Think about: distance, local holiday/commercial facilities, climate, presence of English, etc.

This must be done before going to France to view a house, as if you have to make a quick decision to be sure of getting the house you want, French Agents or the Notary have to show the financing method in the Preliminary Contract you may need to sign at short notice - see below.

French Property News is the best monthly in English, to request a copy telephone 0181 947 1834. Visit their Web Site at : http://www.french-property-news.com) and contact agents or owners advertising therein. If you read French there are weeklies/fortnightlies such as Le Journal des Particuliers (12francs) and De Particulier à Particulier (14francs) which contain thousands of properties for sale all over France by private individuals without commission.

Do you want somewhere isolated, or in a village? An old house which will be damp and may require serious repairs? A ruin for conversion? A modern French house with little or no maintenance or charm? A flat—standing charges? Riverside property—flooding? A lot of land to look after?

The Woolwich operates in France, and French banks such as the Crédit Lyonnais & the Crédit Agricole have London branches and will discuss financing of purchases in France. NOTE however that a promise of a loan in London is subject to confirmation by local branches in Frence, which is not always forthcoming. British agencies claiming to be able to arrange French mortgages have recently taken the fees and then fallen foul of local French lending institutions.

Allow for several visits — a first visit may produce considerable re-thinking of what kind of place and price is interesting, and subsequent visits can then be organized more effectively

If no satisfactory properties seem to be available, the French Agents will search their files for others to view. Buy French property magazines in a local Maison de la Presse.

Full structural surveys are not normally carried out in France, and would be extremely expensive if positively demanded. French lenders do not normally require such surveys, and British loans would normally have British security.

Where registered parcels of land need to be divided, an officially approved Land Surveyor carries this out and prepares plans for re-registration and use with the Final Contract. Costs of the Surveyor should be paid by the Vendors, or by agreement shared between the Vendors & Buyers.

If the Buyers will be unlikely to return to France for signature of the Final contract (see below) a Proxy (Procuration) will be necessary, and a Notary can arrange this before the buyers return to Britain. Whoever prepares the Preliminary Contract must know the proposed method of financing of the purchase - see below.

The French Agent or Notary will need to know full details of the foreign Buyers' Passport numbers, date(s) and place(s) of birth, maiden name and marriage date and place where relevant, and names of parents, and will also need to know the method for financing the purchase. If all these details are available a Preliminary Contract can be prepared in less than an hour. The Preliminary Contract will state the fixed price (including Commission), the date for completion, conditions for withdrawal by either side, and give an estimate of the "Registration Costs" (Notary's legal fees & expenses plus property transfer taxes). Preliminary Contract costs normally come out of the Commission, which is paid by the Vendors.

No witnesses are necessary, and the Buyers could sign later, in Britain, on faxed copies of the Preliminary Contract. Each party keeps a copy.

Only fully registered Agents & Notaries are allowed to accept Deposits, and under French law they must carry financial guarantees; Deposits are held in a separate account on behalf of the Buyers.

A French property sale contract is a public contract, not a private contract between individuals. A Notary is an officer of the French law, a member of the professional association of notaries and subject to collective responsibility to indemnify anyone adversely affected by the actions of one of its members. Normally the Notary who last acted in relation to the property will be called upon, as he will have direct access to the originals of the papers concerning its registered ownership.

In France all charges against properties are officially registered; Local Authority departments provide a Certificat d’Urbanisme with details of any planning, highways or public health conditions involved. For agricultural land an official body, the S.A.F.E.R., can pre-empt the sale, at the agreed price, and is given a maximum of two months in which to do so. NB that if the house is occupied by anyone other than the beneficial owner, you and the Notary must be VERY careful to establish that they will leave the property free for your occupation - in some cases this can be very difficult. Another point you may want to bring up with the Notary is whether or not the Vendor has carried out any works to the house without the necessary permissions.

French mortgages and loans may be more expensive than British, and there is always the risk of Exchange Rate changes. French Banks will generally loan up to 90% of purchase prices, against proof that repayments do not exceed 35% of the borrower’s income - proof can be in the form of pay slips, tax returns, etc. French banks will not generally lend to anyone described as "self-employed" - be careful about this. As in Britain, insurance is required.

