| Notaires de France

No. The notary must submit a Declaration of Intent to Alienate (Déclaration d’Intention d’Aliéner – DIA) to the municipality. In principle, the municipality has two months to exercise or waive its right of pre-emption (Article L. 213-2 of the French Urban Planning Code). In the event of disagreement over the…

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).

When the deed is signed, only the fixed registration duty of €125 applicable to unspecified instruments (actes innommés) is payable, as the transfer has not yet taken place. Transfer duties become payable on the date the condition is fulfilled, and the taxable value is determined as at that date (Article…

Yes. The condition relates to a future but uncertain event. A condition attached to a gift is valid provided that it is possible, lawful and not contrary to public morals (Article 900 of the French Civil Code).

Unless the lease is a so-called “short-term” or “derogatory” lease (bail précaire or bail dérogatoire), the statutory minimum term of a commercial lease “may not be less than nine years” (Article L. 145-4 of the French Commercial Code).

No. If the lease contains a rent-review clause, you may increase the rent annually. However, the increase is capped by reference to the variation in the Rent Reference Index (Indice de Référence des Loyers – IRL), published quarterly by the French National Institute of Statistics and Economic Studies (INSEE), which…

Yes. The law provides that an adopter must be at least 26 years old (Article 343 of the French Civil Code).

Yes. The statutory right of withdrawal is available to any “non-professional” purchaser acquiring residential property (Article L. 271-1 of the French Construction and Housing Code).

It depends. The law does not expressly prohibit it. However, it refers to local planning rules (contained in the local urban plan, or PLU). You should therefore contact the town hall of the municipality where your house is located (Art. L.151-17 of the French Town Planning Code).

No. The law provides that the family residence is the place chosen “by mutual agreement” between the spouses. You will therefore need to find a solution between yourselves (French Civil Code, Art. 215, para. 2).

Can a property subject to a municipality’s right of pre-emption be sold freely?

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?

My parents wish to make a gift of real property to me, subject to the condition that I enroll in and am admitted to an engineering school. Do I have to pay gift tax when the deed is signed or when the condition is fulfilled?

My parents wish to make a gift of real property to me, subject to the condition that I obtain my degree. Is this possible?

I am about to rent commercial premises. What is the statutory minimum term of a commercial lease?

My tenant signed a three-year lease one year ago. I wish to increase the rent. Can I do so freely?

Is there a minimum age for adopting a child?

I am purchasing a second home. Can I withdraw from the purchase within 10 days after signing the preliminary sale agreement?

I would like to extend my house. My project provides for the new construction to be built on the boundary with my neighbour’s property. Do I have the right to do this?

I am married under the separation of property regime. I would like to buy a small house to establish our family home there, but my wife wants to buy a large apartment. Does the law allow us to resolve this disagreement?