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The French Property Network

Apr 8

The Sunday Times article - The market is picking up in France

The market is picking up in France — at least in the places we like to buy — and the exchange rate is in our favour, says local Anthony Peregrine reporting in The Sunday Times on 6th April 2014.

The good news sweeping in from France — or, at least, those bits of it favoured by Britons — is that the property market may be stabilising. In short, this may be your best chance for years to buy into rural France and annoy the hell out of everyone by raving about the joys of French village life. It drives listeners nuts. You know the sort of thing: marvellous little place, just like English villages were 50 years ago; nobody locks their doors; locals are so colourful; salt-of-the-earth neighbours always ready with a lettuce; you should see the village carnival... and so on and on, until you long for them to get hit by le TGV.

The truly irritating bit is that much of this is true. Let me tell you what I did last Sunday morning. After a sunshine stroll by vineyards and through garrigue scrub, I arrived at the village centre, then bobbed into the bakery for a baguette and, as it was Sunday, a cake or two. Generally I go for pets de nonne and têtes de nègre (respectively, nuns’ farts and negroes’ heads: France remains unrepentant in the pâtisserie department).

I bought meat from the general store and, from the tobacconist, the regional Sunday paper, which takes about three minutes to read. Then, in true weekender slacker’s mode, I joined those milling about the square, greeting some, avoiding others. As church came out in a flow of Sunday best, senior faithful surprised themselves, as they do every week, by noting there was time for an apéritif. I am easily led. After more minutes than necessary in the sunny, fuggy bar, I wandered home. There was a barbecue to light and the prospect of Sunday lunch.

I could go on about sports associations, full-blooded village fetes, the OAPs’ society and the fact that even the smallest of France’s 36,552 communes runs its own affairs, with a mayor and council. As I said, astoundingly irritating — and the particularly irritated might insist that there’s not much in the above that can’t be done in Britain. But, I’d argue, you couldn’t do it in such warmth, so routinely, or in a place comparably pleasant, anywhere I could afford to live. Whereas it’s all available in France, right now, and — here’s the point — at what remain knockdown prices.

The post-2008 slump in property values and sales lacked the drama that swept Spain. But, notably in rural areas, some drops have been startling, especially in pretty little towns in the profoundly rustic Creuse department. Pre-2008, there was a silly bubble. Prices were grossly overinflated. Then they dropped back to what they should have been, and then dropped some more — up to 30%. There have been some shockingly low deals.

Property for sale in Aquitaine

Yet there are signs of change in early 2014, and even (whisper it gently) of an uptake. This is not what the headline national statistics are saying. These are predicting continuing bad times — or poor times, at best — with 4% drops and sales volumes falling, too. For the individual buyer, however, national figures are meaningless. They include cities, suburbs, towns and parts of the country where no foreigner would live unless obliged to.

According to most agents, Britons these days are looking for bucolic properties mainly in the west and southwest — from Brittany down to Midi-Pyrénées, by way of Poitou-Charentes, the Limousin, Gascony and Aquitaine. In other words, they are intent on retaking, by stealth and property deals, land we lost in the Hundred Years’ War.

And here the market appears to be firming up, the past few months have seen signs of mild recovery, no stampede, as between 2000 and 2006 — it’s more of a crawl, but the strength of the pound has jolted people into thinking it’s make-your-mind-up time.

Most movement is around the €150,000 (£124,000) mark. That won’t buy you the rural idyll of a stone farmhouse with an acre of land, but it might get you close if you’re prepared to do some work.

Over in the Dordogne, things are also improving in loftier reaches — from €300,000 upwards. Late last year was the nadir, but in the past three months, inquiries and visits have picked up, especially from the UK.

There are reasons for all this. Britain’s economy appears healthier, so we’re more confident shelling out for the French house after which we’ve long been lusting. At the same time, hardly anyone trusts Spain, what with its vertical price dive and authorities itching to knock down seaside homes that upset them. Interest rates in France remain low (about 3% for a 20-year mortgage) and — an unexpected bonus — favourable rates of capital gains tax on second homes have been extended through to next August.

Midi Pyrenees property for sale

Now is a fantastic time to buy, there’s still oversupply — but that will even out over the next couple of years. In other words, you’re buying relatively cheap, with a decent expectation that properties won’t get cheaper — not in the west and southwest, anyway.

So there we are. Welcome to France. If you decide to have a crack, may I mention a couple of considerations? You’ll need an English-speaking estate agent and, ideally, an English-speaking notaire, the lawyer who handles the paperwork and charges handsomely for it. (Their average annual salary — admittedly boosted by big Parisian earners — is not far shy of £200,000.) Bite the bullet. There are pitfalls out there, and not all French sellers are as honest as they look. And they don’t look that honest.

Keep the mayor on side. He or she is the person who can smooth edges or render life rocky. Most are highly intelligent, deeply charming, extraordinarily helpful (this is “keeping the mayor on side” in action), and may appreciate an invitation to apéritifs.

