So you’ve finally found your dream property, what happens next? Well we can tell you the process that we went through when buying our Gite in Brittany and, having only done this once, we are certainly no experts! So please treat this as a guide, things could be different for you and if you are unsure about anything please seek professional advice.

Well the first thing is to make an offer on your property. This is obviously a tricky business and we are far from expert at it! We watch the property programs and see people making ludicrous offers that you wouldn’t even dream of making and they get accepted, so no advice on this one unfortunately. Do your best and good luck! If you have a set budget have a look at this post on how to calculate how much the whole process will cost so you can make sure you don’t break your overall budget, including fees etc.

Alongside the offer you will also need to state any conditions the offer is based on. If there is a specific worry that you have about the property, e.g. the Roof, you may put in a clause in the initial contract that the sale is subject to the roof being repaired etc. Unlike in the UK, it is rare to have a general clause about the sale being subject to survey.

You then have to decide on a Notaire. The Notaire’s role in the purchase is slightly different to the Solicitors role in the UK. Their role is to ensure that the process is completed according to the law, that all taxes are collected and that there can be no questions of title after the purchase. In this respect they are acting for the state and as such their fees are set by the state. This means that the vendor and the purchaser can use the same Notaire, or you can have different Notaires and the cost will be the same. The choice to use the same Notaire as the vendor or have your own is yours.

A Compromis de Vente will be drawn up for you which is the first of two contracts you will sign, the second being the Acte de Vente which you sign on the day of purchase. The Compromis de Vente will clearly define the property you are buying, the land that is included, any rights of way and any clauses that you want the sale subject to. If you do have any such clauses it is vital that they are included within this contract. Alongside the Compromis de Vente you should also receive:

• Cadastral Plan- Similar to the land registry, showing how the land is divided into plots which will marry up to the plots defined in the Compromis de Vente
• Asbestos Survey - A report on any asbestos on the property
• Lead Survey - A report showing if any lead traces are found (e.g. in the paint)
• Wood Parasite Survey - A report showing areas of wood parasite infection and the nature of the infection
• Energy Efficiency Certificate - Energy efficiency report similar to what has now been introduced into the UK
• Sanitation Control - If you have a Septic Tank a certificate stating that it meets the new regulations
• Inventory - If you are purchasing the fixtures or fittings you should have an inventory drawn up and each item should be priced.

If you are buying the property with a mortgage there will also be a substantive clause in the Compromis de Vente. This basically means that the sale is subject to your successful mortgage application, if you are refused a mortgage by a certain date you can pull out of the sale without losing your deposit. 

You will have to sign every page and, if it’s a joint purchase, you will both have to sign every page and also provide copies of passports, birth and marriage certificates. You will then send everything back and usually pay a 10% deposit. This is often paid to the Notaire handling the sale but can be paid to the estate agent. If you are handing over the deposit to an estate agent ask to see and write down the number of their carte professionelle.

Once  you and the vendor have signed the Compromis de Vente and the 10% deposit has been received the vendor cannot pull out of the sale. You will recieve, by registered post, a copy of the contract signed by both parties. From this point the ”Cooling Off” period starts (although I don’t think the cooling off period applies if you are only buying land rather than a house so it is well worth checking out). You have seven days in which you can withdraw from the sale without having to give a reason. If you do wish to pull out you must send a letter by registered post stating your wish to withdraw from the sale. You will receive your deposit back and that will be the end of the matter. After the seven day limit has expired you cannot pull out.

If you wish to have a survey done, during the cooling off period is the time to do it as you can pull out if the survey is not to your liking. Obviously you will need to line up a surveyor as they will only have a seven day window to conduct the survey and provide you with the results.

Once the cooling off period is over the Notaire will start their searches. This process will usually take around 2-3 months for simple transactions. Searches are carried out to ensure that the property is not subject to any imminent environmental changes. If you are using a mortgage to purchase the property you should use this time to finalise the mortgage and ensure that the funds will be in place.

The Notaire may have to inform the Société d’Amenagément Foncier et d’Establissement Rural about your purchase, if you are buying land with the property. This is because they have a right to buy land that is being offered for sale. This should be a formality unless you are buying a farm or a significant amount of land so it is worth checking this beforehand if you are.

The Notaire will also check for servitudes, which are similar to Rights of Way. They will also request the certificat d’urbanisme. In our purchase this certificat d’urbanisme was the document that took the longest to get.

Finally, once the Notaire has completed their searches and made sure that the title is good you arrange the day for signing the Acte de Vente. You must ensure that the funds are with the Notaire by this date otherwise you will not be able to proceed. I’ll cover the big day in another post!

So that’s it. It may sound complicated but that’s my fault, poor writing! It is very straight forward and for us, pain free. I have heard of people having problems but we were lucky, had a great estate agent sorting things out for us and a lovely Notaire. We didn’t use an english solictor who specialises in French Property law but you may want to, again something else to investigate and for you to decide on whether they will add value to your purchase.

So basically the whole process can be summed up as:

• Have an Offer Accepted
• Sign the Compromis de Vente
• Pay the Deposit
• 7 Day Cooling Off Period
• 2-3 Months while the Notaire conducts the searches
• Pay the Balance
• Sign the Acte de Vente

And the house is yours, simple!!

2 Bedroom Cottage / Gite near Dinan, Brittany, France

Buying, Owning and Running a Gite in Brittany Blog

©Derek Arkwright 2007

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