Purchasing in the Hautes Pyrenees France. 

1. The type of property that you intend to purchase governs the laws applicable, there are for example a very different set of regulation for purchasing for example a vineyard or a farm. If you intend to purchase a property with over 1 hectare of land there is a government department SAFER (The Societe d'Amenagement Foncier et d'Establissement Rural) to whom the Notaire would refer the sale papers. This department has the right to intervene in sales where there is land in excess of 1 hectare and decide whether that land should remain in agricultural use. This department very rarely exercises this right, but there is a legal obligation for all such properties to be referred to this body.

In addition nowadays there is an obligation by the seller to provide certain surveys -dependent upon the age and situation of the property. These surveys generally are to discover whether there are risks within the property from the presence of asbestos, lead, termites/fungal and insect related damage. In certain areas there are checks on whether there is a risk from natural phenomena - seismic movement etc.

2. A price is agreed between seller and vendor. This is the first step of the sale and an initial contract prepared by the selling agent is signed, this is the Compromis de Vente, it is a legally binding contract for both parties, should the purchase be dependant upon finance then this should be entered into that contract. It cannot be done at a later time, there is a 7 day cooling off period for the purchaser who can back out of the contract within those first seven days after that the contract is legally binding.

3. There is a deposit payable, at this time which is generally 10% of the sale price, the deposit is held by the Notaire. The timescale to proceed to completion is usually 3 months during which time the necessary searches will be carried out. If the purchaser fails to complete within the timescale set  the deposit paid is forfeit.

4 Surveys are not the norm in this area, normally local buyers would ask the advice of an architect or an artisan for an opinion. If surveys are required it is prudent to carry out this type of investigatory work prior to signing the Compromis de Vente which is legally binding.

5. The Notaire, is a public official who acts in the sale. He is a public official and his responsibility is to the State to ensure that the completion is carried out properly in accordance with the relevant laws, accurately and to give the transaction absolute validity that cannot be contested.The Notaire carries out the relevant searches and liaises with the relevant government departments.

6. Completion, or the Acte de Vente is usually 3 months after the initial Compromis de Vente was signed. It is carried out at the office of the Notaire. You will have been told to provide your birth certificate and if applicable your marriage certificate translated into French. Also take your passport along with you. The remainder of the purchase monies will have been paid to the Notaire who pays the vendor and any agency fees that are included in the contract.

7. Fees and Taxes The Notaire fees and the property registration fees and taxes are payable by the purchaser. Insurance becomes the responsibility of the new owner at the time of signing the Acte de Vente, in some instances you can take over the previous owners insurance but it is generally a good idea to start afresh.

8.NB French succession law is very complicated and even if you already have a will, you will need to take advice if you have specific wishes upon the disposal of your property after death.

The information contained here is of a general nature and forms no part of any contract -  always seek independent legal advice.

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