A Guide to Buying Property in France as an Expat (2026 update)
Buying Property in France as a Foreigner: Notaries, Inheritance and Common Mistakes Explained!
Everything you need to know about buying property in France as a foreigner in 2026
Buying property in France is very different from buying property in the UK, the USA, Australia or anywhere else in the world. Get the right advice, and the process is smooth.
Get the wrong advice, and it can become expensive, stressful, and legally complicated very quickly. Watch the video below where Alex Ghigo, Legal Advisor at French Connections HCB, is joined by Notaire for international clientele Ellen Brisorgueil to explain exactly why choosing the right notary matters when moving to France. They break down the French property-buying process step by step, explain what a notary actually does in France, and reveal some of the biggest mistakes international buyers make when purchasing French property, handling inheritance, and planning their move.
Why You Must Use a Notary When Buying Property in France
There are so many benefits to using a notary in France. One of the first things international buyers notice when searching for property in France is the central role of the notary, or notaire and just how much they need to be involved. Unlike in the UK or the US, where conveyancing solicitors handle property transactions, in France, using a notary is a strict legal requirement.
As Ellen explains, “It is only the notaries that can make a deed for the land registry. We have a monopoly about that.” This applies not only to buying property but also to making gifts and transferring company shares.
A French notary is a public officer appointed by the State. This status gives their deeds a “special force” that simply does not exist in common law systems. They act on behalf of the French State to ensure the transaction is entirely legal, that all taxes are collected, and that the title deed is indisputable.
Are French Notaries Neutral?
Yes. As a principle, a French notary is entirely neutral. They do not “fight” for the buyer or the seller; they act to ensure the transaction complies with French law. However, it is increasingly common for both the buyer and the seller to appoint their own notary, like Ellen.
This is highly recommended for international buyers. Having your own notary ensures someone is explicitly looking out for your interests, especially when navigating foreign legal concepts. The best part? There is no extra cost for having two notaries. As Ellen confirms, “Notaries share their fees,” meaning you get double the legal oversight for the exact same price.
Who Pays the Notary Fees?
In almost all cases, the purchaser pays the notary fees. However, the term “notary fees” (frais de notaire) is slightly misleading. As Ellen points out, “More than 80% are for the state, are taxes. Quite 10% for all the papers that we ask for… and 10% more or less for the notary.”
When budgeting for your purchase, you should expect these fees to amount to roughly 7% to 8% of the purchase price for an older property, and around 2% to 3% for a new build. This covers the transfer taxes, the cost of property searches, and the notary’s actual remuneration.
The French Property Buying Process Explained
The process of buying a house in France follows a strict, well-regulated timeline. Here is how it typically unfolds:
- The Offer: You find a property you love and make an offer. The notary is not usually involved at this stage.
- The Diagnostics: The seller must provide a comprehensive dossier of diagnostic reports covering asbestos, lead, termites, energy efficiency, and electrical safety.
- The Preliminary Contract: Once the checks are complete, you sign the preliminary contract, most often a compromis de vente (promise of sale).
- The Cooling-Off Period: By law, the purchaser has a strict 10-day cooling-off period after signing the preliminary contract. During this time, you can withdraw from the purchase without giving a reason and without losing your deposit.
- The Formalities: Over the next two to three months, the notary conducts extensive checks. They verify planning permissions, check for preemptive rights (where the local commune has the right to buy the property first), ensure there are no outstanding mortgages on the property, and confirm all easements and boundaries.
- The Closing: Finally, you sign the acte de vente (deed of sale), pay the balance of the purchase price, and receive the keys to your new French home.
How Long Does Buying a Home in France Take?
If everything goes smoothly, the entire process takes about three months from signing the preliminary contract to getting the keys. However, certain factors can delay this timeline.
According to Ellen, the biggest hurdles that slow down a purchase are usually related to financing. It is important to note that you do not need a visa to buy property in France. There are no restrictions on foreigners purchasing French property, regardless of your nationality. However, if you require a French mortgage and the bank asks for guarantees against assets held in the UK or the US, this cross-border financial check takes time and can extend the timeline. If you are also planning to move to France and live in your new property, that is a separate process entirely and will require the appropriate French long-stay visa, but it has no bearing on your legal right to purchase.
