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Viewing the Property Print E-mail
Written by Charles Davey   
Friday, 10 September 2004

The following is an extract from The Complete Guide to Buying Property in France by Charles Davey, barrister and consultant with Tee France solicitors, specialists in French property transactions. His book is published by Kogan Page.

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It is essential that you view the property several times, including in good and bad weather, and during the hours of darkness. Take the care to listen to what noise is likely to affect you. Approach the property from different routes, and consider how visitors might approach your property - you might not appreciate them remembering that to reach you they have to turn left past the sewage works, continue on past the funeral directors, or climb the hill past the refuse dump. You are proposing to make a substantial commitment.

You should not be deterred from returning to the property before deciding whether to proceed. If possible try to ascertain why the owners now wish to sell, and how long (and it may be a question of years, rather than months) the property has been on the market. It may help to remember that the estate agent will receive a commission several times the percentage of his UK colleague, albeit generally on a lower price ticket, and ought to be prepared to answer your questions and arrange your various visits to the property. Consider also the property’s location in relation to access to public transport, and proximity to shops, chemists etc. Look carefully not only at the building, but also at the garden, and the neighbouring properties.

Are the boundaries clearly marked? Is there any reason to suspect that other persons have a right of way over the property? What about that well-worn path running through part of the property? Is there a well? Having a well in your garden may appear an attractive feature. Not so desirable if you are sunning yourself in a state of semi-undress when you look up to see your neighbours, or other inhabitants of the village, walking through your garden to exercise their rights to draw water from your well.

If there is a well, or some other feature of the property that concerns you, speak to the agent and the vendor, and then raise it with the notaire. Do not forget to note whether the house, or in particular the garden, terrace, veranda or balcony are south facing. Check also that the light switches work, that there is hot and cold running water, and that the toilet bowls are not cracked.

Whether you are buying an established property, a new property from a developer, or purchasing a building plot, you should pay particular attention to the terrain. Attempt to ascertain whether the land is likely to flood. Some areas have suffered widespread flooding in recent years (see Chapter 1).

Whilst these areas are to be treated with particular caution, elsewhere you should still be alert to local flooding. A stream or river may be picturesque during the summer months, but may overflow its banks during heavy rains, making your garden unusable even if your house remains untouched.

Fortunately some areas that are prone to dampness and flooding are easily identified by their names: avoid locations such as La Mare or L’Etang (pond) and Le Ru (brook). In my youth I spent one very wet summer working at a campsite named La Grenouillère (frogpond). The site remained damp for many weeks after the rain, and tents were uninhabitable owing to the continuing humidity and the odours emanating from under the groundsheets.

Always check in a dictionary in case the name of a road, or the area in which you propose to buy in fact has a meaning. Think twice before buying a property at the foot of a hill. You may well wish to shelter your home from strong winds, particularly in Brittany, Normandy or the South (the Mistral is renown for the damage it brings to properties on the Riviera, especially to windows). However, you also need to consider whether the property is likely to be the unhappy recipient of the rainwater that falls on the hillside above your home. The property may also be in danger from falling rocks, or landslides.

Whether you are buying property or land a surveyor can advise you on whether the land was or is suitable to build on, especially if he is familiar with the locality. In the eastern part of Normandy, for example, chalk mining has caused serious problems (see Chapter 2). Be alert also to the possibility that the land has been used as a dumping ground for refuse or chemical waste - this may be the explanation for the apparent bargain that you are being offered. It is wise to visit the section d’urbanisme at your local mairie and ask to see the POS (le plan d’occupation des sols). This will indicate what improvements are planned in the locality, including any airports, motorways and TGV lines. Ask what planning permissions, if any, have been granted for neighbouring properties.

Check whether the area is subject to flooding. It is also worthwhile visiting the Direction Départementale de l’Equipement (DDE) at your nearest préfecture to see what information they have about plans for your area.A word of warning: in some areas, most notably in the Alpes-Maritimes, many properties have been constructed or extended in blatant disregard of local planning restrictions. The cases fall into three categories. Firstly there are the modest or small houses built by a small developer and sold onto an innocent purchaser.

Secondly there are the many small restaurants, cafés and other small tourist businesses along more coastal areas where previous owners have encroached upon public land or extended the property beyond the boundaries permitted by the planning permission. The businesses have often changed hands several times and the present occupier was totally unaware of the breach until recently.

Thirdly there are the huge mansions, often constructed on the coastline, by the most wealthy, often foreigners, again blatantly in breach of planning permission, sometimes building over twice the surface area permitted.

For many years the local authorities sat back and did nothing. The climate has started to change, and in some cases the authorities have taken action. Already some properties have been demolished or are undergoing substantial alteration at the expense of their present proprietors, even though they were not responsible for the breach of regulations. The only solution is to make as many enquiries as you can, specifically ask your notaire to ensure that the vendor confirms that there have been no breaches. He should carry out thorough checks of the documentation. It would be sensible to insist on the vendor providing up to date plans of the property which you or your surveyor can confirm show the present position, and then discuss with the notaire and your surveyor whether they correspond to the permissions granted.

The above article is for general guidance only. No legal responsibility can be accepted for loss or damage resulting from reliance upon it. Readers should always obtain specific up to date advice from a suitably qualified expert before making any commitment.

Last Updated ( Thursday, 02 August 2007 )