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PROPERTY IN FRANCE

PROPERTY

Why 2015 is the year to buy that house in France

With the double whammy of low interest rates and favourable exchange rates, a property expert tells The Local that there's never been a better time for foreigners to buy their dream home in France. The Local speaks to a family who is set to do exactly that.

Why 2015 is the year to buy that house in France
The time is right to buy that house in France you always wanted. Photo: Property photo
On Friday, one British Pound was worth a healthy €1.35. One US dollar was worth €0.88.  And one of the best exchange rates in years has caught the attention of foreigners eager to make hay while the sun shines on France. 
 
Phil Richards, an accountant from Berkshire in the UK, is in the process of securing his first home away from home in the French Alps, close to the Swiss border.
 
"I'd be a liar if I said the movement in the euro didn't have a factor in the timing," he told The Local. 
 
His family had been planning to buy a second home in France for three years, but only recently decided to take the leap when the currency exchange rates made things "a whole lot more attractive". 
 
They're set to sign any day now on an off-plan chalet in the famous Portes du Soleil area, a home where they'll spend large portions of time with their two kids and three dogs. 
 

(Richards, centre, plans to enjoy the summer cycling and the winter slopes. Photo: Private)
 
"When you can compare what you get for your money in somewhere like Cornwall, France becomes a very attractive option. Put it all together and it makes a lot of sense," he says. 
 
He admits that it's not all plain sailing though. The fear, he says, is that the exchange rate could take a turn for the worse while they're paying off the property over the course of a year.
 
"The big risk is that if I commit to paying today and the pound weakens then I would end up paying a lot more. But my plan is to lock in the exchange rate today to cover myself," he says.
 
"This is a risk for anyone buying and they need to be aware of it. Even a small move in the exchange rate could mean a few thousand pounds when it comes to property. This is a very real risk, but one that you can manage if you want to."
 
'A double whammy of goodness'
 
The Richards family is far from alone in eyeing up French property from abroad, and experts expect to see many more Brits joining them this year.
 
"All the stars and planets are aligned to give customers a good base to buy from," said Heather Byrne, Regional Manager at estate agents Leggett Immobilier for the Rhône-Alps.
 
She says that home prices are at their lowest since the 2008 crisis and that it's the best exchange rate in recent memory. 
 
According to Leggett, the average UK buyer of French Alpine property spends around £290,000 – this time last year that would have bought you €342,000, but today it would fetch €390,000.
 
Essentially, For those looking to buy at the upper end of the market the savings could run into hundreds of thousands of euros.

 
But it's not just about the favourable exchange rate.
 
"On top of that, French mortgage rates are also at an all-time low. It's the same as in the UK, the government wants the markets to be opened up and for people to keep selling to generate movement across the economy," Byrne tells The Local.
 
 
"And the national banks are keeping interest rates low and there are also really low exchange rates. This is a double whammy of goodness."
 
While sales to UK buyers are on the up, the overall French property market remains fairly calm. There were just over 700,000 transactions in the last 12 months, meaning that properties are generally priced to sell and that there's a decent supply to choose from.
 
But that doesn't mean it won't boom for foreigners. Byrne has predicted for months that 2015 will be a "bumper year" for the property industry, providing there isn't another crisis. She notes that there has been a growing trend for people investing their money outside of banks due to the bad interest rates. 
 
"They're realizing that they might as well put their money into property," she says.
 
As 2015 continues, she thinks prices will level out that that more asking prices will come through.
 
But if you're thinking about making a purchase of your own, you shouldn't wait, she warns.
 
"The vendor is becoming stronger as people are looking to buy. People need to get their property purchases in now – it's an absolutely fantastic time to buy."

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PROPERTY

French property: What is buying ‘en tontine’?

If you're buying property in France, you might be thinking about buying 'en tontine' - this has advantages especially when it comes to France's strict inheritance laws, but can also have tax implications.