The Notary authenticates the identity of the parties involved (he may wish to see copies of passports, birth and marriage certificates), the history of title to the property, and its extent and location, deals with any conditions attaching to the transfer and to the new title, calculates any CGT payable by the Vendors, and sorts out other minor matters. The Notary's "Registration Costs" are paid by the Buyers. If he provides other services, he will agree with the parties beforehand who pays the costs involved.

This is extremely important from point of view of death and/or resale: real estate in France is subject to French Inheritance Law and taxation, and it is vital to choose the best form of ownership depending on your family circumstances, and to make French Will(s) in case of the death of (one of) the owner(s). seek and take legal advice from a lawyer well versed in French law..

Normally you will hear nothing from the Notary. If any difficulties do arise which are specifically mentioned in the Preliminary Contract, the Buyers normally have the right to withdraw and recover their 10% Deposit.

By French law certain works such as re-roofing are guaranteed for 10 years; on sale of a property the benefit of such guarantees passes from Vendors to Buyers.

The withdrawal conditions are generally biassed slightly in favour of the Buyers, i.e. the Buyers have more possible reasons for withdrawal. A pre-emptive purchase by the S.A.F.E.R., failure to discharge a mortgage or failure to authenticate the Vendors' ownership are also possible causes of failure to complete and return of Deposit.

Either Party can ask the other to complete, and if no withdrawal conditions or other difficulties apply, the other party must do so and sign the Final Contract within a defined, normally very short period after the Completion Date.

If the Vendors refuse without good cause, the Buyers are entitled to return of their Deposit plus 10% of the price plus the Notary's expenses from the Vendors. If the Buyers refuse to complete or cannot pay on signature, they lose their Deposit and may have to pay the Notary's costs.

This is a formal but pleasant ceremony. The Notary will read the Final Contract through aloud to the Parties, and assure himself that they have fully understood what they are signing. Each page of the contract is then initialled by all, and the papers are signed as "Lu et Approuvé" (Read and Approved). If you know that you cannot be in France for signature, you must appoint a proxy to act and sign for you. Consult the Notary about the formalities for this.

On signature of the Final Contract the Buyers must hand over their cheque to the Notary and receive a receipt, if they have not already paid him. As in Britain, under no circumstances must the Buyers pay the Vendors direct.

The Registration Costs (legal, search and registration fees and property transfer taxes) are made up of a large number of elements, each with its own sliding scale, and are not negotiable. They are estimated in the Preliminary Contract, and are normally 9-14% of the agreed price paid for the property.

French law requires owners to carry civil liability insurance in relation to their property. Normally Buyers will be offered the chance to take over the Vendor's insurance by a clause in the Final Contract, but if they do not wish to do so the Notary will recommend a local French Insurance company. It is generally wiser to use a local French company, though one has the right to use any insurer in the EEC who provides the cover demanded by French law. Where absent Buyers sign the Final Contract by Proxy, they should arrange the insurance beforehand or ask the Notary or Agent to do so.

The Final Contract will normally stipulate that the Vendors shall be responsible for all utility charges up to the moment of signature, and the meters will need to be read to enable this to happen. A good idea is to ask Vendors for a copy of the latest utility bills, these will provide the necessary addresses and reference numbers for meter reading and re-establishing supplies.

The Vendors may be anxious to sell you furniture and fittings, separately or as part of the price of the house. This should be dealt with beforehand, and separate purchase is recommended to avoid paying property taxes on F&F. Normally anything found in or on the property after signature of the Final Contract belongs to the Buyers.

Buyers cannot be asked to pay outstanding plumber's bills, for example. Property taxes and charges for the year are payable by the owners registered on 1st January, but the New Owners will be required reimburse part of these to the Vendors.

