Buying property in France could be the most tempting option for many Britons seeking a holiday home on the continent; with the English Channel just 21 miles wide at its narrowest point, the Strait of Dover, as well as the ferries and Eurostar services that run regularly to the country, France really can be a short hop away for residents of the south-east – and not much further for people who live anywhere else in the UK.
Like any other location, however, there are things to bear in mind when buying property in France. Chief among these is the question of whether your estate agent is licensed to assist in property transactions. The protection afforded by the Loi Hoguet French property law is a key element of real estate regulations in the country and could help to make sure that your transaction runs smoothly.
Buying property in France under the Loi Hoguet
The Loi Hoguet is a mandatory accreditation scheme for anyone wishing to deal in French property or to assist others in doing so. Qualification depends on a number of factors, including having a clean criminal record and having sufficient indemnity in place to cover any claims that might arise of negligence or malpractice.
Notably, the law applies to all people who advise on French property transactions, even if they are located in other countries around the world. Regardless of who or where they are, they should hold a carte professionnelle, renewed within the last year and able to be produced on request.
Professional memberships for French property agents
Despite having mandatory accreditation in place, there are other optional membership bodies for French property agents that you might want to look out for. The Federation Nationale des Agents Immobiliers et Mandataires (FNAIM) is one of these – it has its own Code of Professional Ethics in place which calls for non-discrimination and competence, and which demands that members undertake such training as is necessary to keep up to date with developments in the relevant laws. Disciplinary procedures exist for property agents who fail to adhere to the code, with potential outcomes including warnings, reprimands and removal from the FNAIM.
The SNPI – Syndicat National des Professionels Immobiliers – is a second professional membership organisation, founded in 1963 with 7,500 members across French territories both on the mainland and in places including the West Indies. In this instance, the disciplinary process is clear – breaches of the organisation’s Code of Conduct and Charter of Ethics are not tolerated, with recourse including expulsion from the syndicate.
Legal assistance in France
A fairly sizeable group of Bar Associations govern the legal profession across France at the city level, with the exact procedures for access likely to change depending on where in the country you are. In the capital, for instance, the Ordre Des Avocats Du Barreau De Paris helps victims of crime to arrange free consultations and also helps to provide access to legal aid to those people who need it. Free consultations are also held each year on taxation issues, which could help further down the line with any issues relating to capital gains tax or other property-related charges.
The Palais de Justice on Boulevard du Palais is one place to go for consultations on housing issues. Every weekday morning from 09:30 local time until midday, lawyers are available without the need for a prior appointment to discuss concerns about property, as well as issues relating to work and family law.
A full legal aid system is also in place for people on limited incomes – this is means-assessed, as might be expected. Depending on the individual’s access to wealth, the state may pay part or all of the costs arising from attorneys’ fees, remuneration of judicial officers and any other expenditure relating to a particular set of legal proceedings.