A : Yes and No. For instance, title deeds must be signed in front of a Notary Public ("Notaire"). As in England the purchase of a property in France is divided into two stages. First there is a preliminary contract called the "contrat de vente sous conditions suspensives" or "compromis de vente" or "promesse de vente". This may be prepared either by a Notary Public ("Notaire") or by an estate agent. In France Notaries often themselves act as estate agents. Secondly there is a formal deed of sale called the "Acte de Vente". This is signed in front of a Notary Public or "Notaire". The two documents are normally separated by about 10 to 12 weeks.
Q : What if I change my mind about the purchase?
A : The French have introduced a 'cooling off period' of 7 days during which you can, without giving any reason, simply cancel the contract you have signed.
Q : In whose name should I buy the property?
A : There are a number of ways to purchase the property : in your own name, in the joint names of you and your wife or copurchaser(s), in the name of your adult children or in the name of somebody who will eventually inherit the property from you, in the name of a special type of French company called an SCI (these exist mainly to own and manage properties in France), in the name of an ordinary limited company, whether English or French. Each method has its own advantages and disadvantages. Everything depends on your own personal circumstances. We shall be pleased to discuss the various ways of buying with you and to advise as to the most advantageous method for you. It is worth paying careful attention to this point because of the potential tax and other savings that can be made at a later stage. These tax savings arise because of the French system of inheritance tax under which gifts on death can still attract very high rates of taxation. It is possible to pay 60% tax on inherited wealth. The tax savings also arise because of the way that each time a property changes hands, certain taxes and fees become payable. If, therefore, you can prevent the property being inherited and minimise the number of times it changes hands, you can greatly reduce your tax liabilities. As is always the case with tax savings schemes, there is a danger that the Government can come along and close the loopholes that allow the schemes to operate and, as always, there are disadvantages to them as well as advantages. In each individual case, you will have to weigh up the advantages and the disadvantages and decide how you wish to deal with the transaction.
Q : What is the Preliminary Contract?
A : This is a binding written agreement between you and the seller of the property by which you agree to buy it. It is made subject to conditions known as "conditions suspensives" or "clauses suspensives". These state that the contract will only become binding if certain things happen — for example, if the Buyer obtains a mortgage within a stated time. It is very important to be accurate when drafting these conditions and to make sure that they cover all of the points that are important to you. The Buyer will be released from the contract if the conditions are not fulfilled. On the signature of the preliminary contract a deposit, normally of 10%, is paid either to the Notaire or to the estate agent. Not all estate agents are legally entitled to receive a deposit.
Q : What do I need to know about loans and mortgages?
A : If the buyer intends to obtain a loan to buy the property he needs to say so in the preliminary contract. The contract will be cancelled if he is unable to obtain a loan specified in the conditions. While the Notaire is dealing with the drafting of the title deeds etc., the buyer will be busy arranging the finance for the purchase. Financing the purchase of the property may take several forms depending on the circumstances : a first (or second) mortgage on your existing property, a mortgage in Euros on the French property from a French lender, or a mortgage from one of the main French banks made in Sterling and secured by a charge over the French property. French mortgages or British mortgages organised by French banks operating in the UK do not follow the same pattern as UK mortgages secured on UK properties. The loan is usually limited to 80% of the assessed value of the property — our experience is that it is usually nearer 60% — and by the capacity of the borrower to repay the loan. No survey of the property is usually required to obtain a mortgage. Be careful. The rule "caveat emptor" — let the buyer beware — applies in France.
Q : What is the Acte de Vente?
A : This is the title deed proving who is the owner of the property and containing a detailed description of the property itself. Whereas the preliminary contract can be prepared by us or by an estate agent, the Deed of Sale has, by French law, to be prepared by and signed in front of a Notaire.
Q : Who is the Notaire?
