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Reader question: Can I set up a security camera on my French property?

If you own property in France you might be thinking of setting up security cameras - especially if you have a second home that is empty for long periods - but France's strict privacy laws also cover private CCTV. Here's what you need to know.

Reader question: Can I set up a security camera on my French property?
A doorbell device with a built-in camera made by an American home security company in the USA (Photo by CHIP SOMODEVILLA / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

Security cameras are generally less common in France than in the UK and US and that is in large part because both the state and private individuals need to consider the country’s privacy laws.

These laws cover everything from surveillance by police to paparazzi photos of celebrities, but they also affect people who want to set up their own private security cameras.

In brief, French law does allow you to have CCTV cameras set up, but there are several privacy related rules and regulations you will have to respect.

Where can I film?

You can only film within your own property – for example, within your home, apartment, garden, driveway or on a private access road if you have one – and in most cases you do not need to ask for legal permission from local authorities.

Keep in mind that you cannot film in the public domain – this includes the street, pavement and any communal areas in front of your house, so you need to be careful of the way your camera is pointed and what is in its field of vision.

If your neighbour is concerned that your camera films either them or their property, then they have the right to contact the police and request an investigation be carried out to verify the camera’s field of vision.

Additionally, for those who live in copropriété (shared buildings, such as condominiums or apartment buildings), the copropriété must agree via a vote of the general assembly of co-owners to install a video surveillance system for the building. If installed, there must be signage or panels that inform inhabitants of the presence of CCTV cameras.

Who can be filmed?

Even though you have the right to film within your own property, you cannot film just anyone that comes into your house. If you employ anyone on your property – like a cleaner, nanny or gardener – then you must inform them of the existence of the security cameras and the purpose of the filming.

Filming workers on your property without their awareness can be considered a crime and thus result in fines of up to €45,000 and/or one year in prison.

France’s data protection body, CNIL, recommends that you include mention of security cameras in any employment contracts with people working on your property. According to CNIL, you must also post a notice (for example, a sign or flyer) so that employees know when they are entering an area that is being filmed.

You also cannot film workers on your property ‘in permanence’ – this means you do not have the right to continuously film your staff during the full exercise of their duties. 

According to French law, employers have the right to monitor their employees, but this cannot intrude on the employee’s right to privacy. This means that employers cannot film bathrooms, for instance.

When it comes to the rule about continuously filming employees, CNIL explained that this is considered “disproportionate”, since the purpose of video surveillance must be to ensure the safety of property and persons and not to monitor employees. Thus, for employers, the body recommends that cameras be oriented in “the least intrusive way possible”. The filming should not be targeted on the employee, but instead it should be “general”.

In very select cases, if your cameras are capable of identifying people, you may need to contact CNIL to conduct a “data protection impact analysis (DPA)” before setting up surveillance cameras. This is occasionally required when filming employees, and you can learn more HERE.

What if I am using a surveillance company?

CNIL advises that you carefully read the contract to ensure that the company does not store your images for more than one month (as prescribed by GDPR rules).

French approach to privacy rights

All of these regulations step from the fact that in France each person is awarded the right to privacy, as enshrined in Article 9 of the French Civil Code. The extension of this right is the droit à l’image – or the right to your own image – which states that everybody has a basic right not to have images of themselves published against their will.

Consent is (in most cases, though some exceptions exist for politicians and elected officials) required when it comes to publishing any photos or videos of people, and the rules are more strict for minors. The definition of publishing includes posting on social media.

When it comes to state-operated CCTV, public authorities can only film the public space for specific reasons, such as “safeguarding installations necessary for national defence, regulating transport flows, recording traffic violations, preventing acts of terrorism”, and more. These cameras are not authorised to film the entrances or interiors of any nearby residential buildings.

READ MORE: CCTV, drones and online cookies: How France’s strict privacy rules work

If you are interested in operating recreational drones on your private property, you should know that France also has very stringent regulations for their use – including a ban on any kind of filming or photography of a person unless they have given permission.

READ MORE: Flying a drone in France: What you need to know

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PROPERTY

Brits still buying in France despite post-Brexit fall in property sales

New data on property sales revealed a post-Brexit fall in the number of Brits buying second homes in France - but estate agents say that UK buyers are still a big force, but now they're more likely to move to France than buy a holiday home here.

Brits still buying in France despite post-Brexit fall in property sales

The number of Britons buying second homes in France has been falling over the past few years, according to a report from Notaires de France.

