Do you live abroad and are considering buying an apartment, a house, or a rental property in France? Good news: there are no nationality restrictions on owning property in France!
The real issue actually lies in the contracts you’ll be signing, in the clauses you need to know how to read and understand, and in the need for support in a language you’re fluent in.
Many of the real estate disputes I encounter in international cases stem from a signature that was put down too hastily—on a document that was skimmed over in French because the parties trusted one another, and with attachments that were never even looked at...
1. Before buying: take the time to clearly define the project
→ Determine exactly what you're buying and what your budget is
Before you even start looking for a property, define your goals and assess your intentions: a second home, a rental investment, or a future retirement home? The type of property, its location, and the tax implications all depend on this initial decision.
In addition to the purchase price, you must factor in closing costs (sometimes incorrectly referred to as “notary fees”—see further down in this article), any real estate agent’s commissions, bank fees, and, later on, local taxes.
It’s best to do the math before you “fall in love” with a property.
→ Think about optimizing your investment...and succession planning!
One aspect that is rarely given enough consideration is how to structure ownership of the property.
Whether they are a married or civil union couple, a family, or a single person, buyers are often well advised to consider purchasing property through a French company—often an SCI (Société civile immobilière), though not exclusively—or by including other family members in order to simplify future estate planning.
Talk to your personal advisor, your international lawyer, or your notary.
Explanations and simulations help you make an informed decision and choose the solution that best suits your needs.
→ Financing: A More Challenging Process for Non-Residents
Buying with cash is possible and highly appreciated by sellers and real estate agents, but many non-residents prefer to take out a loan, at least in part.
It’s important to note that French banks are stricter and more demanding when it comes to non-residents. Often, they require a larger down payment, translated supporting documents, or, in some cases, specific mortgage insurance.
Sometimes other requirements come into play, such as the need to set up an SCI (a real estate investment company).
Processing times are also longer for non-residents.
Warning:
Start the financing process well before signing the preliminary agreement. If the financing isn't finalized in time, it could cause the sale to fall through and result in you losing your deposit.
→ Visit, compare, and above all, don’t sign anything in a rush!
Shopping online is tempting, but risky.
If you can’t visit in person, have someone you trust go in your place; ask for several videos with commentary; check out the surroundings, the noise levels, whether there are restaurants nearby, the neighbors, the actual amount of sunlight… and also the yard, if there is one.
Be sure to carefully review the inspection reports that the seller is required to provide you with, as well as—in the case of a condominium— the bylaws and minutes of general meetings.
It is crucial to fully understand all of these documents!
2. The preliminary agreement: the signature that truly binds
→ Promise or compromise: two words, two systems
There are two types of preliminary agreements in addition to the offer to buy or the offer to sell.
The preliminary agreement obligates the seller to hold the property for you for a certain period of time. The purchase agreement obligates both parties to complete the sale, subject to the conditions precedent.
These two contracts have different consequences in the event of withdrawal, a denied loan, or a disagreement.
The writing is dense, and every line has meaning. So you have to pay close attention!
→ Read every clause, not just the price
That is the crux of the matter. A contract is not just about price: it describes the item being sold, the legal status of the property, easements, conditions precedent, penalties for breach, the timeline…
A clause that is misunderstood can, months later, become the source of a dispute.
Warning:
Never sign a document that you do not fully understand. If you can read French but are unfamiliar with all the legal nuances, have a bilingual professional explain each section to you in your own language.
→ The cooling-off period: a precious but short safety net
For a residential property, a non-professional buyer has a 10-day legal cooling-off period following notification of the preliminary agreement, during which they may withdraw from the transaction without having to provide a reason.
This is a short period; it is not intended to allow you to review the contract, but rather to confirm an informed decision.
The documentmust be read in its entirety and fully understoodbefore signing.
3. Between the preliminary agreement and the final deed: let the notary do their job
→ The role of the French notary: a central player
In France, a notary is not simply a “notary public.”
A notary is a public official who acts on behalf of the government. They verify the title, draft the final deed, collect the funds, pay the transaction-related taxes, and register the sale with the land registry. Both the buyer and the seller may each have their own notary, and this does not double the costs.
