Exploring France: Buying A House As A Traveler

France is a popular destination for foreign nationals looking to buy property, with over 100,000 people from across the world choosing to make it their new home each year. There are no restrictions on foreigners buying property in France, but for non-EU residents, the amount of time they can spend in the country will depend on their visa status. The process of buying a house in France is relatively straightforward, especially with the help of a real estate agent, but there is a lot of paperwork and due diligence involved.

Travel and visa requirements for non-EU citizens

If you are a non-EU citizen looking to travel to France to buy a house, there are a few things you need to keep in mind regarding travel and visa requirements. Here is a detailed guide to help you navigate the process:

• Visa Requirements: As a non-EU citizen, you will generally need a visa to enter France. The type of visa required depends on the purpose and duration of your stay. Use the "Visa Wizard" on the France-Visas website to determine the specific visa requirements for your situation. This tool will also inform you of the necessary documents and fees associated with your visa application.
• Application Process: You can complete your visa application online through the France-Visas portal. Create an account, and the website will guide you through each step of the process.
• Submission and Tracking: Once you have completed your online application, submit it to your local visa centre. The France-Visas website will provide information on how and where to submit your application. You can also track your application's progress and stay updated on the visa collection process.
• Waiting Times: It is recommended to apply for your visa well in advance of your intended travel date. Waiting times for appointments and application processing can vary depending on your nationality and the time of year.
• Short-Stay Visa Exemption: If you are visiting France for tourism or business purposes and plan to stay for less than 90 days within a six-month period, you may not need a visa. However, please note that your passport must be valid for at least three months beyond your intended date of departure from the Schengen Area.
• Long-Stay Visa: If you intend to stay in France for more than 90 days, you will need to obtain a Long-Stay visa. This applies to non-EU citizens who wish to stay in France for an extended period, such as for permanent residency or long-term property ownership.
• Residence Permit: Upon entering France, holders of long-stay visas marked "carte de séjour à solliciter à l'arrivée en France" must apply for a residence permit within two months of their arrival. This process involves contacting the French prefectural authority in their place of residence.
• Family Members of EU/EEA/Swiss Citizens: Family members of EU/EEA/Swiss citizens who wish to obtain a "family member of a union citizen" residence permit must apply within three months of entering France. They need to contact the competent French prefectural authority to initiate this process.
• OFII Registration: If your long-stay visa is marked "CESEDA R.311-3", you are required to register with the French Immigration and Integration Office (OFII) immediately upon your arrival in France.
• Passport Validity: Ensure that your passport is valid for at least three months beyond your planned date of departure from the Schengen Area. Some countries in the Schengen Zone may also require at least six months of validity upon entry.
• Travel Advisory: Before travelling, it is recommended to check the latest travel advisories and safety guidelines provided by your country's embassy or consulate. This will help you stay informed about any potential risks or requirements during your visit to France.

Finding a property

The French property market offers a wide range of choices, from chic city apartments to rustic rural properties and modern villas along the coast. The first step is to decide on a region or city that suits your preferences and budget. For instance, a period property in central Paris will require a different budget compared to a family home outside the city.

Most foreign buyers work with local estate agents or 'agent immobilier' to view properties. These agents will have in-depth knowledge about the area, including travel times, local schools, amenities, facilities, and parking arrangements.

• Budget: Do you need a mortgage? Can you increase your budget with a small mortgage?
• Location: France has a diverse landscape, so consider whether you want access to the coast, to live in a big city, or in a rural area.
• Property Basics: How many bedrooms do you need? Do you want a big garden? What style of property are you looking for? Do you want a property that is ready to move into, or are you open to renovation?
• Essentials: What are your must-haves? For example, do you want a sea view, complete privacy, a warm climate, good transport options, or to be part of a community?
• Additional Features: What would you like to have but can live without? For instance, you might want a swimming pool or a property within walking distance of shops.

It is a good idea to spend time listing your must-haves and creating a detailed wish list. While you may not find a property that ticks every box, focusing on your essentials will help you settle on a property that makes you happy.

Viewing Properties

Your estate agent will be happy to accompany you on property viewings and provide valuable insights about the local area, including schools, restaurants, tourist spots, and community life.

Making an Offer

Having your finances organised before making an offer puts you in a stronger negotiating position. If there are any conditions attached to your offer, such as needing a mortgage or wanting to make specific changes to the property, be sure to inform your agent.

Your agent will guide you through the negotiation process, which may include signing an 'offre d'achat', a commitment to purchase the property. Once your offer is accepted, the property is typically taken off the market, and the agent will start preparing the initial sales document, usually the 'Compromis de Vente'.

Compromis de Vente

The 'Compromis de Vente' is the first of two legally binding documents in the French property purchasing process. It is a sales agreement that binds both the seller and the buyer. This document may be prepared by your estate agent, a notaire (a public official handling matters related to purchases, sales, etc.), or a combination of both.

The 'Compromis de Vente' includes the following information:

• Full details of the 'civil status' of the buyer and seller, including names, date of birth, place of birth, and marital status.
• Description of the property, including details of the plot and any buildings.
• Confirmation of ownership of the title deeds.
• Agreed price, estate agency fees, and estimated notaire's fees.
• Deposit details, usually around 10% of the total price, which is paid to and held by the notaire.
• Circumstances under which the deposit may be forfeited, obligations of the buyer, and declarations from the seller.
• Provisional conditions (Clauses Suspensives) attached to the offer, such as obtaining a mortgage, which protect the buyer from forfeiting the deposit if they cannot complete the purchase.
• Results of the DDT (Dossier de Diagnostic Technique), which provides information about the structural condition of the property and any major work required.
• A target completion date, which can be amended if both parties agree.
• A list of any furniture, fixtures, or fittings included in the purchase.
• Details of penalties should either party fail to complete the contract.