The Land Charges Registry in France is a very useful and generally efficient official body. The local office (Cadastre) maintains large-scale maps of its entire area, divided into identifiable and often dimensioned plots, with full registers of their owners names and addresses; each plot is classified for property taxation and other purposes, and French Property Taxes are levied on the basis of these records, which can be consulted free of charge by any member of the public.

1. Identification des Parties = Identification of the Parties

The name, profession, date and place of birth, and marriage date and place and maiden name where relevant, of all the Parties. The legal status of the buyers is defined, which under French affects the ability of each party to the purchase to sell later, in the event of death or disagreement.

Statement that the Vendors sell and the Buyers accept the property.

3. Designation des Biens Vendus = Description of the Property Sold

A full description including the Land Registry parcel numbers and areas.

4. Nature et Quotites des Droits Immobiliers Vendus = Nature of Title to Property Sold

5. Division Cadastrale = Division of Land Registry Parcel(s)

Where the sale involves a division of a registered plot, a statement of how the division has been made and registered, when, and by what official land surveyor.

6. Frais = Expenses

Optional clause about extra fees for negotiation, if the Notary has acted for either party. (A Notary may accept a commission to sell or search for a property, to negotiate with owners or potential buyers, etc.)

8. Propriété - Jouissance = Ownership - Possession

Statement of freedom from encumbrances, tenancies, etc, and when possession will be available.

9. Prix et Modalités de Paiement = Price and mode of Payment

Statement of the price paid, whether it involves a loan against the property, and of its receipt by the Notary.

Acknowledgement of CGT law by both Parties, and amount of CGT payable by Vendors, if any.

11. Déclarations Fiscales = Fiscal Declarations

General conditions, and statement of the property transfer taxes payable.

14. Presences ou Représentation des Parties = Presence or Representation of Parties

15. Informations sur les Dispositions d'Urbanisme = Planning and Related Conditions

Statement about the certificat d'urbanisme re planning, highways, public health conditions and utilities, and permissible land uses.

16. Droit de Préemption de la SAFER = Pre-emption right of the S.A.F.E.R.

Optional clause, only when agricultural land is involved, confirming that the S.A.F.E.R. has not exercised it pre-emptive purchase right.

17. Origine de Propriété = Origin of Ownership

Detailed recent history of previous ownership.

19. Conditions Générales de la Vente = General Conditions of Sale

Important standard conditions:

the Buyers accept the property as it stands, without any guarantee from the Vendors whatsoever concerning its vices, apparent or hidden, without further recourse against the Vendors, except if the Vendors are professionally involved in property, in which case there is recourse for hidden vices;

the Buyers make it their own affair to deal with any errors of alignment, problems of party walls, errors of description, quality or contents described in the Contract described, any difference found exceeding one twentieth being a matter for renegotiation via the Notary; (???)

the Buyers shall enjoy any active easements affecting the property and rights transferred, and will suffer the passive easements, apparent or hidden, continuous or intermittent, affecting the property and rights, without any recourse against the Vendor;

The Vendors covenant that they have not created or allowed to be created any easements other than those required by the location of the property, and current legal and planning regulations;

the Buyers undertake that they will make their affair to ensure that the Vendors are not troubled by demands for continuation or cancellation of any insurance of the property after its transfer;

If the Buyers take over such insurance contracts, they will pay all premiums due from the date of possession;

the Vendors will be responsible for all taxes and contributions associated with the property up to the date of possession;

the Taxe d'Habitation property tax is payable by the Vendors for the current year, while the Taxe Foncière property tax and the household waste collection charges shall be divided between the Parties in proportion to their periods of possession;

the Buyers undertake to transfer into their own names any existing contracts for water or electricity supply, thus allowing the Vendors to discharge any responsibilities they have in this respect.

20. Informations Complémentaires sur la Propriété et la Jouissance = Further Information on Ownership and Possession of the Property

When the new Owners have vacant possession and under what conditions or restrictions if any.

21. Situation Hypothécaire des Biens Vendus = Mortgage Situation of the Property Sold

Statement of freedom of the property from mortgage or any other charges, and that the Vendors will provide at their own expense a copy of the release of any former mortgage within a defined period.

