The article below has previously appeared in leading market
publications or our own booklets or newsletters.
Please note that the law may have changed since the date of
publication and that information given on this website does not
constitute legal advice. Please read our disclaimer.

On a seasonal note we focus on buying property in the French Alps for
your own use, as an investment, or both.
France is the most popular country with British holiday skiers,
boarders and mountain walkers. There is enormous demand for
self-catering accommodation and many Britons who invest close to the
ski slopes earn high returns from letting their chalet or apartment -
winter and summer - via good management agents. All the major resorts
are an easy day’s drive from the Channel ports along French motorways
that are generally deserted in winter. The most famous alpine ski
resorts - such as Val d’Isère, Courchevel 1850, Méribel,
Les 2 Alpes, Chamonix, Megève, Alpe d’Huez, Tignes or Val
Thorens - can all be reached from Lyon-Satolas airport by bus
(chartered by tour operators or regular coach service), taxi or car
very easily and quickly. There are also convenient train options from
London and Kent which get you close to your resort either overnight or
in a day.
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Buying existing property
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You cannot buy French property "subject to contract" as you can
in England. Instead you will be asked to sign a legally binding
compromis or promesse before any local authority searches and
enquiries have been made or the necessary finance obtained. An
oral or written expression of serious intent is also legally
enforceable so do not make any offers without first taking
independent legal advice in a language which you can understand.
Frustrating delays are easily avoided by instructing a bilingual
legal adviser to deal with all matters by e-mail, fax or
telephone. To avoid most problems make sure that your offer
letter requires production to your legal adviser of:
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A plan cadastral which clearly defines the property. The plan
is broken up into parcelles each carrying a number. These
numbers should be expressly referred to in the contract. If
the boundaries are not clearly shown it may be worthwhile
instructing a géomètre (land surveyor) to mark
them out.
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An inventory signed by the vendor setting out what is
included in the purchase price, and what is not. Otherwise
you may find the fitted kitchen that sold the property to you
when you first viewed it is not there when you move in.
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A copy of your vendor’s registered title deed (titre de
propriété) which should be checked by your
legal adviser for rights of way or other matters which might
adversely affect your enjoyment of the property.
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A draft contract for your approval. In England the main terms
of a contract do not vary but in France each contract is
individually prepared for particular transactions and so
should be carefully checked every time. Nothing should be
taken for granted. For example, you may be liable for breach
of planning control even if the breach were committed by a
previous owner or occupier. So insist on written confirmation
that planning permission or other consent was/was not
required for past construction or alteration to the external
aspect, or for any change of use of the property. The
contract should contain other conditions suspensives. If
these are not fulfilled, the 10% deposit you are required to
pay is normally refundable.
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An apartment or other property situated in a larger
development is regulated by a co-ownership agreement known as
the règlement de copropriété which
defines which parts are privately owned by you (e.g. heated
garages, ski-lockers) and the parts which are owned in common
with others (e.g. lifts, staircases). The règlement
also records your rights and obligations in the
copropriété, how it is managed and various
annual services charges calculated. Every purchaser who signs
a contract is deemed to have read and understood the
règlement and is therefore legally bound by it. Always
check the position with your bilingual legal adviser who will
not usually recommend that you sign the contract without
having a good appreciation of the contents of this and other
important documents.
You are strongly advised to organise a survey and valuation
before you sign the purchase contract. Is the property prone to
flood/avalanche damage? Many cheaper properties have no mains
services and in rocky terrain installation can cost a small
fortune. Your vendor does not usually have to disclose any
structural defects affecting the property. This means that if,
after signing a contract, you discover structural or other
defects to the property and its equipment or services, you are
still obliged to complete the purchase at the agreed price and
cannot obtain compensation.
The contracts most commonly used in France include the compromis
de vente and the promesse de vente. Under a promesse the vendor
is bound to sell a property but the buyer is not committed to
purchase and can withdraw from the transaction before
completion, subject to losing his deposit. The compromis binds
both parties and a buyer who withdraws from the transaction will
forfeit his deposit and, depending on the wording of the
contract, may also be sued for damages and/or an order
compelling him to complete the purchase.
Never book removals or commit based on the completion date given
in the contract. Although you may be ready, others may not. The
notaire will require the results of his enquiries and local
searches, and the authorities in France are notoriously slow in
responding. The typical wait is three months, although in some
cases the delay can be much shorter. The formal transfer of
ownership document (acte de vente) must be signed in France. The
actual completion date may not be convenient to you in which
case you are able to sign a power of attorney (procuration) in
favour of one of the notaire’s clerks so that the formalities
can be completed.
After completion the notaire will keep the deeds but will
arrange for transfer of ownership to be registered. You should
ask for an attestation d’acquisition as proof of ownership and
the notaire should supply you with a certified copy of your
registered acte de vente in any event.
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Building your own property
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Land suitable for building (terrain à bâtir) is
hard to find in or near the French Alps. Any contract for the
purchase of a lotissement or other plot should include carefully
worded conditions suspensives enabling you to withdraw if
planning permission is not obtained to build your specified
property and connect it to the mains services. You must usually
start building works within one year and complete them within 5
years of obtaining planning permission.
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Buying a property under construction
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The developer will ask you to sign a legally binding contrat
préliminaire or contrat de réservation (not to be
confused with an English-law reservation agreement) and pay a
réservation deposit which cannot exceed 5% (only 2% if
completion of building works is scheduled within 2 years, none
if longer). Ownership of the land and whatever has been built on
it passes to you at the time the acte de vente is signed, and
you acquire ownership of the rest of the property as it is
built.
In addition to the cautions set out above, ensure that the
contract provides a full legal description of your partie
privative to include its surface habitable, layout and floor
plans, and a notice technique sommaire detailing the building
materials and domestic services/fittings to be provided.
Stephen Smith is a specialist in French property (purchases or sales),
tax and estate planning and wills. For further information please contact
Stephen Smith by e-mail at
stephensmith@stephensmithfranceltd.com (Telephone: 01473 437186 Fax:
01473 436573).
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