But the notary is impartial; he is a public official: he represents the transaction, not just one side.
That is precisely why a foreign buyer would also benefit from having a personal advisor by their side.
→ The checks that take time, and that is normal
In the weeks between the preliminary agreement and the final deed, the notary contacts the city hall, checks for any mortgages, reviews the property inspections, and collects civil registry documents... among other tasks.
If certain documents originate from abroad, an apostille or legalization may be required, or a "certificate of custom" may need to be prepared by an international lawyer to confirm the legal situation in the foreign country.
Taking care of these formalities in advance prevents the need to reschedule the signing appointment.
→ When you cannot be there on the day
If you are unable to come in person, you may grant power of attorney to an international attorney or a notary clerk.
The power of attorney can be signed before a notary public abroad, using the apostille procedure (or, for French nationals, at a French consulate abroad). Check with the notary to see how he or she would like to proceed.
Again, allow plenty of time: processing times vary by country.
4. Signing the deed: becoming a homeowner
→ How the appointment unfolds
The meeting takes place at the notary's office; for non-residents, it is sometimes held via videoconference.
The document is read aloud, the signatures are affixed, and the notary affixes his or her signature and seal.
Your personal advisor—if they are an international lawyer—can act as your interpreter (and also explain the obligations and consequences) and will sign the document as well. Notaries often appreciate this assistance, which also relieves them of some of the liability.
That is the exact moment you become the owner.
The keys will be handed over to you once payment of the balance has been verified.
→ Acquisition costs: anticipate, do not discover them
The term “notary fees” is misleading: most of these fees do not go to the notary, but to the government and local authorities (registration fees, land registration tax).
In addition, there are the notary’s fees, which are set by a fee schedule, and some out-of-pocket expenses.
The bill is different in the old building than in the new one.
Ask for a detailed estimate well before signing the contract to avoid any unpleasant surprises when the final payment is made.
5. After the purchase: important obligations to keep in mind
→ Filings with the French tax administration
All owners of residential properties in France must declare their occupancy status (i.e., they must indicate whether the property is their primary or secondary residence, or whether it is vacant, unoccupied, or rented out). This is done through the personal account on the "impots.gouv.fr" website, under the "Manage My Real Estate" section.
This requirement also applies to non-residents.
→ Local taxes to plan for
There are two local taxes you should be aware of, as they need to be factored into your budget:
- property tax, payable by all property owners and
- the housing tax, which has been eliminated for primary residences but remains in effect for second homes.
These taxes are also due by non-residents, as they do not qualify for the exemptions available to French tax residents.
→ Keep all documents on file for a long time
Keep the original copy of the deed, invoices for work performed, local tax notices, proof of co-ownership, etc.
When sold, these items can reduce the taxable capital gain.
In the event of an estate, they save a great deal of research and help prevent disputes.
MY ADVICE:
Read the whole thing!
Try to understand everything!
Get support in your own language!
Most of the disputes I encounter in international real estate cases stem from a preliminary agreement that was signed without being properly read, a condition precedent that was misunderstood, a penalty clause whose implications were not fully grasped, a tax document that was overlooked after the purchase... or simply because the parties did not fully understand all the attachments!
Notaries perform essential work, but they represent the transaction—not you
personally. Having an international lawyer by your side and working alongside the notary—someone who speaks your language and understands both legal systems—makes all the difference.
Your attorney will review and verify the preliminary agreement before signing, explain each clause and its practical implications to you in your own language, identify potential points of contention, suggest amendments, and coordinate with all parties involved. They can also draft a certificate of custom, provide a legal opinion, arrange for certified translations, or even serve as an interpreter during the signing!
It is this support that turns a stressful project into a manageable one and prevents you from ending up in a legal dispute months or years later—a situation that could have been avoided.
Disclaimer: this post is published for information purposes only and does not replace personalized advice. Theapplicable rules may change; any decision should be taken after an individualized review of your situation.
Want to discuss it? Have questions?
Please feel free to contact me before signing anything.
We’ll take the time to review your project together, as well as the contracts you’ve been presented with and any specific issues you need to be aware of in your situation.