22. Déclarations sur la Capacité des Parties = Statement of Capacity of the Parties

Statement of normal place of residence, freedom from wardship, etc, solvency and full enjoyment of their legal rights and functions.

23. Remise de Titre = Handover of Title

The Buyers shall substitute for the Vendors in all old titles, and be entitled to have copies of these if need be, at their own expense.

24. Formalités et Publicité Foncière = Formalities and Official Publication

A certified copy of the contract will be officially published; the Vendors will be responsible for producing all releases and other documents relating to freedom from charges, at their expense; the Notary certifies as correct the descriptions of the parties.

25. Election de Domicile = Choice of Domicile

For the purposes of the contract the parties normally choose their respective homes as their domiciles.

Full authority is given to the Notary's office for all modifications, corrections and the like necessary for official publication of this contract.

27. Déclaration de Sincérité = Declaration of Sincerity

Mandatory clause: Declaration by all including the Notary that the price in the contract is the actual, full price paid, i.e. that no under-the-counter payments have been exchanged between the buyers and the Vendors to reduce the frais d’enregistrement.

a. Find the Mairie (Town Hall) of your Commune (parish) and get to know your Maire (mayor) - every Commune has one - as soon as you can, he or she can be very helpful and a valuable ally. See below!

b. The Notaire will have applied for a certificat d'urbanisme during the search period; these documents state any planning, highways or public health restrictions or conditions attached to ownership and use of the property, such as whether a barn is restorable or a plot divisible for new house building and if so with what conditions, with supplementary information such as what services are available. Some land uses or changes in use are illegal without a certificat d'urbanisme, so keep yours, and check.

c. Some minor works require no formalities at all, but before tackling others you may need to send in a Notification des Travaux (notification of works, related to British Building Regs approval, but also concerned with property tax adjustment) - the Mairie supplies the forms and can help you with this.

d. Such a notification also covers new buildings up to a certain area. For more major work a permis de construire (planning permission) may be required. Check at the Mairie. The mayor will probably have delegated powers to grant some permissions, subject to local authority conditions.

e. For buildings above a certain size the use of a registered architect is obligatory, and only such an architect can make the planning application. Check at the Mairie, they should be able to help you find a suitable local architect. Check his references, i.e work he has done locally!

f. You may receive a letter from the local Contrôleur of the Direction Générale des Impôts (Controller of the local Tax Office) asking you to fill in a form headed Impôts Locaux : Déclaration Modèle H1. This is a self assessment form to allow him to re-calculate the value of your property for local tax purposes. Go to the local Land Registry (Cadastre) and get a copy of the last one submitted by previous owners, and fill in details consistent with the last return. And keep a copy of the new one.

g. It is a very good idea to keep all bills and accounts for materials bought for and work done on your property in France. Later, if and when you sell the property, you will be able to use the cost of the work plus three times the value of the materials to partly offset any French Capital Gains Tax due.

h. BEWARE the unregistered artisan, French or English, as their work will be totally without any enforceable guarantee, they will not be able to give you a valid VAT receipt for their work, and thus its cost cannot be set against Capital Gains Tax. In addition, under French law it is an offence to employ unregistered labour, and both the employer and employee can be prosecuted and fined heavily if caught. Local registered artisans have been known to denounce unregistered workers and/or their employees to the Gendarmerie.

i. If you are thinking about letting your property in France to holiday makers, take advice from someone who is already doing this. As with any commercial activity in France, there are legal and tax matters to be considered, as well as the practicalities of advertising, bookings, changeovers and maintenance of the property.

j. Finally, make time to talk to your neighbours in France. They may range from the suspicious to the welcoming, but if one can make the effort to chat when they look as though they have time to talk or curiosity about the newcomers, one can learn a lot and make valuable allies. Don’t be shy about lack of French, it’s trying to make oneself understood which counts, and the fact that you try will often endear you to your French neighbours.

k. It may sound obvious, but try to avoid talking politics with your neighbours, and never tell one of them anything you have heard about any other of them — gossip in small French villages can sometimes be somewhat malicious!

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