Friday, July 25, 2008

Buying property and land in France

This is an exciting operation which needs the help of a good agent,preferably one who lives in the area and knows the people to deal with.There are of course some scare stories about buying in France. Usually these are the result of insufficient research in the initial stages, and a lack of knowledge about the French system. Unscrupulous estate agents also add to these stories, so follow sensible guidelines to safeguard your interests.

But first a word in your ear:

There was a revolution in 1789 and the consequences are still felt today. Landowners’ rights were savagely curtailed, and it is not possible to keep the public off your land. You cannot own your piece of France under English rules! For example, if you own river frontage you are obliged to allow fishermen to fish from your bank. The fishermen have every right to walk up and down the river to access a fishing place, and it is the landowners responsibility to keep the path open and clear. Furthermore people are allowed to cross your fields, or even your garden, but of course they may not cause any damage. However, I should add that in our experience no Frenchman would dream of crossing your garden without expressly asking you first.

The system in France is actually very straightforward: every inch of land falls within a registered plot number in the cadastral plan, which is available in the local Mairie.  If you are buying a complete plot then the plan already exists, and any doubt as to the exact position of the boundaries on the ground can be resolved by employing a geometre (Surveyor) to mark it out. If what you buy is only part of an existing plot, the geometre is called in to mark out the new boundaries as agreed, and he will produce a new plan to be registered at the Mairie. Often the geometre’s fees are shared between buyer and seller, but this can be varied according to the deal struck. There should never be any doubt about the boundaries.

Land is classified according to whether it is agricultural, constructible, built on, or earmarked for development of some sort or other. If you want to buy a building plot, you must be sure it is within a constructible zone, and you must make it a condition of the purchase that you can obtain outline planning permission for a dwelling.

You should also find out from the Mairie what other conditions may apply to the plot – are there drainage problems, is it set for industrial development or affected by plans for roads etc.? There is no secret about these things, you just have to go to the Mairie and ask! Usually the estate agent will do this but it is best to double check.

A word about asking questions in France. In general you will get the answer to the specific question you ask. But you may not get enough information. If you ask “Is it a building plot?” the answer may be “Yes”, but you may not be told that the permission expires tomorrow! So be very thorough with your questioning!

Naturally, new houses have to have services such as electricity, water and drains, and these have to be present or planned. Check the water and electricity meters: if they are absent find out more. Presence of a wc does not necessarily mean there are any drains! Certain facilities such as a septic tank require a minimum amount of land area to obtain planning permission: in this case usually 1500m2. If you plan to have a swimming pool remember that this needs to be placed over 3m from any boundary, so an 8m wide plot will not allow a very wide pool!

Once you are aware of these general rules it is a simple process – make your offer and stipulate your conditions and wait for the reply. For the rest see our guidelines on the buying process.

 More questions? Ask us - Tel/fax:0033 (0)553 62 44 79 or e-mail