Real Estate Law France 2025 | Purchase, Sale, Commercial Lease
Real estate law in France: purchase, sale, registration duties, commercial lease, residential lease. Legal expertise by region (Paris, Flanders, Wallonia).
In summary: French real estate law features important regional differences in registration duties (3-12.5%), lease rules, and purchase incentives. All transactions require a notarial deed. Commercial leases have a minimum 9-year duration with strong tenant protection. The EPC certificate is mandatory for all sales and rentals.
Real Estate in France
French real estate law has important particularities, notably the regionalization of many competences. Registration duties, residential lease rules, and purchase incentives vary between Paris, Flanders, and Wallonia.
All real estate transactions must go through a notary for the authentic deed. The system of compromis de vente (sales agreement) followed by the final deed is the norm.
Registration Duties by Region
| Region | Standard Rate | Reduced Rate (conditions) |
|---|---|---|
| Flanders | 12% | 3% (sole dwelling, max €220,000 in urban zones) |
| Wallonia | 12.5% | 6% (modest dwelling, income conditions) |
| Paris | 12.5% | €200,000 abatement (main residence, max €600,000) |
New Property: 21% VAT
For new properties (first sale of a constructed or under-construction building), 21% VAT applies on the "construction" part, not registration duties. The land remains subject to registration duties.
The Property Purchase Process
- 1 Purchase Offer
Written offer with price, conditions, validity period. Binds the buyer if accepted.
- 2 Compromis de Vente
Detailed contract with conditions precedent (loan, planning). 5-10% deposit.
- 3 Conditions Period
Generally 4-8 weeks to obtain the loan and planning verifications.
- 4 Authentic Deed
At the notary, generally 4 months after the compromis. Balance payment.
- 5 Transcription and Key Handover
The notary transcribes at the land registry. Property transfer.
French Commercial Lease
Commercial leases are governed by a specific federal law offering significant protection to commercial tenants.
| Aspect | Rule |
|---|---|
| Minimum duration | 9 years (legal presumption) |
| Rent revision | Possible every 3 years (new circumstances) |
| Renewal | Right to 3 renewals of 9 years (request 18-15 months before end) |
| Landlord termination | At each triennial period with 1 year notice, legal grounds required |
| Tenant termination | At each triennial period with 6 months notice |
| Eviction indemnity | Up to 3 years rent if unjustified refusal to renew |
| Lease assignment | Possible with the business, landlord's agreement |
Residential Lease by Region
Paris (Paris Housing Code)
- Standard duration: 9 years (or short-term lease max. 3 years)
- Security deposit: Max. 2 months rent
- Indexation: Annual according to health index
- Tenant notice: 3 months (permanent) or end of period (fixed-term)
- Registration: Free for residential leases
Flanders (Vlaams Woninghuurdecreet)
- Standard duration: 9 years
- Security deposit: Max. 3 months rent
- Quality control: Strict conformity requirements
- Notice: Strict rules depending on reason
Wallonia (2018 Decree)
- Standard duration: 9 years
- Security deposit: Max. 2 months
- Property inventory: Mandatory at entry and exit
- Indicative rent grid: Available as reference
Mandatory Documents
- EPC Certificate: Energy performance, mandatory for sale and rental
- Soil certificate: Mandatory in Flanders (OVAM), Wallonia (SPAQuE)
- Planning information: Urban planning status of the property
- DIU (Post-Intervention File): For buildings since 2001
- Electrical inspection: Conformity certificate mandatory
- Oil tank: Certificate if applicable
Real Estate Investment
French real estate is attractive to foreign investors:
- No restriction: Non-residents can freely acquire property
- Rental yield: 3-5% gross on average in major cities
- Capital gains: Exempt after 5 years (main residence: immediate)
- Rental income: Taxed on indexed cadastral income (advantageous)
- Real estate companies: SIR (Regulated Real Estate Company) for large portfolios
Frequently Asked Questions
Registration duties vary by region: Wallonia = 12.5% (15% unbuilt), Paris = 12.5% (with possible €200,000 abatement for main residence), Flanders = 3% (sole dwelling) or 12% (other cases). For new property, 21% VAT applies (no registration duties).
Steps: 1) Accepted purchase offer, 2) Compromis de vente (private contract, 5-10% deposit), 3) Period to lift conditions precedent (mortgage, planning), 4) Authentic deed at notary (generally 4 months after compromis), 5) Balance payment and property transfer.
French commercial leases have a minimum 9-year duration, with possible triennial rent revision. The tenant has the right to 3 renewals of 9 years (except legitimate reasons). Early termination by landlord: only at each triennial period with 1 year notice and legal grounds. Eviction indemnity owed to tenant in certain cases.
Paris: standard 9-year duration (or short-term lease ≤3 years), indexable rent, max 2-month deposit. Flanders: similar rules but max 3-month deposit, strict notice conditions. Wallonia: new 2018 decree, 2-month deposit, 9-year standard duration. Each region has its own Housing Code.
The EPC (Energy Performance Certificate) is mandatory for any sale or rental. It rates the building from A+ (high performance) to G (energy-intensive). Validity: 10 years. The EPC score must appear in property listings. The certified assessor must be from the relevant region.
Notary fees include: registration duties (3-12.5% depending on region and property type), notary fees (~1-1.5% of price), research and transcription costs (~€1,000-1,500). Total: count on 12-15% of purchase price for existing property, ~6-8% for new property (VAT paid to developer).
Yes, without any restriction. Foreigners (EU or non-EU) can freely acquire property in France (residential, commercial, land). No visa or residence required. Purchase can be made through a French or foreign company. Tax on rental income and capital gains applies.
Co-ownership is governed by the law of 2 June 2010 (reformed in 2018). Each owner holds a private lot + a share of common parts. The general meeting decides at different majorities (1/2, 2/3, 3/4, 4/5 depending on decisions). The syndic manages daily operations. The co-ownership regulations and base deed define the rules.
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