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Guide to French real estate laws: Everything a buyer needs to know

Mahaut Fauquet
-
Modified on
1/14/2025
Buying guide
Summary

Real estate in France is governed by a set of property laws and regulations, collectively referred to as French real estate law, designed to protect the rights of owners and tenants, while ensuring transparency and security in real estate transactions. Whether you're French or a foreigner looking to buy real estate in France, it's important to understand these laws, regulations, and the different property statuses.

French Real Estate Law

Carrez Law

In real estate listings, we often find two areas: the total area and the Carrez area, which corresponds to the private part of the home, thus excluding the exterior, stairs, or areas with too low ceilings, for example. This law applies only to condominium properties!

Energy Performance Diagnostic (DPE)

The DPE is a mandatory diagnosis for any sale or rental of a real estate property in France. It assesses the energy performance of the property by providing information on its energy consumption and environmental impact. The DPE ranks the property on a scale of letters (from A to G) to indicate its energy efficiency, as well as an evaluation of greenhouse gas emissions.

Since 2023, regulations around the DPE have tightened in France. Today it has become prohibited to rent a property rated G, and soon the same will apply to properties rated F and E.

Real Estate Investment Incentive Laws: Malraux Law, Denormandie Law, and Pinel Scheme

  • Malraux Law: This law aims to encourage the renovation of real estate located in protected areas or listed as French historical heritage. Owners who renovate these properties can benefit from an income tax reduction of up to 30% of renovation expenses, within a ceiling limit.
  • Denormandie Law: This law aims to revitalize city centers by encouraging investment in rental real estate in eligible areas, particularly declining city centers. Investors can benefit from an income tax reduction of up to 21% of the investment amount, subject to certain conditions.

Pinel Scheme: The Pinel scheme offers tax reductions on rental investment for new housing, if the owner commits to renting the housing unfurnished as a primary residence for a minimum period of six years.

Malraux Law

Urban Pre-emption Right (DPU):

The Urban Pre-emption Right (DPU) gives certain local authorities the right to purchase a real estate property for sale on their territory in priority. Buyers must be aware of the existence of this right and check if it applies to the area where they wish to purchase.

Scrivener Laws

The Scrivener law, or “withdrawal law,” was established to protect buyers using a mortgage loan in France, offering them a ten-day reflection period to carefully examine the bank's offer.

Architectural Regulations in France

Heritage Protection:

France, known for its rich architectural heritage, has implemented special protection rules in certain villages and regions to preserve their historical character. "Historic Monuments," "Classified Sites," and "Protected Sectors" are subject to strict rules governing construction, renovation, and even the color of facades. These regulations concern classified properties but can also affect nearby buildings.

Heritage Protection

Local Urban Plan (PLU):

The Local Urban Plan is a town planning document that sets the general rules for land use in a municipality's territory. It determines, in particular, the constructible zones, rules of height and density, reserved locations, etc. Foreign buyers must consult the PLU to understand the urban planning constraints applicable to the area where they wish to purchase.

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Construction Standards:

In France, constructions must comply with quality and safety standards defined by current regulations. This includes thermal standards (RT2012), energy performance standards, seismic standards, etc. Buyers must ensure that the property they intend to purchase complies with these standards.

Neighborhood Architecture:

In many French cities, urban development and architecture plans are developed to guide urban development and preserve the identity of neighborhoods. These plans can define specific rules regarding architecture, landscape, construction materials, etc.

Property Statuses in France

In France, there are several property statuses, each with its own legal and fiscal implications:

Full Ownership

The owner holds full ownership of the real estate property, which gives them the right to freely dispose of it (sell, rent, bequeath).

Usufruct

The owner retains the right to use and collect income from the property, while the usufructuary has the right to use it. For example, a parent may hold the usufruct of a property and allow their child to occupy it.

Bare Ownership

The owner holds the property but does not have the right to use it. However, once the usufruct ends, bare ownership transforms into full ownership.

Being aware of French regulations regarding property, construction, and heritage preservation is important when purchasing real estate and can help avoid surprises! Make sure to thoroughly understand the legislation surrounding your property to know which renovations are feasible!

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