Real estate notary: renting, buying, selling real estate

Updated on Friday 5 December 2025

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Buying and selling : the various stages

Buying a property

Selling a property

Building up a real estate portfolio

Rent

Build and develop on a daily basis

A question ? Need help ?

I wish to sell to my son the property I am currently renting to a tenant. Does the tenant have a pre-emptive right to purchase the property?

No. The law provides that the tenant does not have a pre-emptive right when the sale of the property he occupies takes place between “relatives up to and including the third degree” (for example, between an uncle and his nephew), provided that the purchaser actually occupies the property for a…
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My father has passed away. He was the sole owner of a house where he lived with his wife. In his holographic will, he deprived her of her legal rights to the estate and gave her the usufruct of his movable property. Can she continue to live in the house?

Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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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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I have been separated from my partner for two months. We bought a house together, and he is still living in it. We are about to sign a preliminary sale agreement. Will I have to pay capital gains tax when the house is sold?

No. You can benefit from the exemption provided for under Article 150 U II-1° of the General Tax Code, as long as the property was your main residence at the time of the separation, has been occupied by your ex-partner until the sale, and the sale takes place within a…
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