Tuesday, May 28, 2013

French estate agents

Reading the various French property discussion forums, it seems that many (British) contributors have a veritable fear and loathing of estate agents, who are invariably blamed when their property fails to get sold!

To put the issue in perspective, whether you like them or hate them, French estate agents are still responsible for over 70% of property transactions, the remainder being transactions between private sellers and buyers, and the remaining few handled by some Notaires,  who are also licensed to act as estate agents (not all choose to do this). Overall property sales have declined by under 20% in 2012-13 so far, but prices have not declined dramatically, and there is not an over-supply of properties.

Various commentators argue that France needs a further 500 000 properties every year, to replace older properties reuiring updating but no-one wishes to take them because of cost, and to house a growing propulation. The collapse of an estimated one in three French marriages has also fuelled a demand for larger properties (3 or 4 bedrooms) to accommodate 're-composed' familes, where the partners may each bring children into a newly formed household.

Not surprisingly in a time of economic uncertainty - over jobs, taxes, spending power - the market for second homes has stagnated, with a lack of buyers in coastal and country areas, and owners trying to offload a second property they use less often, as children grow up and holiday habits change. In some areas, second homes can represent 70% of the local housing stock, so the decline in sales is particularly noticeable.

The decline in sales of first-time properties results as much from general economic uncertainty as the difficulties young would-be owners face when trying to secure a mortgage, particularly after the ending of the PTZ (no-interest government guaranteed loan) in January 2012. As a result many are stuck in rented properties, when they could be paying the equivalent amount in loan repayments as they do in monthly rentals.

Although bank interest rates are at their lowest for decades, lenders are increasingly reluctant to lend to employees in 'unsecure' jobs, which translates into any job that is not in the public sector!

As I have so often said on this blog, the French market is huge and complex, with many regional variations. Depending on what type of property you own and where it is located, you may have to wait for a general upturn in the French economy and/or a radical change of direction by president Hollande, before the market recovers.


Friday, May 17, 2013

French Property News, June 2013

In this special 'house hunting' issue, I have discussed some of the points to watch when house hunting that are sometimes overlooked by buyers. I have had to concentrate on some of the boring details such as planning permissions, regulations that may apply once planning consent has been given in the case of a new-build or extension, and some tips about buying land for building. Other points to note are flood-risks and how the degree of risk is classified and what are the consequences of living in an area liable to flooding (some 10% of all land in France).

I take another look at the often misunderstood workings of the system known as co-ownership, and its benefits and occasional restraints.

French Property News is available on subscription or on sale in newsagents.

Wednesday, May 1, 2013

French Property News, May 2013

Under the title 'Spanish connection' my article in this month's issue of French Property News focuses on the effects of the new fast TGV train service that will shortly connect Perpignan with Barcelona in just 50 minutes.  Since writing the piece, the projected date of 1 May has been put back again to some time in the autumn, due to technical difficulties still to be resolved (while the French trains take their electric power from overhead cables, the Spanish trains use the track).

Services from inside France and from the UK and other European countries currently reach Figueras, just over the border in Spain, and passengers have to switch to a Spanish AVE train to complete their journey to Barcelona and beyond.

The new service will be of particular interest to travellers who prefer the train, with a return fare from London to Barcelona already available at 203 pounds sterling, and an SNCF special one-way ticket from Paris to Figueras (via Perpignan) for 49 euros.

On both sides of the border hopes have been raised regarding increased cultural, tourist and commercial links resulting from the new services, and with Barcelona (eventually) just 50 minutes away, it is easy to imagine taking a shopping or business trip by train, as opposed to using the frequently congested A7/E15 motorway (2 to 3 hours depending on the time of year).

Barcelona and Spanish Catalonia are Europe's richest regions, with a GDP some 20% higher than the rest of Europe, due to well established manufacturing industries, culture and tourism - including the Costa Brava.

French Property News is available on subscription and fom newsagents. 


Monday, April 22, 2013

Paying a deposit when buying French property

Buyers and sellers of French property are often confused about the implications of paying or receiving an initial deposit when buying or selling a French property. Note the following guidelines:

- There are no hard and fast rules or applicable laws, either as to a precentage or the amount requested/paid over - this can range from Nil to 10% of the property selling price.
- Some licensed French estate agents (not all) are authorised and insured to receive deposits from buyers, and this information should be posted prominently at their place of business, including the maximum amount they are legally permitted to receive and details of their appropirate insurance cover. Any sums received are paid into a special sequestered clients account.

