveyors from my professional network.

5. Purchase offer (“offre d’achat”)

French real estate law provides for a standing purchase offer (“offre d’achat”) made by the prospective buyer. The seller retains full discretion as to whether to accept the offer on the stated terms. Unlike the compromis de vente, the offre d’achat does not require the buyer to pay a deposit.

6. The preliminary contract

Unlike in England, the purchase of property in France is typically structured in two stages: a binding preliminary contract followed by the final deed of sale. The preliminary contract stage requires particular care — signing it creates legally binding obligations with significant financial consequences.

a. Compromis de vente

The compromis de vente is a bilateral preliminary contract by which both buyer and seller commit to completing the transaction on the agreed terms. It typically requires a deposit of 5–10 % of the purchase price. While it is often drafted by a notary, notarisation is not required for validity. The contract is usually made conditional on the satisfaction of suspensive conditions (“conditions suspensives”), the most common of which are a mortgage condition (subject to obtaining finance), planning permission where applicable, the exercise or waiver of pre-emption rights by the local authority, and confirmation of the seller’s title free of charges.

b. Promesse unilatérale de vente

The promesse unilatérale de vente is a unilateral commitment by the seller to sell the property on agreed terms. The buyer has a defined period in which to decide whether to exercise the option. If the buyer does not proceed, a break fee (“indemnité d’immobilisation”) of approximately 10 % of the purchase price is typically forfeited to the seller.

7. Mandatory technical surveys and documents

a. Diagnostics techniques immobiliers

French law requires the seller to provide a set of mandatory technical surveys (“diagnostics techniques immobiliers”), which must be available at the time of signing the preliminary contract. These cover, in particular, the presence of lead or asbestos, the condition of the electrical installation and gas pipes, and the energy performance certificate (“DPE”).

b. Copropriété documents

When purchasing a flat in a condominium, the seller must also provide the règlement de copropriété, the état descriptif de division, the loi Carrez surface area certificate and the minutes of the owners’ general meetings for the past three years.

8. Cooling-off period

After signing a preliminary contract, the buyer has a statutory 10-day cooling-off period (“faculté de rétractation”) during which they may withdraw without penalty. This right applies where the buyer is purchasing residential property as a consumer. It does not apply to commercial transactions or to the purchase of building land. The deposit becomes payable at the latest on expiry of the cooling-off period. Where a notary or estate agent has been involved in the preliminary contract, the deposit may also be paid into their client account before expiry of the cooling-off period.

9. The final deed of sale

Once all suspensive conditions have been satisfied, both parties are legally bound to proceed to the final deed of sale (“acte de vente / acte authentique”). Completion typically takes place 2–3 months after the preliminary contract. In France, virtually all property purchases are completed before a notary, as registration of the transfer of ownership requires notarial authentication.

a. Contractual penalties

The preliminary contract typically includes a penalty clause (“clause pénale”) which applies if either party refuses to complete without justification. The defaulting party may also be compelled by a court to proceed with the transaction.

b. Documents required

The notary requires identity documents (passport, birth certificate, marriage or divorce certificate and, where applicable, a marriage settlement) to prepare the deed. At this stage, important decisions about the ownership structure can be made: joint ownership (“en indivision”), a tontine clause giving the survivor full ownership, or acquisition through a French family property holding company (“SCI familiale”).

c. Notarial completion

Completion requires the full purchase price to be received on the notary’s client account before the signing date. The buyer receives the keys at the moment the deed is signed. The notary then registers the transfer of ownership at the land registry (“service de publicité foncière”) and notifies the tax authority.

d. Choice of notary

The parties are not required to use the notary local to the property. Given the possibility of online completion in France, the parties may also be represented by proxy. Where clients wish, I can put them in touch with English-speaking notarial offices from my professional network.

e. Post-completion formalities

After the deed is signed, the notary issues a certificate of ownership and applies for the land register to be updated. The notary also notifies the relevant tax authority of the sale. The buyer receives the keys directly upon signing the notarial deed.

10. Transaction costs and ongoing taxes

a. Buyer’s transaction costs (“frais de notaire”)

Buyer’s transaction costs amount to approximately 2–4 % of the purchase price for new-build properties and 7–8 % for existing properties. They consist primarily of transfer taxes (“droits de mutation”), land registry fees and the notary’s fees — the notary’s own fees representing only approximately 1 % of the purchase price. In addition, the agreed estate agent’s commission of 3–10 % is payable.

b. Ongoing taxation

Property ownership in France gives rise to ongoing tax obligations. The main annual taxes are the taxe foncière (land tax, payable by all owners) and, for second homes, the taxe d’habitation. The property wealth tax (IFI) applies above a net property value of €1.3 million. Rental income from French property is subject to French income tax regardless of the owner’s country of residence. Further details are available on the ongoing taxation page.

11. Checklist: key points before buying or selling

For buyers:

• Define your project clearly: property type, location, budget and financing
• Assess your borrowing capacity and explore financing options
• Instruct a French real estate lawyer: to review the preliminary contract and final deed, and to coordinate with the notary
• Budget for all transaction costs: transfer taxes, notary’s fees, estate agent’s commission
• Take out property insurance from the date of completion
• Set up electricity, gas and water supply contracts
• Register as a new owner with the French tax authority

For sellers:

• Gather all required documents: title deed, mandatory technical surveys, condominium documents
• Check the mortgage situation: if a mortgage is registered against the property, it must be discharged on completion
• Instruct a French real estate lawyer: for advice throughout the sale process and coordination with the notary

12. Timeline: buying and selling property in France

Step	Description	Legal note	Timing
1. Offer	Written offer to purchase or sell at a defined price and on defined terms	No payment at this stage; the offer must be precise and binding	Freely agreed
2. Acceptance	Acceptance of the offer by the seller or buyer	The offer should include suspensive conditions (e.g. subject to finance)	Freely agreed
3. Preliminary contract	Compromis de vente or promesse de vente — deposit of 5–10 % of purchase price; suspensive conditions	Buyer’s 10-day statutory cooling-off period from the date of receipt	Approx. 1–2 weeks
4. Satisfaction of conditions	Buyer typically has 30–45 days to obtain a mortgage offer	If finance is refused and evidenced within the deadline, the contract lapses and the deposit is returned	30–45 days
5. Completion before the notary	Final transfer of ownership; keys handed over; balance of purchase price, taxes and costs paid	Typically 2–3 months after the preliminary contract	2–3 months from exchange
6. Land registry registration	Carried out by the notary at the “service de publicité foncière”	Transfer of ownership effective against third parties from registration	Immediately after completion