Posted on 06/19/2026

Buying property in France in 2026: laws, buyer protections and tax benefits for luxury real estate on the French Riviera

REAL ESTATE

Buying a property in France, especially in the luxury real estate market (French Riviera, Saint‑Tropez, Ramatuelle, Saint‑Jean‑Cap‑Ferrat, Cap d’Antibes), means complying with several laws and regulations. In 2026, the French property market is highly regulated to protect buyers. Here are the key questions every buyer should ask, with clear and precise answers to help you avoid any legal pitfalls.

Which law protects the property buyer?

The ELAN Law (2018) and the Scrivener Law (1978) protect buyers by granting a 10‑day cooling‑off period after signing the preliminary sales agreement (compromis de vente).
You can withdraw within this period without any penalty and without giving any reason.

Why it matters:
This 10‑day period is a fundamental right. It allows you to check all the information relating to the mortgage, the property, and the surrounding environment before you commit definitively.

What is the Carrez Law and why is it important?

The Carrez Law (1996) applies only to properties in co‑ownership (shared buildings / condominiums). It requires that the actual private floor area (Carrez surface) be clearly indicated in the property listing and in the contract
The Carrez surface excludes walls, exterior areas, staircases, and spaces where the ceiling height is under 1.80 m.

Goal: to avoid any overestimation of surface area by the seller.
You must check that the stated floor area matches the real Carrez surface. If the Carrez surface is more than 5% lower than the surface indicated in the contract, you can claim financial compensation or ask for the sale to be cancelled

What is the Energy Performance Certificate (DPE) and is it mandatory?

The Energy Performance Certificate (Diagnostic de Performance Énergétique – DPE) has been mandatory for all sales and rentals in France since 2006.
It ranks the property from A to G according to its energy efficiency (A = very efficient, G = very poor) and assesses greenhouse gas emissions.

Since 2023, it is forbidden to rent out a property rated G (and soon F in 2025 and E in 2028).
The DPE informs you about energy consumption and future heating costs. A property rated D or E can be very expensive to run annually. A property rated G can no longer be rented out until renovation works are carried out.

Since 2021, the DPE must be carried out by a certified surveyor and must include an “energy label” and a “climate label”.

Which law regulates real estate agents’ activities?

The Hoguet Law (1970) regulates the real estate profession by imposing several obligations on agents:

A mandatory professional “T” card for real estate transactions
Professional liability insurance
A financial guarantee to secure clients’ funds

Always check that the real estate agent holds a valid professional card before signing anything. If the agent has no card, the sale can be annulled.
Tip: professional cards are usually visible on the agent’s website or can be checked via official registers of the French Ministry of the Interior.

What is the ALUR Law and how does it protect buyers?

The ALUR Law (2014) – “Accès au Logement et Urbanisme Rénové” – introduced major protections for buyers:

Stricter regulation of the property market
Better supervision of professional practices to prevent abuses
Increased transparency: buyers benefit from a reinforced information duty from the seller as soon as a preliminary agreement is signed
A ban on abusive clauses in contracts

You have access to more information from the very beginning of the sale process: property characteristics, mandatory surveys, environment, natural risks, pollution, etc. The seller must inform the buyer from the first stages of the transaction.

Which surveys and reports must the seller provide?

The seller must provide a complete set of mandatory technical surveys (the Dossier de Diagnostic Technique – DDT)

DPE (Energy Performance Certificate): mandatory for all properties, sales and rentals since 2006
Noise pollution from airports: mandatory in designated noise‑exposure zones since June 2020
Electricity report: mandatory for properties where the electrical installation is more than 15 years old (since 2009)
Gas report: mandatory for gas installations older than 15 years (since 2012)
Sanitation (sewerage) report: mandatory for properties not connected to mains drainage (since 2015)
Soil pollution report: mandatory in specific polluted or potentially polluted areas (since 2021)
Natural and technological risks report: mandatory in designated risk zones (flooding, earthquakes, etc.) (since 2006)

Make sure all these reports are provided before you sign the preliminary contract. If one is missing, ask for it. A false, missing, or incomplete survey can justify cancelling the sale

What is the Urban Pre‑emption Right (DPU)?

The Urban Pre‑emption Right (Droit de Préemption Urbain – DPU) allows local authorities (municipalities, departments) to buy a property in priority when it is put up for sale, in order to carry out public‑interest projects (social housing, schools, parks, etc.).

