Key Takeaways
- A French notaire is legally required for any property transfer and can act for both buyer and seller. Engage one early, ideally before you start viewing. Initial consultations are free.
- Both resale and off-plan purchases follow a two-stage process. Buyers have a 10-day cooling-off period after signing the preliminary contract, and mortgage conditions must be specified in that contract to protect your deposit.
- Total purchase costs run to around 8–8.5% for resale properties and 2–2.5% for off-plan. The notaire's own fee is approximately 0.8%. The rest is stamp duty, land registry fees, and disbursements.
- If you plan to let the property, check the energy rating and verify whether a 2026 reclassification applies. A change to the electricity coefficient means many previously G-rated properties may now qualify as F, affecting their rental status.
Buying property in France is a significant financial commitment, and the legal process works differently from what most international buyers are used to. The steps aren't always obvious, the terminology is unfamiliar, and misunderstanding how things work at the outset can cause real problems later.
To help buyers understand what to expect, we spoke with Simon Attey, a dual-qualified English solicitor and French notaire based in Moûtiers in the Savoie. Simon has been practising in the French Alps since 2008 and works with non-resident buyers from across the world. The interview below covers the full buying process, from the notaire's role to ownership structures, financing, and what happens if things don't go to plan.
The Role of the French Notaire
There is a common misconception, particularly among UK buyers, that a notaire is a kind of government-appointed rubber stamper who plays a passive role in the transaction. As Simon explains, that is far from accurate.
"A notaire performs a role similar to a conveyancing solicitor in the UK, at least as far as property transactions are concerned. Our involvement is to ensure that the transfer of ownership is properly recorded, that clients are accompanied through the process, and that they end up owning what they want to buy, and are alerted to any risks associated with that ownership."
One of the more significant differences between the French and British systems is that a notaire is legally permitted to act for both buyer and seller in the same transaction. A UK conveyancing solicitor cannot do this. The notaire's obligation is to produce a balanced contract regardless of which party instructed them. Around 30–40% of French property transactions involve a single notaire representing both sides.
The notaire holds the status of an officier public, a public official appointed by the state. Unlike a lawyer who acts in a client's interests, the notaire's role is to ensure the transaction complies with the Civil Code, the body of law governing property rights in France. This neutrality is precisely why the state grants notaires the authority to certify deeds and collect taxes on its behalf. The contract is balanced not as a courtesy, but as a legal obligation.
A notaire's involvement is not optional. In France, any transfer of real property ownership must be recorded by a notaire and published to the land registry. Their role also extends beyond the transaction itself, covering estate planning, wills, successions, and business matters, though for most property buyers it is the conveyancing function that matters most.
Simon's practice works with non-resident buyers and sellers from around the world. Being bilingual means clients who don't speak French can work through the process in English, which removes a practical barrier that catches many international buyers off guard.
Security Note: The 75-Year Archive
Once signed, the original deed, known as the minute, is legally required to be archived in the notaire's office for 75 years, or 100 years if a minor is involved in the transaction. This means your title is backed by a century-long paper trail, making it virtually impossible to lose or dispute ownership after completion.
When to Get in Touch
Simon's preference is contact as early as possible, ideally before a buyer has even found the property they want to purchase.
"It can be useful to have early input, to give a bit of guidance on things a client should be thinking about when they're looking at a property, to try and eliminate potential risks upfront, and so that clients go into the process knowing what they're going to be going through."
Early engagement has practical consequences. Ownership structure decisions, for example, need to be made before certain steps are taken, and loan conditions need to be specified before preliminary contracts are signed. Once the primary sale contract is signed, the room to adjust is limited. As Simon puts it: "Sometimes clients come to us after they've already signed the primary sale contract, and there are things we would have advised them to do differently, and it's too late."
Initial consultations are free. There is no cost to understanding what you are getting into before you commit to anything.
Buying an Existing Property
The purchase of an existing (resale) property in France follows a two-stage process.
