Legal Searches and Planning Applications
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Between Compromis and Acte de Vente
Once the contract has been signed, the notaire has to undertake a series of
legal checks. These take anything from six - twelve weeks to complete.
The SAFER option
Depending on the surface area of your land, the notaire has a duty to inform
the French Rural Development Agency, the Fédération Nationale des Sociétés
d'Aménagement Foncier et d'Etablissement Rural (SAFER). This is a body
controlled by an offshoot of the Ministry of Agriculture and set up to preserve
farmers' interests. SAFER has the right to pre-empt any sale of land over a
certain area, generally 2,500 sq m. Although this right is rarely exercised in
the sale of relatively small domestic properties, it can take SAFER up to two
months to come to a decision, though you can pay a fee for a fast-track
service. If SAFER does take up its option, you will lose your purchase, your
deposit will be returned, and your contract cancelled.
Legal searches
The notaire must confirm with the Bureau de Conservation des Hypothéques (the
equivalent of the Land Registry) that there are no restrictions on the vendor's
title, nor any outstanding financial charges on the property. If you request it
and have a project in mind, the notaire will apply for a certificat
d'urbanisme, which outlines the planning status and potential of the property.
This is a step up from the note d'urbanisme which you will get anyway, and
which only indicates planning zones and rights of way.
Planning applications
When applying for a certificat d'urbanisme, it is worth giving the mairie an
outline of any proposed development for the property - such as conversion of
outbuildings - and provide a draft plan. The crucial information to give at
this stage is the extra floor area to be created, as well as any change of use,
such as from agricultural to residential.