Don’t be afraid of resentment. At some stage, some bloke whose family has lived in the village since 1567 will cut up rough against you as an immigrant. It happened to me when my red setter carelessly impregnated a neighbour’s standard poodle. “You immoral foreign b******” was the least of it. Yet most of the village saw the flaw in his reasoning, life carried on, and, a few years’ later, the poodle-owner and I now exchange bonjours.

Avoid feuds. Every village has them, especially those in remoter spots. A history of tough living hasn’t always disposed inhabitants to love all their fellow men. Boundary disputes last for generations. Smile at everyone, but keep well clear. I’ve known people who are not above poisoning enemy neighbours’ dogs.

Finally, if you don’t speak French, consider learning. Otherwise you’ll be confined to an expat ghetto and will miss the essence of local life. Imagine a Frenchman moving to Derbyshire, unable to speak English. Derbyshire people would find this odd. They might even grow annoyed that this person comes into their shops and pubs and talks at them in French (and, Lord knows, Derby folk are tolerant).

This is the same as monoglot Britons living in Aquitaine. We may be numerous — 20% of house purchases in the Dordogne last year — but this is not our country. We are also famously polite. It’s not easy, but we know where our duty lies.

Houses for sale in brittany

NOTE: The bulk of this article was originally published in The Sunday Times "Home" Section on 6th April 2014.

Blog submitted by: David at The French Property Network - Cle France.

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Apr 5

Buying a Property in France - Diagnostics

Anyone who buys a property in France will know that the first contract will have to have attached to it various inspection reports, known as diagnostics. The reports are provided for information, and it is important to understand exactly what they cover, what they mean, and what they do not tell you.

The nature of the searches to be carried out depends on the age, location and type of the property. If you are buying an apartment, there will be a measurement to establish the internal surface area. In many areas of the south and west of France there will be a termite inspection. Built before 1948 the property will probably be subjected to a check to establish if there is any lead-based paint.  

Built before 1997 and the inspector will look to see if there is any asbestos in the property. The drainage will also be checked. If there is no mains drainage, the system will be tested to ensure it not only functions correctly but it complies with current regulatory standards.

In addition to these inspections relating to the property itself, information must be provided about the physical status of the region - whether there is any known history or future risk of matters such as flood, landslide, avalanche, forest fire and so on. This report will give a picture of the whole area - and do not be surprised if there is a history of avalanche in an alpine resort. The two points to pick up from this are that it is important to establish in the contract that no such incidents have affected the property to be bought, and that there may be limitations on building because of any risks.

These inspections can however be somewhat limited. The termite inspection, for example, would only declare active infestation if the inspector saw them, but without actually breaking the surface of the wood. This means that the inspector will not declare that the property is free of termites: rather that he could not see any evidence of their presence on the day. Furthermore, the inspector would not declare if a previous infestation had left the woodwork so damaged it was about to cave in.

The result is that the inspections are strictly limited. They do not replace the benefits that can be gained from commissioning an independent survey – that could also be a good negotiating tool for the price.

For individual advice, please contact Matthew Cameron here.

Matthew Cameron

We at Cle France - The French Property Network are proud to work in partnership with Ashton KCJ - Legal services. If we think our clients need further legal advice or have a specific legal question that needs solicitor involvement when buying or selling a property in France we can recommend Matthew Cameron and his team for expert advice.

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Apr 5

French tax rises effect your French Property purchase

The French finance bills for 2013 and 2014 have brought some changes in rates that may have an impact on the market. These measures have been thought out by the French socialist government as a way to improve French public finances and they affect residents and non-residents alike. They also affect purchases as they mean a rise in Notaire’s fees.

Your French Property Purchase:

Starting from the 1 January 2014 all the TVA rates have gone up. This means that current expenses will rise as the 7% reduced rate for restaurants, construction, and ebooks, has risen to 10%. However the 5.5% rate, for food, hotels and entertaining has fallen down to 5%.  

The main measure of interest for a property purchaser is the 19.6% standard rate which has gone up to 20%. Whilst this means that the rate is the same as the VAT in the UK, this entails a slight raise in the Notaire’s fees for all property transactions.

However one must keep in mind that the France and UK rates are not the highest as Spain and Belgium for instance have increased their rates to 21 %.

While this slight raise could have been regarded as not having dramatic consequences, another provision of the finance bill is more severe with regard to Notaires’ fees. These consist mainly in taxes other than TVA to the benefit of “Départements” or towns. The Notaire’s actual charge represents approximately 1% while the total fees on a purchase are usually about 7% to 8% of the price.

Starting from 1 March 2014  Départements have been authorised to raise their allocation up to a maximum of 0.70%. This means that the Notaire’s fees will increase accordingly.

Some Départements have already said that they will not apply the rise on 1st March 2014, whereas others have said they will apply the raise. As of now this list is not final. Given this uncertainty the Notaire will not have any other choice than announcing to clients higher fees by way of estimate that may be revised after the sale is completed. This is simply reinforcing to the old Notaire’s habit of announcing a provision.