The first stage is the preliminary sale contract, known as a Compromis de Vente or Promesse de Vente. This is broadly equivalent to exchange of contracts in the UK. At this point, the seller is bound to sell. The key difference is that the buyer benefits from a 10-day cooling-off period after the contract is notified to them. During this period, they can withdraw without penalty and recover any deposit already paid.
In practice, while the legal penalty for withdrawal after the cooling-off period is 10% of the purchase price, it is standard, particularly for higher-value Alpine properties, to pay only a 5% cash deposit into the notaire's escrow account at this stage. The 10% obligation remains written into the contract, but your upfront capital requirement is kept to half that figure.
Offer accepted. Visit the Town Hall (Mairie) to check for nearby planning applications that a standard notaire search might miss.
Sign the preliminary contract. Your 10-day cooling-off period begins. Standard cash deposit is 5%, held in the notaire's escrow.
The notaire conducts searches and you finalise the mortgage. If buying remotely, set up your e-POA identity verification at this stage.
Sign in person or via secure video link. Funds transferred, keys handed over, and your deed is archived for 75 years.
The preliminary contract also sets out any suspensive conditions: preconditions that must be met for the sale to proceed. The most common is a mortgage condition, which specifies the loan amount, duration, and interest rate the buyer is seeking. If those financing conditions aren't met, the buyer can withdraw and recover their deposit, provided the failure wasn't due to their own negligence or bad faith.
The second stage is the final purchase agreement. The notaire uses the intervening period to gather information, verify title, carry out the necessary administrative checks, and prepare the final deed. This typically takes around two months for a cash purchase, or three months when financing is involved. The full purchase price is paid on the day of signature, at which point ownership transfers and keys are handed over.
With an existing property, you know what you are buying. That means the full range of property diagnostics applies.
Buying Off-Plan (VEFA)
An off-plan purchase is governed by a different part of French legislation and follows a different structure. The key distinction is that the building doesn't yet exist, which changes both the protections available and the payment mechanics.
The first stage is a reservation contract, essentially an option granted by the developer to the buyer to purchase the property. It sets out the terms of the future sale and the preconditions that both parties must fulfil. On the developer's side, they must reach a sufficient level of buyer commitments (typically around 50% of units) and put in place a range of legal protections before the final agreement can be signed. On the buyer's side, there may be a financing condition. The 10-day cooling-off period applies here too.
The second stage is the final off-plan purchase agreement, known as a Vente en l'État Futur d'Achèvement (VEFA). This can only be signed once all preconditions are met, including the developer securing a Garantie Financière d'Achèvement (GFA), the financial guarantee against the developer failing to complete, covered in the next section. Rather than paying the full price on completion, buyers pay in stages as construction reaches defined milestones. The initial payment is typically 25–35% of the purchase price, depending on the stage of construction when the contract is signed.
Remote Signing: You Don't Need to Travel
In 2026, the Procuration à Distance (Electronic Power of Attorney) is standard for international buyers. This is not a simple DocuSign; it is a highly secure legal process.
- Secure Video Link: You connect with your notaire via a professional, encrypted platform. Standard apps like Zoom or WhatsApp are legally prohibited.
- Electronic Signature: You sign using a Qualified Electronic Signature (eIDAS compliant), typically verified via a code sent to your mobile.
- Legal Weight: This signature carries the exact same authentic status as a wet-ink signature in a French office.
Professional Requirement: While not a strict statutory law, most notaires will require a sworn translator (traducteur assermenté) or a bilingual solicitor to be present if you are not fluent in French. This fulfils their legal duty of advice and ensures the contract cannot be challenged later on the grounds of a lack of understanding.
The GFA: Off-Plan Financial Guarantee
The Garantie Financière d'Achèvement (GFA) is a critical protection for off-plan buyers. It is a bank guarantee, typically provided by a financial institution, that stands behind the developer.
Its primary purpose is to ensure the building is completed even if the developer runs into financial difficulty. If the developer fails, the guarantor is obligated to appoint and fund another constructor to finish the works. There is also a secondary protection: if completion becomes genuinely impossible for any reason, the guarantor must reimburse the buyer for all funds already paid.