- French Notaires  are authorised to receive deposits from buyers and these are paid into a special state-controlled bank account, which does not earn interest.

- Deposits can be paid at the time of signing an initial agreement (offer to purchase) but more often on signature of the 'compromis de vente' (initial contract) drawn up by the Notaire or an estate agent. Buyers however may prefer to wait until the end of the seven-day 'cooling-off' period, after signature of the 'compromis de vente', before handing over a deposit.

- In the event that the sale falls through - for example, the buyer simply changes his mind after signature of the 'compromis de vente' and after expiry of the seven-days 'cooling off period' - the deposit may be witheld as compensation to the vendor. This however is not automatic and normally requires the consent of the buyer.

- Where a buyer is purchasing a property and seeking a mortgage or loan, the 'cooling off' period is extended by a further 7 - 8 weeks to allow him to secure and agree a mortgage or bank loan to finance the purchase. During this period the buyer must prove 'due diligence' in actively seeking such a loan - he cannot simply sit back and do nothing and then withdraw from the sale. In such a case he could be at risk of losing any deposit paid, subject to the conditions noted abouve.

- The above are general guidelines only and not a substitute for appropriate legal counsel.

Sunday, April 21, 2013

Having confidence in your French 'notaire'

Recently on one of the popular French property discussion forums, a contributor stated that 'it would not surprise me if some French notaires told a foreign seller that capital gains tax was due on the sale and pocketed the money htemselves' - a statement for which no evidence was produced!

The discussion arose following a question about capital gains tax, which is applied to the sale of second homes in France which are not the owner's principal or main home. Whether a property is the owner's principal or second hime is relatively easy to established, and proof of the former is normally provided by annual tax returns, utility bills etc and other signs of continuous residence. Part of the Notaire's role is to ensure that any taxes due to the state are collected and paid over.

Clearly the Notaire has a great deal of power and responsibility in this situation, and as a result his/her role is highly circumscribed by legilsation and subjhect to unannounced annual checks by independent, external authorities. Monies collected are lodged in a special non-interesting bearing account in a French state-owned bank, and subject to continual scrutiny. Notaires are grouped under local Chambres de Notaires, who have considerable powers of control over their members. Many firms have been established for decades, and one of the ones I use is now run by the grand-children of its original founder and has been in business for over 50 years.

It might be useful to mention in passing that French estate agents are also highly controlled, licensed by the local Prefecture and also subject to unannounced checks by the police. Most belong to one of the professinal bodies FNAIM or SNPI who also exercise considerable control over their members.




Friday, April 5, 2013

French Property News, April 2013

In this issue I have looked again at some of the points to watch when buying into a co-ownership property, such as a block of apartments.

Issues include owners' rights and obligations under the typical co-ownership rules, the quality and cost of managing the property by the owners' 'syndic', and the average costs involved when exceptional work is required and voted by the owners - outside painting, lift renewal, indoor decoration etc - exceptional costs that may be inherited by a new owner.

I also explain the workings of the owners annual meeting and the voting rights of each individual owner, each of whom owns a number of shares in the building according to the size of their apartment (the latter being owned outright, with the right to sell at any time).

French Propeerty News is sold on subscription and in newsagents (£3.99); www.archant.co.uk for further information.

French property prices in 2013

The regional chambers of Notaires de France have recently published statistics of property transactions in 2012 and their forecasts for trends in 2013.

- Overall sales of older properties were down by 12% in previouis years, with prices reflecting an average 6% drop (well within the usual margin for negotiation between vendor and purchaser).
- Within Pyrénées-Orientales (French Mediterranean coast) average price reductions were 6% for apartments and 8.6% for houses. This contrasts with the 'unrealistic' rise in prices witnessed since 1990 of 87.6% for apartments and 69% for houses!
- Notable variations within the region include properties in and around Perpignan and on the Mediterranean coast, where prices have generally stayed firm.
- Smaller properties such as studios can cost up to 5000 euros per square metre, and two-room properties average around 3000 euros.
- Sales of some 'second homes' - particularly small apartments located in older buildings - have slowed down but prices have not reduced significantly.
- The Report blames the uncertainties about the Hollande governments taxation policies - still undecided - on the purchase and sale of holiday homes, as both vendors and potential purchasers adopt a wait-and-see attitude.

Source: Chambre des Notaires des Pyrénées-Orientales

Note that in some sectors, such as Perpignan centre, there is a shortage of larger apartment properties suitable for 're-composed' families (after divorce or separation), where each partner may have one or more children from a previous marriage, and need three or four bedrooms, as well as larger living areas. P-DdeR.