Another unavoidable delay occurs if the seller unfortunately passes away during the transaction. The notary must then halt the sale to process the inheritance, ensuring the heirs legally own the property before they can proceed with selling it to you.
Can You Buy Property in France Remotely?
Yes, absolutely. You do not need to be physically present in France to sign the contracts. Thanks to modern digital systems and the use of a Power of Attorney (procuration), you can complete the purchase from your home country. As Ellen confirms, “We can make proxies or power of attorney about that,” allowing the notary or a designated representative to sign the final deed on your behalf. We actually show how we’ve helped people buy property in France over on
Why Inheritance Law in France Catches Foreigners Out
This is perhaps the most critical section for any international buyer to understand. French inheritance law is vastly different from the common law systems used in the UK and the US, and making assumptions can lead to disastrous consequences for your family.
The biggest misconception foreigners have is assuming they have total testamentary freedom. In the UK or the US, you can generally write a will leaving your assets to anyone you choose. In France, this is not the case.
Understanding “Forced Heirship” (La Réserve Héréditaire)
France operates under a strict system of “forced heirship.” This law dictates that a specific portion of your estate is legally reserved for your children, and you cannot disinherit them.
Ellen breaks down exactly how the forced heirship fractions work:
- If you have one child, they are legally entitled to half (1/2) of your estate.
- If you have two children, they share two-thirds (2/3) of your estate.
- If you have three or more children, they share three-quarters (3/4) of your estate.
The remaining fraction (the quotité disponible) is the only part of your estate that you can freely leave to a spouse, a charity, or anyone else.
Crucially, if you become a resident of France, this rule applies to your worldwide assets. Even if you are only a resident for one year before passing away, French forced heirship rules will apply. Furthermore, even if you remain domiciled in the UK or US, French succession law will still apply to any real estate you own within France.
What Happens If You Already Have a UK or US Will?
Many expats believe they can simply write a will in their home country, choosing English or American law to govern their estate, thereby bypassing the French rules. Under the EU “Brussels IV” regulation, you can indeed elect the law of your nationality to govern your succession.
However, France recently introduced a controversial caveat to this rule. As Ellen explains, there is a special provision stating that if the deceased is resident in France, or if a child is resident in the EU, the notary must inform the children that they can claim their forced heirship share from the French assets. This means that even if you choose US or UK law, your children can still demand their reserved portion from your French property.
Additionally, financial structures that are common in the UK and US, such as trusts, are highly problematic in France. As Ellen warns, “We have an issue with trust. There is no trust in France because there is a lot of taxation on trust in France.”
This is why having a specialist legal advisor who understands both civil law and common law is vital. They can help you structure your purchase correctly from the start, using French mechanisms to protect your spouse and your assets legally.
The Tax Implications of Owning a Property in France
Owning property in France comes with annual tax obligations, whether you live there full-time or use it as a holiday home.
Ellen outlines the two main property taxes you need to be aware of:
- Property Tax (Taxe Foncière): Anyone who owns a property in France must pay this tax every autumn (usually October). It applies regardless of whether the property is your main residence or a second home.
- Living Tax (Taxe d’Habitation): This tax has been abolished for main residences. However, if the property is your second home, you will still be required to pay the living tax every year.
If you become a full-time resident in France, you will also be required to declare your worldwide income to the French tax authorities, making expert French tax and accountancy advice essential before you make the move.
Why You Need the Right Team Before You Move To France (Or Buy Property in France!)
When asked for her top piece of advice for people moving to France, Ellen’s answer is: “You need a team. A good notary, a financial planner, someone that knows a lot about taxes in order to have a global view.”
Âé¶¹´«Ã½ is not just about finding a beautiful house. It is about understanding the precise moment you become a tax resident, knowing how to structure your assets to protect your family, and ensuring your visa and healthcare are perfectly aligned with your property purchase.
At French Connections HCB, we provide exactly that team. We offer a comprehensive France relocation package that brings together expert legal advisors, financial planners, visa specialists, and trusted international notaries like Ellen.
Before you even sign a preliminary contract, our team works together to explain the process, use a professional team of tax experts to assess your inheritance situation, and structure your purchase to avoid unnecessary taxation and legal headaches later on. We handle the complex administration so you can focus on the exciting part: living your dream life in France.
Ready to start your French adventure? to discuss buying property in France and ensure your move is completely stress-free.