A : The Notaire is a public official who is there to prepare title deeds relating to the sale and purchase of land and to put on the public record the fact that the deed has been signed in his presence and understood by the parties concerned. They enjoy a very privileged and highly respected position in French society. The Notaire does not represent or look after the interests of any one party. You should also note that, in the countryside, very often there is only one Notaire available and he works on a monopoly basis in respect of the district covered. Often one Notaire deals with both parties to the transaction. The Notaire will also make various title checks about the property and make sure that the property to be sold matches the title deeds and registry documents, establish the identity of both parties (with the help of birth and marriage/divorce certificates), make sure that the seller is indeed the owner of the property to be sold, make sure that there are no covenants other than those already mentioned in the preliminary contract which might adversely affect the property, search the Land Registry with a view to establishing whether or not there exist any restrictions to the right of disposal of the property, such as easements or mortgages over the property, if the property is mortgaged he will ensure that the purchase price will be sufficient to redeem the mortgage completely, and obtain from the local Town Hall a planning certificate showing the planning rules relevant to the property. Finally, he will inform any people entitled to preemption rights of the impending sale, giving them two months within which to decide whether or not to take advantage of their rights.
Q : Do I have to be in France to complete the transaction?
A : The person buying the house may attend in person before the Notaire, but, if this is inconvenient, arrangements can be made for a Power of Attorney to be granted enabling another person to attend on their behalf. Prior to completion at the Notaire's office, he will have sent the Buyer a completion statement showing the balance of the purchase price of the land and all other registration fees for the purchase which are the responsibility of the Buyer. Once the deed of sale has been signed by both parties, the Notaire will register the transfer (as well as the mortgage if applicable) at the Land Registry (Conservation des Hypothèques). This procedure is similar to that in the UK but the original deed will remain with the Notaire who will give a certified copy to the buyer.
Q : Can I take money into and out of France freely?
A : Yes.
Q : How do I pay the money?
A : When the Acte de Vente has been signed the purchase price is handed over by the Notaire to the Seller. The purchase price must be in the hands of the Notaire by the day of completion, unless other specific arrangements have been signed with the Notaire. The Notaire then pays the money to the seller. The important things to remember are that transferring money to France does take time and that is not as reliable as transfers in the UK.
Q : What does all this cost?
A : This will depend upon if your property is existing, new, or leaseback. With existing properties, the Buyer should normally expect to pay fees and taxes of about 8-9% of the purchase price. These break down, roughly, as follows : Land Registry taxes (known as TPF - Taxes de publicité foncière), comprised of a departmental tax @ 3.6%, a communal tax @ 1.2%, and a further tax of 2.5% calculated on the amount of the Departmental tax is also required @ 0.09%. Stamp Duty fees vary according to the size and importance of the Deed of Sale. Normally one should expect to pay typically £200. Miscellaneous expenses – calculated according to various documents that the Notaire would have had to search in order to draft the Deed of Sale. They usually amount to less than £500. The Notaire's fees charged on the conveyance (and on the mortgage if applicable). They are calculated according to the value of the property and the size of the mortgage. On the conveyance, the fees are calculated as follows: for a property worth up to €3050 - 5%, between €3050 and €6100 - 3.3%, between €6100 and €16800 - 1.65%, over €16800 - 0.825%. On the mortgage, the fees amount to two thirds of the rates mentioned above. The whole fee is subject to VAT at 19.60%. If the property is new (defined by law as a property built within the last 5 years and now sold for the first time since built), the other fees and expenses are, broadly speaking, set out as above but there is an additional tax payable. VAT is charged on the price of the property at 19.6%. This tax is often included in the price of the property as quoted to you. As some small compensation Land Registry Taxes (TPF) are paid at a reduced rate of 0.60% calculated on the price exclusive of VAT. In the case of Leaseback, this VAT is fully refundable to the foreign investor.
Q : After I have settled in, what are my continuing obligations?
A : If you spend less than 184 days a year in France then you are generally speaking classed as a "non-resident" and you must name a fiscal representative, pay your local rates ("impôts locaux"), make a declaration of all your capital assets in France and, where appropriate, pay tax on them, pay income tax on any income deriving from your activities in France, if you have a car, you must pay car tax and arrange suitable insurance cover, you must pay your electricity, water and other bills.
Q : What happens if either I or my Co-owner dies?
A : Jointly owned property does not automatically pass to the survivor. It will (subject to certain limitation imposed by French law) be dealt with according to any instructions which you leave in your Will (either English or French) or, if you do not leave a Will, under the rules relating to intestacy.
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