When Selling Your French Property:

The main area of focus here is capital gains tax. A new regulation has made non-residents liable to pay social charges. A complete relief is achieved after 22 years of ownership with regard to capital gains tax itself, but after 30 years for the social charges.

The relief comes in gradually. This means that any seller should pay attention to the anniversary date when he bought the property, as this governs the total amount of indexation relief that is possible. The new capital gains tax calculation has become very complex and it is highly advisable to seek professional advice in this respect.

In a midst of all these measures there is a silver lining as from 1 January 2014, a non-French resident national of an EU Member State, Norway or Iceland who sells his property in France may be exempt from capital gains tax on the sale of a French property.

The exemption focuses on disposals:

- After December 31 of the fifth year following transfer of tax residence outside France;

- Without time limit, if the seller has free disposition of the property (that is to say that the property is not rented) at least since January 1 of the year preceding the transfer.

The exemption is limited to a single assignment and certain other provisos.

For individual advice, please contact Jean-Paul Vovor here.

Jean-Paul Vover working in partnership with Cle France

We at Cle France - The French Property Network are proud to work in partnership with Ashton KCJ - Legal services. If we think our clients need further legal advice or have a specific legal question that needs solicitor involvement when buying or selling a property in France we can recommend Matthew Cameron and his team for expert advice.

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Apr 4

The treatment of trusts under french law

Until the introduction of a French finance law in 2011, there had been a lot of uncertainty surrounding the French treatment of trusts. Since then, a new regime has brought in different rules regarding the inheritance and gift tax, wealth tax and income tax treatment of trusts.

There is now an obligation for trustees to declare the existence of trusts to the French tax authorities if the settlor or any of the beneficiaries are French resident, or if any trust assets are situated in France. Penalties apply if these obligations are not met, and it was announced at the end of 2013 that these are set to increase. The trust declarations must be filed annually during the trust’s lifetime, and further declarations are required if the trust is modified or wound up. 

The new regime has also introduced specific tax rates and rules applying to trusts which vary depending on the circumstances. Discretionary trusts, for example, will be subject to tax at 60% and therefore careful planning is to be advised. 

Tax charges will occur either when assets are transferred to beneficiaries or on the death of a settlor, regardless of whether or not the assets remain in trust. This means that there may be tax charges on the death of each generation of beneficiaries.

Consequently, it is important to think carefully before settling any French property on trust, or before including anyone who is a French resident as a beneficiary. Furthermore, should a beneficiary of a trust move to France, it may be appropriate to think about excluding them. For those already affected, there may be possibilities for reducing the impact of the regime; for example, deciding to wind up the trust. There are many factors that will require consideration, however, such as the inheritance tax and capital gains tax implications in both the UK and France. 

Should you be the settlor, trustee or beneficiary of any trust with a French connection, it is important to be aware of whether these new rules impact on you. It is also likely that your estate will be affected on your death if you or any of your beneficiaries are French resident, or if you own French property. This is because the law has been drafted in a wide reaching manner so that trusts arising on death under a will or intestacy will be included within the new rules.

One of the most important steps to consider is the preparation of a separate French Will, so as to avoid your estate becoming subject to the French trust regime. If your French property passes under your English Will, it is likely that it will be caught by the trust rules simply by virtue of the fact that the assets will come to be under the control of the executors or administrators. By preparing a separate French Will dealing with the French assets you are therefore likely to simplify matters for your executors and beneficiaries.

For individual advice, please contact Matthew Cameron here.

Matthew Cameron

We at Cle France - The French Property Network are proud to work in partnership with Ashton KCJ - Legal services. If we think our clients need further legal advice or have a specific legal question that needs solicitor involvement when buying or selling a property in France we can recommend Matthew Cameron and his team for expert advice.

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Apr 4

Welcome to the Legal Service blog pages

Bienvenu to the first blog from the French Legal Services team at Ashton KCJ.

Our aim is to produce these regularly, keeping you up to date with any important legal developments.

So, whether you already own a house in France, or are currently looking to buy or sell a French property, our aim is to keep you informed about the issues you need to know.

If you would like to discuss any of the points raised, then do please get in touch

You can speak to member of the team: Jean-Paul Vovor, who is a French national and holds notaire’s qualifications; Sarah Walker who is an English solicitor with a specialism in French and English inheritance law and tax matters or myself, a solicitor and head of the French team. We are all, of course, fully bilingual.

I hope you find the information interesting, and look forward to any comments you may have.

A bientôt!

Matthew Cameron

Head of French Legal Services.

 Matthew Cameron and Cle France working together

We at Cle France - The French Property Network are proud to work in partnership with Ashton KCJ - Legal services. If we think our clients need further legal advice or have a specific legal question that needs solicitor involvement when buying or selling a property in France we can recommend Matthew Cameron and his team for expert advice.

 

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