While second homes in France remain popular purchases and a significant number of buyers are foreign, the number of Britons buying property in France has fallen steadily and continuously in recent years, according to the Notaires de France report.

Revealed: Where foreigners are buying second homes in France

The data showed that Brits have fallen to fewer than 20 percent of all foreign non-resident purchasers in 2022.

But real estate agents who specialise in helping Brits find properties in France say that the market remains buoyant – but these days people are more likely to make the move permanently.

Joanna Leggett, marketing director at Leggett Immobilier, told The Local: “Where we used to be 50-50 second homes and main residences, it seems to be more like 75 percent to 25 percent now towards permanent homes.”

Brexit has complicated life for British second-home owners in France, who must now either limit their visits to 90 days in every 180 or go through the time-consuming process of getting a short-stay visitor visa. 

But Chloe Williams, sales director with Beaux Villages Immobilier, said that France was still proving a popular market with Britons. 

READ ALSO French property: How to get a mortgage in France

“Comparing the number of enquiries in the first four months of 2024 with 2023, we haven’t seen any reduction in the number of British buyers wanting to know more about buying a property in France,” she said. “In fact, the number of enquiries via our website is higher than this time last year.

“We are still seeing lots of Brits looking to buy a second home to enjoy for holidays and then move permanently for retirement.”

Joanna Leggett, agreed. “There was a massive peak in 2020 where [website hits] went right up. That was the Covid time. But then it dropped right down in 2021. In 2022 it went right back up again. And in 2023, it’s gone back to what the average was [prior to the pandemic]. We’re expecting it to be the same again [in 2024].”

Leggett said that the biggest shift in the market was that Britons were moving away from second homes in favour of moving to France permanently, thanks in part to the rise in remote working.

And Britons entering the second homes market tended to be younger. “We find that the people buying holiday homes through us aren’t retirees that can spend six months in any one go in France,” she said.

“When we look at the average age of our clients, the biggest bulk of them is between 41 and 60. 

“That age group doesn’t get three-month holidays. They probably get five weeks, whenever they can, unless they can work from anywhere – which a lot of people can do, now.”

READ ALSO Explained: How to convert a French second home into your main residence

And post-Brexit bureaucracy is not as off-putting as it could be. Williams explained: “The change in the visa rules post-Brexit has made some buyers hesitate and we have found it helpful to be able to point people towards professional services who can advise on visas.  

“In our experience, the French government is very helpful and welcoming to people wanting to move to France. We also have an expert adviser to whom we can direct people for full support and assistance.”

Leggett, meanwhile, sees hope in efforts to convince the UK and EU parliaments to move ahead with proposals that would allow British second homeowners to stay for longer periods visa-free.

“We’ve seen a huge drop since 2020 … but it’s levelled out again and [interest in French property] doesn’t seem to be going down. If anything, it’s probably going up.”

Both Leggett and Williams agreed that the south-western Nouvelle Aquitaine region was the popular choice among Britons moving to France. 

“Brittany is always popular, but it does seem to have gone down a little bit. And Nouvelle-Aquitaine is definitely the highest. I’m not sure if that’s the influence of TV programmes in the UK though. A Place in the Sun is on every day at different times, and I’m wondering if it’s because they tend to concentrate on those areas that they’re pushing more people there.

“We’ve done quite a few TV shows and we noticed the increase. Even when the Chateau DIY programme came out, it increased the hits to our website by 800 percent. 

“They didn’t all buy chateaux. The increase on looking at chateaux and then looking at something else. It’s just the power of TV.”

READ ALSO Where in France are locals protesting about second-home owners?

Williams, too, said that her experience was that Britons were particularly interested in properties in the warm southwest of the country – tallying with the Notaires’ report which revealed that Britons accounted for 45 percent of all non-French non-resident purchases in Nouvelle Aquitaine region.

“The Dordogne continues to be a very sought after area,” she said, “only a day’s drive from the northern ports and tunnel, it is perfect for a second home in France.   However many people are attracted to value-for-money property in the Haute Vienne and Charente.”

Leggett added: “I would have thought that the Cote d’Azur would have been higher, you know? But it’s too expensive, and Brits don’t have the highest funds. The Americans are actually the highest spend. Their average spend is nearer €600,000, whereas the Brits are coming in at just over €200,000 on average.”

Notaires de France said American buyers tended to focus their French property search on Paris, she said. But they also loved chateaux. “They just love the history which they don’t have in the States,” she said.

READ ALSO 7 tips for finding an apartment in Paris

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