Buying property in France as a foreigner

The purchase at a glance

Stage	What happens	Typical timing
1. Offer	You make a written offer and the seller accepts it.	Week 0
2. Preliminary contract	A compromis or promesse de vente is signed and a deposit is paid to the notary.	Weeks 1–3
3. Cooling-off period	You can withdraw within 10 days without giving a reason.	10 days after notification
4. Searches and conditions	The notary checks title, planning and pre-emption rights, and you apply for your loan.	Weeks 3–10
5. Completion	The final deed (acte authentique) is signed, the price is paid and you get the keys.	Around month 3
6. Registration	The notary registers the sale at the land registry and sends you your title.	Following months

Step 1: making an offer

Offers are usually made through an estate agent (agent immobilier), sometimes directly to the seller. Under French law, a written offer accepted by the seller can sometimes already count as a binding agreement on the property and the price. Only sign an offer you are prepared to stand by. It is also wise to state that the offer is subject to a preliminary contract drawn up by a notary.

Step 2: the preliminary contract

The preliminary contract sets out the price, the conditions and the completion date. There are two main types:

• Compromis de vente (bilateral agreement): both seller and buyer commit to the sale, subject to the agreed conditions.
• Promesse unilatérale de vente (unilateral promise): the seller grants you an exclusive option to buy for a fixed period. You pay an amount, usually held by the notary, that you lose if you decide not to buy for a reason the contract does not cover.

A deposit, often in the region of 5% to 10% of the price, is generally paid into the notary’s escrow account. We recommend that a notary draws up the preliminary contract rather than an agent. For international clients, we explain the contract in English before you sign it.

The 10-day cooling-off period

Article L271-1 of the Construction and Housing Code gives a non-professional buyer of residential property a 10-day withdrawal period. It runs from the day after the signed contract is first presented to you by registered letter, or by an equivalent electronic method. When the contract is handed to you by an estate agent with a mandate, it runs from the day after it is handed over. You can withdraw for any reason, without penalty, and the deposit is returned to you.

Conditions precedent (conditions suspensives)

The contract only becomes final once certain conditions are met. The most common are:

• The mortgage condition. Under Article L313-41 of the Consumer Code, if any part of the price is paid with a loan, the contract is conditional on your obtaining that loan. The condition must last at least one month. If the loan is not granted, everything you paid in advance must be refunded in full. If you buy without a loan, the contract must contain a handwritten statement that, if you borrow anyway, you cannot rely on this protection (Article L313-42).
• Pre-emption rights. These must not be exercised (see below).
• Clear searches. There must be no planning restrictions, easements or mortgages that the contract did not disclose.
• Other agreed conditions, for example obtaining planning permission for works you intend to carry out.

Property surveys (diagnostics)

The seller must supply a technical file (dossier de diagnostic technique) under Article L271-4 of the Construction and Housing Code. Depending on the property, it covers lead, asbestos, termites, gas and electrical installations, energy performance (DPE), natural and technological risks, and non-mains drainage (septic tanks). If certain reports are missing at completion, the seller cannot rely on the usual clause excluding liability for hidden defects. If a septic tank does not comply, the buyer must bring it up to standard within one year of the sale.

These reports are not a structural survey; for older properties consider an independent inspection.

Pre-emption rights

Some bodies have a priority right to buy at the agreed price: usually the municipality in towns (droit de préemption urbain), the SAFER for rural land, and sometimes tenants. The notary sends the required notices and waits for the response period, often two months. These rights are rarely exercised on ordinary homes, but they affect the timetable.

The notary’s role

A French notary (notaire) is a public official appointed by the State, who acts impartially for both parties. The notary checks title, planning, mortgages and pre-emption rights, drafts and authenticates the deed, collects the taxes due to the State and registers the sale at the land registry. You may appoint your own notary, at no extra cost: the regulated fee is shared. If you cannot attend completion, you can sign a power of attorney.

Paying: escrow, transfers and money-laundering checks

• All money (deposit, balance of the price, fees and taxes) is paid into the notary’s escrow account at the Caisse des dépôts et consignations, a public financial institution. Never pay the seller directly.
• Under Article L112-6-1 of the Monetary and Financial Code, payments that a notary handles for a deed requiring land registration must be made by bank transfer when they exceed 3,000 euros (Article R112-5). Cheques and cash are not accepted for the price.
• Notaries are bound by anti-money-laundering rules. We must check your identity and the origin of your funds. Expect to provide passports, proof of address, bank statements, and documents showing where the money comes from, such as a sale contract, a gift letter or a loan offer. Requests are more detailed when funds come from abroad.
• Plan currency exchange and international transfers early. A transfer that arrives late can delay completion.

What it costs

Transfer duties (existing properties)

Transfer duties (droits de mutation) are made up of a departmental rate, a 1.20% municipal tax and a State collection charge of 2.37% of the departmental duty. Under the 2025 Finance Act, departments may raise their rate from 4.50% to as much as 5% between 1 April 2025 and 31 March 2028. Gironde has applied 5% since 1 May 2025:

• Standard rate in Gironde: 5% + 1.20% + 0.1185% = about 6.32%. On a €400,000 property, that is about €25,270.
• First-time buyers: the increase does not apply if you have not owned your main home in the previous two years and the property will be your main home. The total is then about 5.81%. According to the tax authorities’ guidance, foreign residents can qualify too: the first-property test looks only at property in France.

Notary’s fees

The notary’s fees (émoluments) follow a national regulated tariff that decreases in percentage as the price rises, plus VAT and disbursements. The total often called “frais de notaire” is mostly tax collected for the State.

New-build property (VEFA)

When you buy off-plan (vente en l’état futur d’achèvement), the price includes VAT (generally 20%). Instead of the standard transfer duties, a reduced rate of 0.70% applies under Article 1594 F quinquies, A of the Tax Code, plus a State charge of 2.14% of that amount. That comes to about 0.715%. The reservation contract is also covered by the 10-day cooling-off period. The deposit is capped at 5% if the sale takes place within one year, 2% if within two years, and nothing beyond that (Article R261-28 of the Construction and Housing Code). You pay the price in stages as building work progresses.

Sources

Construction and Housing Code, Art. L271-1, Art. L271-4 and Art. R261-28; Consumer Code, Art. L313-41; Monetary and Financial Code, Art. L112-6-1; General Tax Code, Art. 1594 D, Art. 1594 F quinquies and Art. 1647; Finance Act 2025 (Law no. 2025-127 of 14 February 2025), Art. 116; tax authorities’ guidance BOI-ENR-DMTOI-10-20.

This guide is general information and does not constitute legal advice. Contact the office for advice on your situation.

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