It is crucial that you thoroughly understand all aspects of the 'Compromis de Vente', and your agent will go through the document with you in detail.

Ten-Day Cooling-Off Period

After the 'Compromis de Vente' is signed, there is a ten-day cooling-off period during which the buyer can withdraw from the purchase without penalty. This period includes bank holidays and weekends and starts the day after the signed document is delivered. If you wish to withdraw, you must send written confirmation to the notaire before the end of the ten days.

At the end of the cooling-off period, the deposit is paid, and the 'Compromis de Vente' is returned. From this point, if you change your mind, you will have to pay a 10% penalty fee, usually equivalent to the deposit amount.

Acte de Vente

The 'Acte de Vente' is the final document in the French property buying process. It is signed at the notaire's office, and the buyer, seller, and notaire must be present at this meeting. Your estate agent can also attend to help you understand the process, especially if you are not fluent in French.

The 'Acte de Vente' includes much of the same information as the 'Compromis de Vente'. Before the meeting, ensure that the balance of funds to complete the purchase is in the notaire's bank account, including any funds from a mortgage company.

Once the 'Acte de Vente' is signed, congratulations! You are now the legal owner of the property, and the keys will be handed over to you.

Making an offer

When making an offer on a French property, it is important to be aware of the local market conditions and the specific circumstances of the property. Property prices in France are often negotiable, but it is not a free-for-all, and one wrong move could cause you to lose out on your dream home. It is recommended to have your finances organised prior to making an offer, as this saves time and puts you in a stronger position for negotiation.

If you intend to apply any conditions to your purchase, such as needing to obtain a mortgage or planning to make specific changes to the property, be sure to communicate these requirements to your agent. They will work with you on the negotiation process and may ask you to sign an 'offre d'achat', a commitment to purchase the property.

In terms of deciding on the amount of your offer, it is generally advised to make an offer that you genuinely want to pay. French vendors do not typically entertain the 'start low and edge up' routine seen in other countries, and they are legally obliged to accept a full-price offer. Offers within 5-10% of the asking price are often accepted or negotiated, depending on the specific property and its location.

Once your offer has been accepted, the property is usually taken off the market, and the agent will begin preparing the details for the initial sales document, typically the Compromis de Vente. This is the first legally binding document in the French property-purchasing process and binds both the seller and the buyer. It includes various details such as the civil status of both parties, a description of the property, confirmation of ownership, the agreed price, deposit information, and any provisional conditions (known as 'clauses suspensives') that must be met. It is critical that you thoroughly understand all aspects of the Compromis de Vente, and your agent should guide you through this document in detail.

After the Compromis de Vente is signed, there is typically a ten-day "cooling-off" period, during which the buyer can withdraw from the purchase without penalty. At the end of this period, the deposit, usually 10% of the property price, must be transferred to the notaire's bank account. The Compromis de Vente is then signed by the vendor, legally binding them to sell the property. From this point onwards, if either party wishes to withdraw, they will be liable to pay damages equating to 10% of the property price.

It is important to note that the Compromis de Vente is just the first of two legally binding documents in the French property-purchasing process. The final document is the Acte de Vente, which is signed at the notaire's office once all funds are in place and insurance is obtained for the property. After the Acte de Vente is signed, congratulations are in order as you are now the legal owner of the property!

The Compromis de Vente

• The Compromis de Vente is signed by both the buyer and seller once an offer has been made and accepted, and the sale has been agreed upon by both parties.
• The notaire, who acts for both parties under French law, is responsible for drafting the Compromis de Vente. However, the agreement can also be drafted by the estate agent handling the sale.
• The format of the Compromis de Vente may vary, but it should clearly state the key points of the agreement, including details of the purchaser and seller, confirmation of the property's name and ownership, a description of the property, the agreed price, the deposit, and the target completion date.
• It is imperative that you understand what you are signing and are sure about your purchase before signing the Compromis de Vente.
• There is a ten-day "cooling-off" period available to the buyer, during which they can withdraw from the purchase without penalty. After this period, if you change your mind, you will be liable to pay a penalty fee, typically 10% of the property price.
• The Compromis de Vente includes provisional conditions or "Clauses Suspensives", which allow you to withdraw from the purchase under certain circumstances. For example, if you are obtaining a mortgage, the notaire will include this as a conditional clause, meaning you are not obliged to go ahead with the purchase if your mortgage provider turns you down.
• The Compromis de Vente is different from the Promesse de Vente, where only the seller enters into an obligation to sell the property at an agreed price, and the buyer has the option to decide whether to proceed with the purchase.

The Acte de Vente

Before signing the Acte de Vente, a draft of the contract will be sent to the vendor, and a professional translator can be used to translate the contract and attend the signing, at the cost of the party requiring the translation. There is usually a final property viewing before the signing, as the Acte de Vente has a clause stating that the property is being "sold as seen on the signing date". The buyer will need to provide their birth, marriage, and divorce certificates, and transferring funds from the buyer's account to the notaire should be completed at least 48 hours before the signing.

On the day of the signing, the notaire will talk you through the contract, and then it's time to sign! This will complete the property purchase, and you'll receive the keys to your new home.

Frequently asked questions