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PROPERTY

What restrictions are there on foreigners buying property in France?

Purchasing property in France as a foreigner has several extra hurdles - here's a look at some of the restrictions and other challenges you will want to be aware of beforehand.

What restrictions are there on foreigners buying property in France?
An apartment building in Paris with a for-sale sign outside of it (Photo by STEPHANE DE SAKUTIN / AFP)

There are several things to consider before buying property in France. You may want to visit the area during different seasons to be sure that you enjoy it rain or shine, and you will want to consider how much you would end up paying in property taxes, as well as whether or not it will be a main residence or second home.

The law

Let’s start with the good news – there are no official rules in France against non French-citizens purchasing property, neither is there any requirement to be resident in the country in order to buy property – indeed foreign second-home owners make up a small but significant slice of the property market.

Revealed: Where in France do foreigners buy second homes

But in practice there are a number of challenges foreigners face when buying French property, especially if they need a mortgage.

Property sale process

Before making your decision, learn the steps to buying property in France and the expected timeline.

Roughly, there are five steps: making your offer, a cool-off period, signing a ‘Compromis de Vente‘, providing the notary (notaire) with your deposit, and signing the ‘Acte Authentique de Vente‘ (deed).

READ MORE: How long does it normally take in France to buy a property?

The French property purchase system is likely to be different to what you are used to – especially the role of the notaire.

Also Americans might be surprised to learn that in contrast to the US system of having a realtor who guides you through the entire process, in France – as in most of Europe – buyers are expected to do much work of the house-hunting work themselves.

Bureaucracy

There are a few extra steps added if you need a mortgage, but generally all foreign buyers should be prepared to have a valid ID (passport), as well as other documents including your marriage and/or divorce papers (to demonstrate your civil status).

At some point in the process, you will need to open a French bank account, even if that ends up just being for utilities after you’ve made the purchase. The earlier you can open a French bank account, the better.

You should know that purchasing property in France does not automatically give you residency rights. If you are not an EU citizen, then you will need a residency card or visa to spend extended time in France.

READ MORE: EXPLAINED: What type of French visa do you need?

Getting a mortgage

While there are no laws stopping foreigners from buying property in France for most people the biggest obstacle is getting a mortgage, as there are conditions that many foreigners cannot fulfil.

In France, the vast majority of loans are guaranteed by banks, and one bank’s offer to you may not be the same as another’s. You are free to contact several banks to find the best offer for your situation.

READ MORE: French property: How to get a mortgage in France

While there are alternative options besides banks, such as a ‘vendor loan’ (prêt vendeur) – where one sets up a credit contract directly with the seller of the property via a notary – this is much less common.

The biggest issue is that banks will require that foreigners prove that they will be able to legally remain in France for the entirety of the repayment period. As such, it can be very challenging those on short-term residency cards, to be accepted for a mortgage loan.

For the same reason, it is very difficult for non-residents to get a mortgage via a French bank.

Foreigners can also consider international options, or independent, specialised mortgage brokers, like those geared toward expats – however some have minimum income levels and minimum property purchase prices.

Another point to keep in mind is the fact that French banks also look favourably on ‘stable’ employment statuses, such as CDI (indefinite) work contracts, which, by their calculation, reduce risk of unemployment. It’s not impossible to get a mortgage if you are self-employed, but it’s harder.

Additionally, age can be a factor – lenders tend to be less likely to award mortgages to those nearing or above retirement age.

Americans – The situation is even more challenging for Americans in France, as banks can be reticent about working with Americans due to FATCA – which, according to the US dept of treasury, requires that “foreign financial institutions (FFIs) report to the IRS information about financial accounts held by US taxpayers, or by foreign entities in which U.S. taxpayers hold a substantial ownership interest.”

This has forces French banks to collect and maintain more information about their American customers. If the banks fail to disclose information to the IRS, they risk exclusion from the US market as well as penalties.

In a survey about the effects of citizenship-based taxation on Americans in France, one respondent said: “Multiple banks have denied me a mortgage because I am American.

“We used the services of a mortgage broker and when we went in for the final presentation a few weeks ago, only one out of the many banks queried offered us a mortgage, and it wasn’t even a good offer.”

READ MORE: Divorce, stress and fines: How citizenship-based taxation affects Americans in France

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AMERICANS IN FRANCE

Is there really a 1949 treaty that allows Americans an extra three months in France?

You might have heard rumours about an old but never-repealed treaty between France and the USA that allows Americans an extra three-month stay in France without requiring a visa. But is it still valid?

Is there really a 1949 treaty that allows Americans an extra three months in France?

It sounds almost too good to be true – an obscure treaty that would potentially allow Americans to stay up to six months in Europe without needing a visa . . .

The agreement exists, it was one of several bilateral travel agreements that France made in 1949.