The final VEFA cannot be signed without this guarantee in place. If the developer has not secured it by the required deadline, the buyer is entitled to withdraw from the purchase and recover their deposit in full.
Understanding the Costs
Buyers frequently refer to "notaire fees" as a catch-all for the legal costs of purchase. This is a misnomer, and understanding what these costs actually consist of helps avoid surprises.
The notaire's own fee is fixed by the French state via a mandatory tariff; it is not discretionary and amounts to approximately 0.8% of the purchase price. The bulk of what buyers call "notaire fees" is made up of the French equivalent of stamp duty, land registry fees, and disbursements.
For an existing property, total acquisition costs (including all of the above) typically run to 8–8.5% of the purchase price. In some departments, local authorities have raised the stamp duty element by 0.5%, pushing the figure slightly higher. For off-plan purchases, the total is considerably lower: around 2–2.5%, reflecting the reduced stamp duty applicable to new constructions. Both figures tend to be fractionally lower for higher-value transactions, as the fixed elements become proportionally smaller.
Buyers financing their purchase should also factor in loan documentation fees, which cover the notaire's work in recording the loan agreement and registering the lender's security against the property. There may also be reimbursements to the seller for any prepaid property taxes or service charges covering the period after completion.
Financing Your Purchase
Roughly half of buyers purchasing French property use a French mortgage. The alternative is borrowing against assets in your home country, though each option has different implications for the transaction structure.
If taking a French loan, the bank will typically require security over the property. The notaire records the loan agreement and registers that security with the land registry. This forms part of the notaire's work on the transaction.
Any mortgage requirement must be included as a suspensive condition in the preliminary or reservation contract. This condition needs to specify the loan amount, duration, and interest rate. If the loan application is refused on those terms, and the refusal is not caused by the buyer's own actions or omissions, the buyer can withdraw and recover their deposit.
Most French banks will not issue a formal loan offer until a preliminary contract is signed. That said, it is possible to get a pre-assessment of your borrowing position before signing anything, and Simon's advice is to do exactly that.
"Try and front-end the loan application part of the process, and ensure you can borrow, and how much, before signing anything."
Going into a preliminary contract with no sense of your financing position is a risk that is easy to avoid.
If you are buying through a company structure, the loan would be in the company's name rather than your own. This means the ownership structure decision needs to be made before you begin the mortgage application process.
If You Decide Not to Proceed
The French system provides reasonable protections for buyers who need to withdraw, but those protections depend on timing and circumstance.
During the 10-day cooling-off period, a buyer can withdraw for any reason. The deposit is returned in full. After that period, withdrawal is only penalty-free if a suspensive condition has not been met, the clearest example being a refused mortgage application. The condition must have been properly included in the contract, and the buyer must not be responsible for the failure.
If all conditions are met and a buyer chooses not to proceed, the financial consequences depend on the type of purchase. For an off-plan purchase, the deposit at risk is 5% of the purchase price. For a resale property, the preliminary contract typically includes a penalty clause of 10%. This scenario is uncommon. Understand the financial consequences before signing.
Ownership Structures
Deciding whether to hold a property in your own name or through a company is a choice between simplicity and long-term planning. For most second-home buyers who aren't planning significant rental activity, direct personal ownership is the logical route. It carries no setup costs and avoids the annual administrative burden of running a French entity.
If your goals include family inheritance planning or commercial rental activity, a company structure may be appropriate. The two most common options are:
- A Société Civile Immobilière (SCI) holds the property in shares rather than as a physical asset, which makes it easier to gift portions to family members over time and can reduce future inheritance tax liabilities. It is suited to passive ownership. Using it for furnished holiday rentals can lead to complicated tax reclassifications.
- A Société à Responsabilité Limitée (SARL) is generally more effective for buyers focused on commercial yield. It allows expenses and depreciation to be deducted from rental income, and it is the standard vehicle for recovering the 20% VAT on new-build purchases, a saving that requires the property to be made available for rental with specific services.
