The stages of a sale
A sale begins with a valuation, then a sales mandate given to an estate agent or to the notary's negotiation service. Once a buyer's offer is accepted, the parties sign a preliminary contract (compromis or promesse de vente), the buyer benefits from a ten-day cooling-off period, and the sale is completed by a notarial deed (acte authentique) once the conditions precedent are met.
The seller's file should be ready before the first viewing: title deed, surveys, planning permits for any works carried out, and, for a flat, the co-ownership documents. A complete file lets the notary draft the preliminary contract quickly and reduces the risk of a delayed completion. Buyers' rights during this period are explained on our page on buying property in France.
| Stage | Who acts | What the seller provides |
|---|---|---|
| Valuation and mandate | Seller, agent or notary | Title deed, description of the property, recent works |
| Surveys | Certified surveyor | Access to the property |
| Preliminary contract | Notary, seller, buyer | Survey file, co-ownership documents, identity and marital status |
| Waiting period | Notary and buyer's bank | Answers to the notary's requests, keys for the surveyor if needed |
| Deed of sale | Notary | Signature in person or by power of attorney |
| Payment | Notary | Bank details for the transfer of the net price |
Valuation and selling through the notary
French notaries may negotiate the sale of property for their clients, under a written mandate that sets their negotiation fee. The office bases its valuation on sales actually completed in the area, which notaries record in their property price databases. The negotiation fee and the party who bears it are stated in the mandate and in each advertisement.
Our office in Chartres advertises properties entrusted to it and arranges viewings for buyers whose project and financing have been reviewed. The same notary then drafts the preliminary contract and the deed. The properties currently offered are listed on our French page on property with the office.
Mandatory surveys
The seller must provide a technical survey file (dossier de diagnostic technique), annexed to the preliminary contract or, at the latest, to the deed of sale. Each survey is carried out by a certified surveyor. Without a required survey, the seller cannot rely on the exclusion of liability for hidden defects concerning that risk.
Houses rated E, F or G on the energy performance certificate also require an energy audit proposing a programme of works. For a flat, the seller also provides the co-ownership rules, the minutes of recent general meetings and a financial statement of the lot, which the co-ownership manager (syndic) prepares.
- Energy performance certificate (DPE): required for the sale of a dwelling.
- Lead: buildings constructed before 1 January 1949.
- Asbestos: building permit issued before 1 July 1997.
- Electricity and gas: installations more than fifteen years old.
- Termites: property in an area designated by the prefect.
- Natural, mining and technological risks: property in a risk area.
- Non-collective sewage system: inspection report.
- Aircraft noise: property in an airport noise zone.
Capital gains tax for sellers resident in France
The sale of your main residence is exempt from capital gains tax. For other property, such as a second home or a rental property, the gain is the difference between the sale price and the purchase price, increased by the purchase costs and qualifying works. It is taxed at 19 % income tax and 17.2 % social contributions.
Allowances for the holding period reduce the taxable gain from the sixth year of ownership. The gain is fully exempt from income tax after 22 years and from social contributions after 30 years. A surcharge of 2 % to 6 % applies when the taxable gain exceeds €50,000. Sales for €15,000 or less are exempt. The detailed calculation appears in our French guide on capital gains on property.
| Years of ownership | Income tax allowance | Social contributions allowance |
|---|---|---|
| Up to 5 years | None | None |
| 6th to 21st year | 6 % per year | 1.65 % per year |
| 22nd year | 4 % | 1.60 % |
| 23rd to 30th year | Exempt since the 22nd year | 9 % per year |
| Beyond 30 years | Exempt | Exempt |
Capital gains tax for non-resident sellers
A seller living abroad is taxed in France on the gain made on French property, under the same calculation and allowances as a resident. Income tax is levied at 19 %. Social contributions amount to 17.2 %; sellers affiliated to a compulsory social security scheme in another country of the European Economic Area, in Switzerland or in the United Kingdom pay instead a solidarity levy of 7.5 %.
Former French residents may benefit from specific exemptions. The sale of the former main residence is exempt, for sellers who moved to another EU Member State or to a country that has signed a tax cooperation agreement with France, when it takes place by 31 December of the year following the move abroad and the property has not been made available to anyone in the meantime. Another exemption covers up to €150,000 of net gain for former residents who lived in France for at least two continuous years, provided the sale takes place by 31 December of the tenth year after departure.
Depending on the seller's country of residence, the price and the taxable gain, the seller may have to appoint a tax representative accredited by the French tax authorities. We check this point as soon as the preliminary contract is prepared, so that the completion date can be kept. Our page on inheritance and property for non-residents covers the situation of heirs who sell.
Completion and payment of the price
On the day of completion, the seller signs the deed at the office or through a representative holding a power of attorney. Sellers abroad grant that power by video call: see remote notarial signing. The buyer's funds have already been transferred to the notary's account at the Caisse des dépôts.
Out of the price, the notary repays any outstanding mortgage and obtains its release, pays the capital gains tax to the tax authorities and settles the sums due to the co-ownership. The balance is then transferred to the seller's bank account. The notary provides a statement showing each deduction.