Points to check before buying a property in France

Buying property in France? Notaires can assist in checking everything from cracked walls to unexpected pests.

“Buying a property is one of the most significant actions we may take in our lives,” says François-Xavier Duny, president of notaire and estate agency website Immonot. “The help of a notaire is the best guarantee against unpleasant surprises, whether legal, technical or financial.”

When buying a property, especially one that you have seen advertised online, notaires suggest that buyers particularly look out for the following:  

1. Cracks in walls

Walls with cracks could indicate structural problems, especially ground movement caused by clay shrinkage or expansion. These could lead to expensive problems down the line. Before purchasing, you are advised to check the diagnostics techniques (technical diagnostics) and the garanties décennales (ten-year warranties) if the property is new.

A good notaire will ensure that these documents are valid and mentioned in the deed of sale.

2. Weakening wood: watch out for termites and dry rot

Wooden roofs and floors can attract wood parasites such as termites and dry rot (mérule), which can erode the structure from the inside out.

Ensure your notaire:

• Sets up a termite inspection, which are mandatory in affected areas (check georisques.gouv.fr).

• Checks that inspections are up to date, and that the necessary treatments have been carried out, if applicable.

3. Flooding risks

Check the property’s geohazard map carefully to find out if the house is located in a flood zone, particularly if the basement is damp or the garden floods regularly.

This information is included in the Dossier de Diagnostic Technique (DDT, technical diagnosis file), not to be confused with the diagnostic de performance énergétique (DPE). 

Ensure your notaire checks that these documents are present and adds the appropriate clauses to the deed of sale.

4. Problem neighbours and rights of way 

Some properties in France have ‘servitudes de passage’, which mean that the neighbour (and sometimes other members of the public) have a right of way across your property grounds (e.g. a public footpath or access to other land). 

Any such arrangement must be clearly defined and recorded in the title deed, and your notaire should check this and ensure the agreement is legally defined.

5. Electrical safety 

For your safety, the property’s security, and to highlight potentially very expensive repairs or replacements in future, it is mandatory for properties over 15 years old to have an electrical inspection (and gas if applicable).

These checks ensure that equipment is compliant, and will also flag up any potential need for work in the near future. The notaire should ensure that these checks are completed, and the reports kept in the property file.

6. Skeletons in the closet

Properties – particularly older ones – are often full of quirks and sometimes-unpleasant surprises, which can delay or frustrate a sale. 

However, a good notaire will ensure the legal security of the transaction no matter the unexpected issues, and aims to protect you against any future disputes.

Need for notaires

The legal role of a notaire is so specific and particular to France that it is rarely translated into an English equivalent.

The term ‘notary public’ exists in the UK, but is a small and little-known profession, and not really comparable. Otherwise, the jobs most often done by a notaire are best compared to – for example – a family solicitor in the UK.

One of the major differences – compared to, say, a high street solicitor in the UK – is that as well as being professionals with their own practice, they are public officials delegated by the state. This means that they are subject to several national laws and obligations (however, they are personally liable for all their professional activities).

Some of their work charges fees at rates fixed by the state, while other aspects may have variable costs. 

They have a duty of care, especially when it comes to ensuring authenticity and legal accuracy in the content and form of the actes notariés (official deeds) they draw up. They must also remain legally neutral and impartial, while also fulfilling their duty to their client.

They must also advise their clients ethically and competently on the relevant laws. Clients can expect their notaire to explain the various options available to them, and the consequences and obligations of the deeds they are about to sign.

For example, during a property transaction, the notaire will make sure that the buyer is aware of the implications of the property having a septic tank, asbestos in the roof or a poor DPE energy performance diagnostic.

And although notaires are often referred to during property transactions, this is not their only role; they can also help with marriage or Pacs paperwork, wills, inheritance, ID queries etc.