Q& I
consider for properties in the Alps or ski resorts?
ARTHUR CUTLER of French Plans explains (
frenchplans.com): The first thing to remember is that many people buy property in the Alps as a holiday home due to their love of skiing, with the added potential of significant rental income opportunities in the winter (and summer) season when the property may otherwise be unoccupied. Property prices are high and many people need to recuperate some of the costs through lettings. Over time this has led
local communes to create planning regulations which they believe are appropriate to the ownership and use of
Need advice? Put your problems to our panel A
’d love to buy a renovation project in the mountains. Are there any special planning rules I need to
Arthur Cutler
properties in order to protect those who live in the local community while maximising the tourist trade. Many communes now have
a regulation requiring owners to agree a minimum annual usage of a property, whether that be personal or through lettings to tourists. And how does that work in practice? Owners are asked to sign an agreement to this effect, with the commune having the right
Ask the experts
REGULATIONS FOR SKI PROPERTIES
to independently verify that the regulation is being upheld (with fines if not!). For other planning-related
matters like renovations and extensions to older properties, regulations frequently require a significant global improvement to existing thermal values through better insulation, replacement of external doors and windows with double or triple glazing, replacing older heating systems with more environmentally friendly alternatives etc. There are also one or two
quirky regulations that may, for example, require gutters and downpipes to be fitted with heated cables to enhance ice and snow melt in winter. Private parking in Alpine
towns and villages must be off- road and within the boundaries of the land owned with a property. Often, one space is required per 50m2
of living TIMELINE OF A MOVE TO FRANCE
Is it worth using a specialist lawyer as well as a notaire for a French property transaction?
SARAH BRIGHT of Bright Avocats replies (
brightavocats.com): Traditionally, when buying or selling property in France, you are accompanied by an estate agent to find or advertise the property, and a notaire for the conveyancing. But hiring a specialist lawyer to help you through the process as well can sometimes save you money and stress. Property transactions in France
are different from the UK in terms of what the seller or buyer needs
Sarah Bright
to do. Therefore, approaching the French process as you would in the UK can potentially lead to problems with serious economic consequences. It’s said that the devil is in the detail, and this is
92 FRENCH PROPERTY NEWS: September/October 2023
especially true when buying or selling property in France – a deed of sale and its annexes can contain hundreds of pages of information. For better or worse, under French law both parties are bound by the terms of the deed. But do you really know what the document and its annexes are all about? Do you know everything you need to declare or inquire about? Unlike notaires and estate
agents, lawyers handle litigation and therefore see first-hand what people and the courts consider as essential or problematic in a property transaction. When something goes wrong, lawyers are hired by one of the parties
to legally unravel the issue. This problem-solving role gives them a unique viewpoint; an advantage that you can hire as a buyer or a seller to avoid – rather than fix – contentious issues. Hiring a lawyer who specialises
in property transactions ensures that the terms of the contract are fully considered and understood, and that any information required to be disclosed is properly notified. Any lawyer will tell you that it is
best to spend time and money to get things right during the deal, rather than face the consequences later. In fact, spending money on legal fees before a sale is nothing compared to what you would have
area, and where two or more parking spaces are needed, one may need to be under cover. Many properties in the Alps
are apartment blocks where additional considerations exist – a maximum overall height is nearly always imposed, for example, and of course there will be a management company which needs to be consulted before any modifications are made, as such changes could affect other occupiers of the building. Be mindful that there
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