French property: What is buying 'en tontine'?

What is it?

The ‘clause de tontine’ sometimes also known as a ‘clause d’accroissement’ is a clause that is inserted into the property deeds when you are buying a house or apartment.

It can only be inserted during the purchase, and cannot be added later.

It’s basically a ‘group purchase’. It’s most commonly used by unmarried couples who are buying together but it can be used by larger groups too – for example a group of friends buying a holiday home together.

You will have to ask a notaire to draw up the tontine clause during the property purchase and it can only be used if 

  • the parties are equally involved in the financing of the purchase
  • the parties involved have a roughly equal life expectancy (for this reason tontine clauses may be rejected if there is a significant difference in age between the purchasers)

What’s the point of it?

The main reason that people use it is to sidestep France’s strict inheritance laws, which assign that a certain portion of every estate must go to children, at the expense of a partner. 

READ ALSO How France’s strict inheritance laws work

For this reason it is particularly used by couples who have children from previous relationships.

On a property with a tontine clause in effect, when one owner dies their share of the property passes in its entirely to the other member/members of the tontine.

This cuts out children from inheritance, but means that a surviving partner is not evicted from their home in favour of the children of the deceased. 

It also has the advantage of making the intentions of the deceased clear, to avoid arguments among heirs after their death.

It should be noted, however, that the tontine clause only takes in the property that it covers – other assets may be subject to French inheritance law so it’s therefore probably wise to arrange a will, to ensure your wishes for your estate are met.

The surviving party can ask a notaire to update the property deeds to show that they are the sole owner, if they want. Be aware there will be a fee, which could reach four figures for the privilege – and it doesn’t actually involve any change to the property title.

Drawbacks

The advantages of the system are clear, especially for blended families, but there are some potential drawbacks too, which mean that anyone considering buying in this way would be well advised to take proper legal advice before they start.

Inheritance tax – while a tontine will help you to avoid restrictions on inheritance, it does not exempt you from inheritance tax. French inheritance tax is structured according to your relationship to the deceased, and people who are neither married nor related to the deceased pay an eye-watering inheritance tax rate of 60 percent.

The only exception to this top rate of inheritance tax is if the property is your main residence and it is valued at under €76,000 – in that case, tax is paid at a rate of 5.8 percent.

Married couples and family members pay a much lower rate or not tax, but if you’re not married to your tontine co-purchaser, be careful that you’re not lining yourself up for a massive tax bill in future years.

Wealth tax – depending on the value of the property, it could tip you over into the ‘wealth tax’ category when you inherit. France’s wealth tax is a real estate based tax and is levied on anyone who has real estate assets (property and land) worth €1.3 million or more.

The calculation includes property held en tontine.

Tax savings – you might hear tontines being advised as a way to limit your French tax liability.

While this used to be true, changes to tax laws means there are no no significant tax advantages to buying this way – the same is true for buying a property via an SCI, which used to represent a tax saving until the law was tightened up.

Disinheriting family membersOne side effect of the tontine clause on mixed families is to effectively disinherit any children of the first person to die.

Because the property passed to the survivor, under French law, only their direct descendants – rather than any family by marriage – are entitled to automatic inheritance.

That means that the children of the surviving partner will be entitled to the statutory share of the entire asset (between 25 and 30 percent depending on the number of children), but the children of the first person to die will be entitled to nothing. Obviously you can choose to leave them something in your will, but you can only leave them some or all of the estate which is not automatically given to the children on the survivor.

Divorce/dispute – if the members of the tontine split up or (in the case of friends) fall out, then they can either sell the whole property or agree to buy each other out.

However, if one party refuses to sell, then you have very limited legal options – unlike a standard property purchase a tontine is not regarded as joint ownership, so one partner cannot be forced to sell as part of a divorce procedings, for example.

Basically the tontine can only be ended or changed with the agreement of all parties – so if you can’t agree between yourselves then you may be stuck with it.

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