Using a UK limited company for the purchase is generally inadvisable. The French tax authorities tend to view this structure unfavourably, which can result in punitive tax rates on resale that far outweigh any initial convenience.
Company formation typically takes around two weeks once all the necessary information is in place. Preliminary contracts usually include substitution clauses, meaning the purchasing entity can be changed before final completion. This provides a window to finalise the structure after the initial commitment is made, as long as the decision is not left too late.
Due Diligence: Surveys and Diagnostics
French property law requires sellers to provide a set of technical surveys, known as diagnostics, before the preliminary contract is signed. These cover internal elements including energy performance, the presence of asbestos or lead, the condition of electrical and gas installations, and exposure to natural risks.
What they do not typically cover is structural condition. The general principle in French law is that a property is sold as it stands. "What you see is what you get," as Simon puts it. This makes the pre-purchase inspection phase particularly important for resale properties. Once the 10-day cooling-off period has passed, the options for withdrawal on the basis of property condition are limited to cases where the seller has deliberately concealed a defect, which is a high standard to prove.
The practical advice is to review all diagnostic reports before signing the preliminary contract, and to carry out any additional inspections during the cooling-off period. Leaving due diligence until after that window closes significantly reduces your options.
One area the notaire does not routinely cover is pending planning applications. They will verify zoning and existing permissions, but a neighbour may have recently submitted plans for an extension that could affect your light, view, or access. Before signing, it is worth visiting the local Mairie (Town Hall) or checking the online Géoportail de l'Urbanisme to review any pending applications in the immediate area. If you want to go further, ask for a Certificat d'Urbanisme Opérationnel. This document confirms not just the zoning of a plot, but whether any specific project affecting it has already been approved. It takes an hour and can save significant disappointment later.
Energy Ratings and Rental Restrictions
Energy performance is a primary consideration for any French property investment, governed by the Diagnostic de Performance Énergétique (DPE) scale from A to G. Properties with electric heating, common across the Alps, were historically penalised by a primary energy multiplier that made them appear less efficient than they actually were.
As of 1 January 2026, this has changed. The government lowered the electricity coefficient from 2.3 to 1.9. This technical adjustment has allowed approximately 800,000 electric-heated properties to move up an energy grade without any physical renovation. A studio that was rated G in 2025 may now be rated F and therefore legally rentable for the time being.
For investors looking at properties currently rated G or F, there are three things to be aware of:
- Check for reclassification first. A free reclassification certificate may be available via the ADEME website, which could move a property out of the rental restriction category without any works.
- The current rental restriction timeline remains: G-rated properties face restrictions now, F-rated from 2028, and E-rated from 2034. The 2026 reform has given many owners additional time to plan renovations.
- In certain high-altitude Alpine zones, local prefectures have more discretion to grant exemptions where thermal renovation is technically or architecturally not feasible.
For buyers assessing older apartments, verify the current DPE and check reclassification eligibility before treating any property as unviable from a rental perspective.
Getting Started
The French buying process is well-structured and offers real protections for buyers. But those protections depend on doing things in the right order. Decisions made at the preliminary contract stage (the loan conditions included, the ownership structure chosen, the due diligence completed) set the terms for everything that follows. Getting the foundations right is considerably easier before a contract is signed than after.
If you are considering buying property in France and want to understand your position before you start, Simon offers initial consultations at no charge. SnowOnly can also provide guidance on the process and connect you with the right professionals at the right stage.
If you are based outside France, ask your notaire about signing remotely via a Procuration à Distance. This is now standard practice and carries the same legal weight as signing in person.
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This article draws on two interviews with Simon Attey of Alpine 3V Notaires, Moûtiers. Simon is a dual-qualified English solicitor and French notaire with over 20 years of experience in Alpine property transactions. The most recent interview was recorded for the SnowOnly + YouTube channel. An earlier conversation, also covering the French buying process, is available here. SnowOnly is a property portal dedicated to ski properties across 17 countries.
