Searches prior to the acquisition of real property

The scope of the searches carried out by a Notary in France is considerably different, in many ways, from the type of search which we are given to understand is usually undertaken in a number of common-law countries, for example by Solicitors in the Irish Republic or in the United Kingdom.

A French Notary would generally establish first and foremost that the vendor had title to the property and she would usually do this by reference to the French National Land Registry; which allows legal ownership to be ascertained as well as showing any existing charges taken over the property by, for instance, a lending institution.

As a general rule, bearer title deeds to real property do not exist in France.

There is also a statutory requirement for the certification to be provided by the vendor, in fact usually via the Notary acting for the vendor, confirming :

- the absence of asbestos in the property to be sold
- the absence of lead (you may see a reference to Saturnisme in the documents) in the paintwork
- the absence of termites or similar pests 

The requirement for such certification often depends upon the region of France in which the property is situated.

However, the fact of the SNCF having undertaken a compulsory purchase on the adjoining land with a view to a new TGV line or indeed plans for a new motorway 5 years hence, would not generally come to light during the search as it is perceived in France.

Surveys

There is usually no survey carried out by a prospective purchaser prior to acquiring property in France and none would be expected.

In France, the price of real property is freely fixed between the parties and is held to be the amount which a willing buyer will pay and which a willing vendor will accept.

Thus, to a considerable degree the onus is upon the buyers to ensure that they have investigated the property to their satisfaction. 

The acte authentique or completion agreement will usually contain a declaration by the purchaser that he or she has had the fullest opportunity to visit and inspect the property and thus to identify any vices apparents or apparent defects (which thus may not be raised after the purchase either to invalidate the sale or to seek a reduction in price)

Moreover, although under French Law there is a legal remedy permitting redress in the event of a vice cach or hidden defect, such an action is not only relatively rare but also costly and extremely time consuming.

Finally, it would be also unusual for a French lending institution to require any sort of survey prior to lending funds to acquire a particular property, although a number of UK banks have been known to use a local agent to check that the price of a particular property is in keeping with prices in the area in question.

Some general points

At the completion meeting, the Notary will often demand to see passports of non-French parties to double-check their identity and will also sometimes physically hand a cheque drawn on his practice account for the purchase price (less the agents commission) to the vendor and then hand the keys to the purchaser.

The Estate agents fee will usually be paid by the Notary at the completion meeting directly to the Estate Agent.

It is important to ensure that the property is insured in the name of the purchaser as from the date and time of the completion meeting and it would be circumspect to take out the requisite policy as from the start of the day of the completion.

The onus is on the purchaser to advise the Utilities companies (EDF, GDF, Water etc) as well as informing the local municipal and tax authority in order that the necessary modifications regarding ownership are made.

The local taxes or impts locaux are usually made up of the taxe dhabitation (paid by the occupier) and the taxe foncire (paid by the owner owner/occupiers pay both).

For further information on any area of searches please click here