French Property FAQ
Is there a home inspection in France (similar to the US)?
What is "usufruit" and "nue propriété"?
Is there a home inspection in France (similar to the US)?
Yes, property buyers in France are protected by law in that the seller is required to provide reports on the condition of the property carried out by a licensed third party professional in order to put the property up for sale. This is for information only as properties are sold as is.
Home inspections beyond the required reports are not common. The overwhelming majority of French people buy homes without having the roof, foundation, plumbing, etc. checked over by a professional.
There reports (called “les diagnostics”) include:
- Status of the presence of asbestos or materials containing asbestos
- An energy performance diagnosis for the apartment
- Status of the presence of termites in the building
- Status of the presence of or risk of dry rot
- Status of environmental risks and pollution
- Condition of connection to the public wastewater collection network
- Certificate attesting to the compliance of the wood heating appliance with the installation and emission rules set by the prefect
- Lead exposure risk report
- Condition of the interior electricity installation
- Condition of the interior gas installation
- Condition of the non-collective sanitation installation
- Status of exposure to airborne noise pollution
- Measurement of the official surface area of the apartment (Loi Carrez)
Unlike countries such as the US or UK, the French real estate diagnostic reports do not include checking the heating, ventilation and air conditioning systems, signs of water damage, condition of any appliances included in the sale, windows, taps, building foundation or roof as a standard part of the buying process.
Buyers are expected to rely on their own observations as well as those of an experienced buyer's agent during property visits to assess the condition and potential repairs or renovations needed.
Paris buildings are old. It's common to have electrical system anomalies reported, signs of past water damage from a neighbor leaking onto the ceiling or traces of lead paint if you scratch under hundreds of coats of paint on the exterior window railings . These are often easy repairs to make (put a coat of paint on your window railings the next time you get painting done) and not expensive. Many electrical items out of code can simply be left as is until you plan to do a more involved renovation and will update your electrical box. The diagnostic reports indicate what is dangerous or note. A good buyer's agent can reassure you on normal findings to be expected and provide insights on potential issues that need to be addressed.
What is "usufruit", "nue propriété" and a "viager" sale?
"Usufruit" and "nue propriété" are French legal terms to describe the two parts of French property ownership for the same property. This idea of separation is called "démembrement" and is common for parents to gift property to children in a tax advantageous way. Parents can gift the "bare walls" of the property to the children but continue to occupy or rent out the property for income until death. Children then recover full ownership when the parents pass on.
It's also a way for older people to get income from their home while still remaining in it for life, called a "viager" sale. A viager buyer pays an upfront sum of money to the seller and then ongoing monthly payment to the seller as long as they live. The buyer benefits from a reduced price for the property (assuming the seller does not live an extraordinarily long life) and then recovers full usage when the seller passes. This also has tax advantages.
"Usufruit" is the legal but temporary right to use or financially benefit from the French property, living in it or renting it out. "Nue-propriété" or ownership of record is the permanent legal right to of ownership of the same property to which the usufruit is attached. The owner of record is not allowed to use the property or sell the whole property while another party has the usufruit. They can however sell their part of the property separately.