Buying property in France as a foreigner: a notary’s complete guide

International, Real Estate Law

Southern France attracts many international buyers every year. Between the Mediterranean quality of life, the proximity to the sea, the economic dynamism of Montpellier, and the charm of the villages in the Hérault department, the region appeals to European retirees, expatriate families, investors, and second-home owners alike.

However, buying property in France when residing abroad or without a perfect command of the French language often raises many questions.

Can you buy property in France without being a French resident? What is the notary’s role? What are the timelines? Do you need to be physically present to sign? What costs should you expect?

Here are the answers to the main questions our international clients ask us.

Can a foreigner buy property in France?

Yes.

Contrary to some common misconceptions, there are no general restrictions preventing a foreigner from acquiring property in France.

Whether you are a citizen of the European Union, British, American, Swiss, Dutch, or of another nationality, you can buy a house, an apartment, land, or a building in France.

You do not need to be a French tax resident.

In fact, many buyers complete their purchase while living abroad.

Why use a notary for a property purchase in France?

In France, the notary plays a central role in the legal security of real estate transactions.

Unlike some countries where a lawyer’s intervention is sufficient, buying property in France mandatory requires the involvement of a notary. Only a notary can receive the authentic deed of sale, enabling the final transfer of ownership and its publication at the Land Registry.

The notary is neither the seller’s nor the buyer’s lawyer. As a public official, they are bound by a duty of impartiality and ensure the protection of all parties’ interests while guaranteeing the legal security of the operation.

This impartiality is one of the specific features of the French system. The notary advises all parties to the deed, informs them of the legal, tax, and inheritance consequences of their commitments, and ensures that everyone consents to the operation with full knowledge of the facts.

In particular, they verify:

  • the identity of the parties;
  • the seller’s ownership;
  • any potential mortgages;
  • easements;
  • zoning regulations;
  • mandatory technical surveys;
  • the cadastral situation;
  • pre-emption rights.

Their intervention secures both the buyer and the seller.

How does a property purchase in France work?

The acquisition of property in France generally takes place in two stages.

1. Signing the preliminary contract

This can be:

  • a sales agreement (compromis de vente);
  • or a unilateral promise to sell (promesse de vente).

This document sets out the essential conditions of the transaction: price, completion date, financing terms, conditions precedent, and characteristics of the property.

For residential property, the buyer generally benefits from a legal ten-day cooling-off period starting from the notification of the deed.

Many foreign buyers wonder about the usefulness of this stage and why the sale cannot be signed immediately after their offer is accepted.

In theory, a sale can be concluded directly by authentic deed. In practice, this is rarely the case.

Between the acceptance of the offer and the final sale, the notary must carry out numerous checks essential to the legal security of the operation. They must notably collect zoning documents, check for the absence of pre-emption rights, control the property’s mortgage status, analyze ownership titles, obtain co-ownership documents where they exist, and ensure that all conditions necessary for the sale are met.

The preliminary contract thus secures the operation while reserving the property for the buyer during the time needed for these checks. It also constitutes important protection for the parties, particularly when the buyer needs to obtain bank financing.

In many countries, legal checks take place after the signing of a final contract or are carried out by the parties’ lawyers. In France, the system is different: the preliminary contract allows the notary to carry out all necessary controls before the final transfer of ownership occurs.

2. Signing the authentic deed of sale

Once the checks are completed and any conditions precedent are met, the notary receives the authentic deed of sale.

It is on this date that the buyer officially becomes the owner of the property and the price is paid to the seller.

Between the signing of the preliminary contract and the authentic deed, it usually takes about two to three months, although this period may vary depending on the complexity of the file, the presence of bank financing, or specific administrative formalities.

This period is an essential stage in the legal securing of the transaction and contributes to the reliability of the French real estate system, recognized for the level of protection it offers to both sellers and buyers.

Is it necessary to travel to France for the signing?

Not necessarily.

When buyers reside abroad, several solutions allow for the organization of a remote signing.
In particular, it is possible to establish a power of attorney allowing a trusted person or a member of the notary’s staff to sign the deed on your behalf. You can nevertheless attend the signing meeting via videoconference, interact with the notary, and thus follow the reading and signing of the deed remotely.

In many international cases, this arrangement avoids a trip to France while maintaining direct interaction with the notary at the time of signing.

However, each situation must be studied on a case-by-case basis to determine the most suitable signing methods.

Do the documents need to be translated?

The notary has an obligation to ensure that the parties perfectly understand the commitments they are making.

When the buyer does not have a sufficient command of the French language, different solutions can be considered:

  • written translation of certain documents;
  • presence of an interpreter;
  • detailed explanations in the buyer’s language when the notary or their team is fluent in it.

For an international clientele, the quality of communication is often as important as the legal aspect of the file.

What costs should you expect?

Acquisition costs, often incorrectly called “notary fees,” mainly include:

  • transfer duties paid to the State and local authorities;
  • disbursements;
  • the notary’s regulated remuneration.

For existing properties, these fees generally represent between 7% and 8% of the acquisition price.

For new builds, they are often reduced.

The notary can provide a precise estimate from the start of the project.

Buying a second home in Hérault

Hérault is among the most sought-after departments by foreign buyers.

The most in-demand areas include:

  • Montpellier
  • Castelnau-le-Lez
  • Mauguio
  • Carnon
  • La Grande-Motte
  • Pérols
  • Saint-Gély-du-Fesc
  • the villages of Pic Saint-Loup.

Buyers often look for a balance between proximity to the airport, access to the sea, quality of life, and potential for asset appreciation.

What are the specific considerations for expatriates?

Expatriates often need to anticipate certain additional questions:

International taxation

The tax situation depends notably on:

  • the country of residence;
  • the applicable tax treaty;
  • the use of the property;
  • the chosen method of ownership.

A preliminary analysis helps avoid many future difficulties.

International successions

Acquiring property in France forms part of a broader consideration regarding the structuring and transmission of your international heritage.

Since the entry into force of the European regulation on international successions, several mechanisms have made it possible to anticipate and secure this transmission.

These choices should be considered as early as the acquisition of the property.

Bank financing

French banks regularly finance non-resident buyers.

However, the granting conditions, required supporting documents, and debt-to-income ratios may differ from those applied to French residents.

Sufficient anticipation generally allows the project to be secured.

The importance of international support

Beyond the purely legal aspect, a property purchase made from abroad often requires significant coordination between different stakeholders:

  • notaries
  • real estate agents
  • banks
  • brokers
  • accountants
  • foreign lawyers
  • administrations.

The presence of a team accustomed to international files helps streamline exchanges and reduce the risk of misunderstanding.

Fluency in several languages is also a real asset when it comes to explaining French legal concepts that are sometimes very different from foreign systems.

Buying in France with peace of mind

Buying property in France while residing abroad is now a perfectly achievable process.

With appropriate support, most formalities can be anticipated and organized remotely.

Whether you are an expatriate, a non-resident, an international investor, or a future resident in France, the support of a notary accustomed to files with a cross-border element is a true security factor.

Our firm regularly assists French and international clients with real estate acquisitions located throughout France, providing personalized support in French, English, and Dutch.

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