There have been a number of changes recently in the regulations relating to the purchasing of French property. For example the various searches that now need to be carried out by the seller at the time of a sale, which include – depending on the location, type and age of the property being sold – inspections for termites, lead-based paint and asbestos; an assessment of the energy efficiency of the property and an analysis of any natural and technological risks in a commune.
The type of drainage installation is now also referred to in property sale paperwork. In order to ensure that all properties comply with output regulations, the local authority will have to inspect each property with a private drainage installation. Just how long it will take each commune to carry out such inspections will of course vary from place to place; in general though, it appears that requests for planning applications will also give rise to an inspection.
The notaire will specify whether the property is connected to mains drainage or served by a septic tank. If it’s the latter, there will be a confirmation as to whether it has already been inspected, and if so whether it complies with current regulations. Buyers and sellers alike should take note of this. If you are selling a property, it is worthwhile ensuring, if you have had a septic tank installed, that the installation paperwork and guarantee are all to hand and available for inspection by the buyer. On the other hand if an inspection reveals that the installation does not comply, then the owner of the property may be ordered to improve it.
Commonly at the moment, the acte de vente will specify that the property has not been inspected. A prudent buyer will ensure that an independent surveyor visits the property before the first contract – the compromis de vente – is signed, and check the tank as part of his brief. If it is clear that it does not comply, it might be possible to review the purchase price.
A survey will also give some reassurance to the buyer about the general state of the property structurally and to its installations. A further inspection will soon be required in any event as part of the purchase process – an inspection of the electrical installation to ensure this complies with French law.
Apart from the various surveys and inspections that should take place in a property purchase, there are a number of other issues to bear in mind when you are looking to buy a new house in France. Once you have identified a suitable property, you can make an offer through the agent. It is important that you are clear as to whether the price will include the notaire’s fees (probably not) and the agent’s commission (commonly this will be included), and also what furniture will be sold with the house, if any.
Once this is agreed you will soon be invited to sign the compromis de vente. If you have not done so already, this is a point when you might want your solicitors in the UK to review the contract for you, to ensure that all is in order and that all supporting documentation, such as plans, is in order. You will need to consider what specific contract conditions may be required: do you need a mortgage, is it imperative that a planning authorisation should be obtained for a specific development, such as transforming an old barn into accommodation?
Once these points are clarified, the contract is then signed, following which you have a period of seven days when you can withdraw from the purchase if you wish. If you do need to withdraw at this stage, you must act very quickly, and again it would be prudent to seek legal advice. The formalities for effecting the withdrawal are very strict.
Presuming you are happy to proceed, then the notaire will carry out the necessary procedures including drafting the final completion document – the acte de vente. These should then be forwarded to you, along with the amount required for completion. It is generally preferable to attend the notaire’s office for completion: this will give you the chance to visit the property again as well. You can however complete a power of attorney to allow someone else to sign for you, although this should be organised well in advance and there may be strict formalities as to how they need to be signed off. Once more, the intervention of a specialist solicitor in the UK should help here.
Inevitably there is not space here to make an exhaustive study of all the issues relevant in a French property purchase, so it will always be important to discuss the whole matter with your French law solicitor, or your notaire before you go ahead.