Check whether the DPU applies in the area where you wish to buy. The DPU can:

Delay the purchase by up to 2 months (pre‑emption period)
Block the purchase if the municipality decides to pre‑empt the property

Tip: consult the Local Urban Plan (Plan Local d’Urbanisme – PLU) of the municipality to see whether a DPU applies.

Can I withdraw after signing the preliminary contract?

Yes, the buyer has 10 days after receiving the signed preliminary contract (compromis de vente) to withdraw, without any penalty and without giving reasons. This period is imposed by the ELAN Law and the Scrivener Law.

Once this 10‑day period has expired, you are bound to complete the purchase at the agreed price and pay the seller. You can no longer withdraw except in specific situations (e.g. building permit refusal, hidden defects, suspended mortgage clause not fulfilled, etc.).
Tip: the 10‑day period starts from the day you receive the preliminary contract (by registered mail or hand‑delivery with acknowledgment), not the day you sign it.

Which tax incentive schemes exist for property investors?

Several French tax schemes offer significant income tax reductions for property investors:

Malraux Law: up to 30% tax reduction on renovation costs for properties in protected areas or listed historic sites
Denormandie Scheme: up to 21% income tax reduction for rental investments in renovated properties in designated town‑centre areas
Pinel Scheme: substantial tax reductions for buy‑to‑let investments in new‑build properties (minimum rental period of 6 years)
Censi‑Bouvard Scheme: up to 25% tax reduction for investments in serviced residences (student housing, senior residences, etc.)

If you buy for rental investment, these schemes can save you a lot in taxes. Always check the exact conditions before signing.

Can I buy property in France without being a resident?

Yes, you can buy property in France without being a French resident. There are no restrictions for foreigners buying real estate.
You must pay the same costs (notary fees around 7–8% for existing properties) and comply with French tax rules (income tax on rental income, social contributions, etc.).

If you buy a second home, you may need to declare it to the tax authorities and comply with local rules for short‑term rentals. If your total real estate wealth in France exceeds 1.3 M€, you may be liable for the French real estate wealth tax (IFI).

What is the SRU Law and how does it protect buyers?

The SRU Law (2000) – “Solidarité et Renouvellement Urbain” – introduced several protections for buyers:

Mandatory information on natural, mining and technological risks, as well as pollution
Pre‑emption rights for municipalities (DPU)
Rules for certain types of sales such as auctions

The seller must inform the buyer about risks (flooding, earthquakes, pollution, former mining activity, etc.). If the seller fails to provide this information, you may request cancellation of the sale.

What are the real estate agent’s obligations towards the buyer?

The real estate agent has a duty to advise the buyer:

To provide accurate information on the property’s characteristics (floor area, condition, nuisances, risks)
To inform about costs (notary fees, taxes, service charges)
To ensure that all mandatory documents are provided (surveys, title deed, co‑ownership documents)
To check the buyer’s financial capacity where a mortgage is required

FAQ: frequent questions

Q: Which law protects the property buyer?
A: The ELAN Law and the Scrivener Law protect the buyer by granting a 10‑day cooling‑off period after signing the preliminary sales agreement.

Q: Is the Carrez Law mandatory for all properties?
A: No, the Carrez Law only applies to co‑owned properties (condominiums). It does not apply to detached houses or villas.

Q: Is the DPE mandatory for a sale?
A: Yes, the DPE has been mandatory for all property sales and rentals in France since 2006

Q: Can I withdraw after signing the preliminary contract?
A: Yes, you have 10 days to withdraw without penalty and without giving any reason.

Q: Which laws offer tax reductions for investors?
A: The Malraux, Denormandie, Pinel and Censi‑Bouvard schemes offer significant tax reductions for investors.

Q: Is the buyer protected against hidden defects?
A: Yes, the buyer is protected by Article 1641 of the French Civil Code against hidden defects. You can ask for the sale to be cancelled or for a price reduction if a hidden defect is discovered after completion.

In summary: buyer’s checklist

For a property buyer in France in 2026, here are the key points to check before signing:

Correct Carrez surface (for co‑owned properties)
Mandatory DPE (A to G rating, beware of G‑rated properties)
10‑day cooling‑off period after signing the preliminary contract (ELAN/Scrivener Laws)
All mandatory technical surveys provided by the seller (DPE, electricity, gas, sanitation, etc.)
Agent’s professional card (Hoguet Law)
Urban Pre‑emption Right checked in the target area
Applicable tax schemes if you invest (Malraux, Denormandie, Pinel, etc.)
Natural and technological risks disclosed by the seller (SRU Law)
Agent’s duty to advise properly fulfilled

For more information about your real estate project on the French Riviera, contact the MONTY + CO Real Estate team.

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