1. Initial Advice Once you have decided on your property, agree prior to contract what is included and check the boundaries of your plot are correct. Never sign a contract until it has been looked over by a legal adviser. Estate agents or notaires present the first contract (Compromis de Vente) and not always with a translation. It is a legally binding agreement and you should be protected by a legally experienced French law expert. Surveys are not normal in France, but if you are not happy with any aspect of a property it is better to put a survey in place rather than have problems later. You should ensure that you are legally protected should the results of the survey be negative. 2. The Notaire Unlike solicitors in the UK, a notaire’s advice is more limited. He will effect the transfer of the property and ensure that any taxes to the state are paid. The vendor selects a notaire, but a purchaser can also choose an independent notaire to use. He will investigate the planning information on the property and area as well as gain information on outstanding mortgages and charges on the property, to ensure undisputed ownership on completion. 3. The Contract Contracts are prepared by a notaire or agent. It will include Conditions General (such as taking on the property as it is found on date of completion), Conditions Particulier (such as rubbish cleared prior to completion), and Conditions Suspensive . These could be a) reliant on the sale of your UK property b) obtaining a loan or mortgage c) confirm which ownership structure is suitable (to save on inheritance/French income tax) d) inconvenient easements (such as right of way on your land) or any other clauses relevant to you. Completion dates are not set in stone until the notaire writes to you regarding the final arrangements. Insurance must always be in place in time for completion, with a minimum of fire and public liability. You will need to pay a 10% deposit to a special account held by the notaire. The balance must be in the notaire’s account for completion. You should allow at least 10 days for this. Once you have received a signed copy of the contract, you will have a 7 day cooling off period. During this time you can withdraw from the contract by recorded delivery letter to the vendor. Once the 7 days have passed, you are in a binding contract that you can only withdraw from if any of the Conditions Suspensive are not in place. Completion takes about 3 months from the signing of the 1st contract. It is the Acte de Vente and it can be signed with power of attorney if you want to remain in the UK. 4. Financing Your New Home All French mortgages are ‘full status’, with a 10 day ‘cooling off’ period. They can be fixed or variable rate and completion must be within 4 months of accepting the mortgage offer. There is normally a 1% charge for the lenders fee. Mortgage brokers are available for advice and finding a suitable mortgage for you. Some charge a fee so check first. 5. Purchasing Costs Notaire’s fees (including stamp duty) will be approx. 7% of the purchase price. Agent’s fees will be 5-10% of the purchase price. You should also add legal costs for local advice. 6. Local Taxes There are 2 annual local taxes, the Tax d’Habitation and the Tax Foncieres. Both are due in October/November each year. The local residence tax or Tax d’Habitation is payable by the occupier of the property. If it is on a short let holiday basis the owner pays the tax. It will be on a pro rata basis if the property is uninhabitable for a period, ie: for renovation. The local land and property tax or Tax Foncieres is calculated on a theoretical rental value. This is payable by the owner of the property. New or newly restored properties are normally exempt from this tax for the first 2 years. There are also maintenance charges for apartments, or Charges de Co-Proprietaires. These will vary with the size of property and whether there are lifts, pool, tennis courts, gardens etc.. 7. French Income Tax If you rent out your French home you will have to pay income tax – Impot sur le Revenu. FOR ANY LEGAL TRANSLATION WORK ENGLISH TO FRENCH OR FRENCH TO ENGLISH NATALIA INNESS OFFICIAL TRANSLATION SERVICE |