It states: “From April 1st 1949, citizens of the US can enter the following countries on the simple presentation of a valid passport, without a visa, and stay between one day and three months; France, Andorra, Algeria, Morocco, Gaudeloupe, Martinique, French Guiana and Réunion (or Tunisia for two months).”

First things first, we would strongly advise against turning up at the border of Algeria, Tunisia or Morocco and claiming your right to free entry based on an agreement that France made for them back in the days when they were colonised. Awkward.

The Caribbean islands of Guadeloupe and Martinique, the Indian ocean island of La Réunion and the South-American territory of French Guiana remain French. For administrative purposes they are part of France, but they are not part of the Schengen zone so have slightly different travel rules. Andorra is different again.

Schengen rules

These days France is part of the EU’s Schengen zone and that has its own rules for travel.

Americans are one of several nationalities covered by the ’90-day rule’ – this allows for stays of up to 90 days in every 180 in the Schengen zone, without the requirement for a visa. In total over a year you can spend 180 days visa free, but they cannot be consecutive – within any 180-day period you must not stay for more than 90 days.

READ ALSO How does the 90-day rule work?

The 90-day limit covers time spent in any of the Schengen zone countries – so for example if you are travelling around France, Italy, Spain and Austria you get 90 days total, not 90 days in each country.

The 1949 agreement allows three months visa-free in France, while the Schengen zone agreement allows 90-days visa free in France – basically the same amount.

However where the 1949 agreement could potentially be an advantage is for Americans who want to travel around Europe for several months – essentially giving them three months in France plus 90 days in the rest of the Schengen zone countries, allowing for a six-month visa-free stay in Europe.

Neither rule allows for more than 90 days in France without getting a visa – if you want to stay longer than that in France, you will need a visa (unless you have dual nationality with an EU country).

Schengen rules versus pre-existing bilateral agreements

But is the 1949 agreement still valid? It’s true that the agreement was never specifically cancelled, but since then something big has happened – the creation of the Schengen free travel area which came into force in 1990.

The Schengen agreement creates a free travel zone (expanded several times since 1990 and now encompassing 29 countries and about 420 million people).

Countries that are part of the Schengen area;

  • do not carry out checks at their internal borders, except in cases of specific threats
  • carry out harmonised controls at their external borders, based on clearly defined criteria

The rules are covered by the Schengen Borders Code, which involves countries adopting a common visas policy – in brief this means that countries are free to set their own visa policy (eg types of visa offered, visa costs/duration) but must agree on who needs a visa and who does not.

The European Council explains: “An EU common visa policy is necessary for the effective functioning of the border-free Schengen area as it facilitates the entry of visitors into the EU, while strengthening internal security.

“The EU has established a visa policy for: intended short stays in or transit through the territory of a Schengen state; transit through the international transit areas of airports of the Schengen states; short stays are stays of no more than 90 days within any 180-day period.”

So the EU is clear that it operates a common visas policy – limiting visa-free stays to no more than 90 days in every 180.

French policy 

Part of the confusion over this historic agreement seems to be that over the years several French consulates have provided contradictory or confusing advice suggesting that the 1949 agreement is still in force.

You may be lucky and find a border guard who agrees with their interpretation – but if you find someone who interprets the Schengen rules as superseding the 1949 treaty, they will be able to provide a lot of more up-to-date and clearer statements of the rules specifying that non-EU citizens such as Americans are limited to 90 days in every 180 within the Schengen zone.

If you lose your argument at the border, you are liable to end up with an ‘over-stayer’ stamp in your passport which may make it difficult for you to re-enter any EU country, or to get a visa for any EU country.

Is it really worth taking that risk?

EES

Starting later in 2024 – probably October although it could be delayed again – is the EU’s new Entry & Exit System.

You can find a full explanation of it here, but it basically automates the counting of the 90-day allowance – passports will be scanned on entry and exit of the Schengen zone and dates automatically tallied.

There are exemptions for people who have residency permits or visas, but there is no provision built into the system to show old treaties at the border.

French citizens

The 1949 agreement is a bilateral one, so it also includes a provision for French people wanting to go the USA.

It states: “French citizens wishing to travel to the United States for stays not exceeding three consecutive months may, if they wish, receive free visas valid for two years and for an unlimited number of trips during that period.”

Sadly, this is no longer valid either – the US does not allow visa-free travel and French citizens wishing to go even for a short holiday will need to complete the ESTA visa-waiver online before travelling. Anyone who has failed to complete this form (which is not free) will be denied boarding by their airline.

Once completed, the ESTA visa waiver covers multiple trips for two years (unless your passport is renewed in that time, in which case you have to do it again).

The ESTA visa allows trips of up to 90 days per visit, French people wishing to stay for longer will need to apply for a visa.

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