Morning all. Buying a run down property in France. Old stone cottage converted in 1980s & in okay condition but needing new fosse, all electrics updating etc. Went through the draft promesse de vente last week. all fine. got the updated draft last night & found this paragraph inserted into it. on the face of it renders the property unsellable in the future or is that my lack of experience showing through? have anyone come across this. I have my signing meeting at 11am this morning where we will discuss the document so this topic is high up on my agenda. bit last minute but any advice welcome
âUNINHABITABLE BUILDING
The PROPERTY is uninhabitable in its current state, and as a result, the
PROMISING PARTY will not be able to deliver a building for residential use on the grounds
that, under the terms of Article L 1331-23 of the Public Health Code, the following cannot
be made available for residential purposes, either free of charge or for a fee: unfit premises
as defined in accordance with the provisions of Article L 1331-22, which include cellars,
basements, attics, rooms with insufficient ceiling height, living rooms with no windows or
insufficient natural light or cramped layout, and other premises that are by their nature
unsuitable for habitation, nor premises used in conditions that clearly lead to their
overcrowding.
The PARTIES declare that they were fully aware of this prior to this date.â
The âpromising partyâ in a promesse de vente is the vendors. This para on the face of it is saying no more than you both know: that the place is uninhabitable and the vendors canât give you an inhabitable house.
But youâve used some online translation software, which is not infrequently unreliable (Iâve seen Google translate something as the polar opposite of what the French said), so the original clause is needed to be sure.
I agree, only takes a slight error of a word or phrase in translation which can render the whole thing in an opposite light especially where French verbs are concerned and which tense.
yes agreed it is unreliable. iâve sent the entire FR doc to my notary public as she has professional translation software . my gut feel says it only tells me what i already know. theyâve inserted the paragraph i think as they have to legally. my worry was about potential for onward sale, which iâm not planning on doing for a mighty long time but still need to be clear about.
Blimey, you should have seen the first house we bought in Brittany as regards non habitable and it certainly did not stop or defer the purchase either. All we bought was one cold water tap inside, no sanitation of any kind except a jug and bowl in a small bedroom, the electrics were old ceramic fuses probably from the 50âs, no toilet or bathroom, no heating apart from a chimney which needed rebuilding inside and so on. I would imagine a lot of SFâs did the same back in the day too!
@frances_frenchfolly Iâve flagged your post because the copy youâve kindly posted contains lots of personal information. Iâd strongly recommend you remove the linked document.
Meanwhile, Iâve extracted the relevant paragraph:
If sheâs a notaire, doesnât she speak French herself? It is a notaire who is the best person to ask about this. Like others I think it smacks of a pretty standard clause, put inso that they donât pay taxes, and if you renovate it will not be an issue as long as the rooms and windows are able to meet the âhabitableâ standards in the legislation.Would be good to ask the question or look up what habitable standards are.
But I think you are right to reconsider the purchase as the costs of materials have rocketed in recent years so this will be a money pit. If I were you I would insist on a big price reduction!
If the house isnât classed as habitable, what are the tax implications & what needs to be done to make it habitable, & can you change the building legally to habitable (Plan dâurbanisme local?
Is it on mains drains do you have an obligation to connect to them. Does the septic tank (if you have one) conform to the regulations.
Iâd ask about servitudes as none are mentioned.
When I bought the house they were mentioned but the only servitude was if the local authorities needed access.
Another house I was interested in had all sorts of servitudes to the garden just in front of the front door & the back door, a few yards from the back door was a lavoir and well that the local farmers pumped our water with their tactors.
Blimey, you should have seen the first house we bought in Brittany as regards non habitable and it certainly did not stop or defer the purchase either. All we bought was one cold water tap inside, no sanitation of any kind except a jug and bowl in a small bedroom, the electrics were old ceramic fuses probably from the 50âs, no toilet or bathroom, no heating apart from a chimney which needed rebuilding inside and so on. I would imagine a lot of SFâs did the same back in the day too!
@frances_frenchfolly Iâve just come back home and your thread has had me thinking all the while I was out
Personally, Iâd double-check with the Mairie that my plans/ideas for the uninhabitable property ( ) are acceptable.
I note that the clause/paragraph has now been removed, but Iâd still like my Mairie to confirm that all will be well⊠and that there is no âSword of Damoclesâ hanging over the property
I reckon the Sellers were just covering their backs, but I have heard of properties which were Officially Declared Uninhabitable (by the Powers That Be) and that led to all sorts of problems.
You obviously know what you have seen re the property, but the unknown/unseen can trip one up on occasion.
The answer to your question will be that they used the previous promesse (standard practice, and sensible) but didnât check and update it thoroughly enough. We had a few similarly outdated clauses in ours (it was obvious what had happened because one clause named the vendors as buyers).
