Frequently asked questions about Immobilier

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I co-own a property with my brother under an indivision arrangement. As he has never taken care of anything, I have managed the property myself. He is demanding that I provide him with detailed management accounts. Is he entitled to them?

Yes. Anyone who receives income or incurs expenses on behalf of the indivision must keep a record thereof available to the co-owners (indivisaires) (Article 815-8 of the French Civil Code).
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I am retired and have low income. Am I exempt from capital gains tax if I sell my secondary residence purchased in 2021?

Yes, subject to conditions. To qualify for an exemption from capital gains tax, you must meet all of the following conditions: You receive an old-age pension (retirement pension); You are not liable for the real estate wealth tax (Impôt sur la Fortune Immobilière – IFI); Your reference taxable income for…
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I rent an apartment. The landlord sold the property, and despite several letters, I have been unable to obtain the new owner’s contact details in order to pay the rent. Is this lawful?

No. The law expressly provides that: “in the event of a transfer of the dwelling, whether for consideration or free of charge, the new landlord must notify the tenant of his or her name or corporate name and address or registered office and, where applicable, those of his or her…
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I am simultaneously selling my principal residence and a garden as building land. Am I exempt from capital gains tax on the entire transaction?

No. The law provides that “where land constituting a dependency of the principal residence is sold as building land, the exemption [from capital gains tax] does not apply” (BOI-RFPI-PVI-10-40-10, § 340). Reminder: Capital gains tax is calculated on the difference between the acquisition price and the sale price of real…
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With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).
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