Buy Property in France After Brexit

British nationals still represent the largest anglophone buyer cohort in France. They account for 59% of foreign acquisitions in Nouvelle-Aquitaine and 28% in Occitanie, with average transaction values around 303,300 euros. Brexit did not remove the right to buy French property — ownership rights remain identical to those of French citizens and EU nationals. What changed was everything around the ownership: how long you can stay, how your mortgage is underwritten, how your capital gains are taxed, and whether you need to appoint a fiscal representative when you sell.

These are not abstract legal distinctions. They translate directly into higher costs, more restrictive financing, and tighter planning requirements. British buyers who approach France with pre-2021 assumptions are the ones who get caught.

What Stayed the Same

Ownership rights. UK citizens enjoy full freehold ownership (pleine propriete) with no restrictions. You can buy any type of residential property — apartments, houses, farmhouses, building plots — individually, jointly, or through a corporate structure like a Societe Civile Immobiliere (SCI). There is no nationality cap, no government approval process, and no limit on the number of properties you can own.

The purchase process. The compromis de vente, the 10-day cooling-off period, the suspensive clauses, the notaire system, the technical diagnostics — all of this operates identically for British buyers as it does for French citizens or EU nationals. The legal protections built into the French system do not discriminate by nationality.

The frais de notaire. Transaction costs for existing properties remain 7% to 8% of the purchase price regardless of buyer nationality.

What Changed

The 90-Day Schengen Rule

This is the change with the most practical impact. As a non-EU citizen, you are now subject to the Schengen 90/180-day rule. You cannot spend more than 90 days in any rolling 180-day period in France (or any combination of Schengen countries) without a long-stay visa.

Owning property in France does not grant any automatic right to a residence permit or carte de sejour. If you want to spend more than 90 days — whether to oversee renovations, enjoy an extended summer, or eventually retire — you must independently apply for a visa de long sejour from the French consulate in the UK before you travel.

The most relevant visa categories for British property owners are:

• Visiteur visa: For those who can prove sufficient financial means and do not intend to work in France. Requires proof of private healthcare coverage and income/assets sufficient to support yourself without accessing the French social security system.
• Passeport Talent: For those making a significant economic investment in France.

Mortgage Terms

French banks now classify British applicants as non-EU borrowers. The practical effects:

• Higher deposit requirements. Maximum loan-to-value (LTV) for British buyers typically falls between 70% and 80%, meaning a 20% to 30% cash deposit. Some banks push this to 60% LTV (40% deposit) for self-employed applicants.
• Interest rate premium. Non-resident British borrowers face rates between 3.50% and 4.25% for 20-year fixed loans in 2026, compared to 3.10% to 3.60% for French residents.
• Enhanced documentation. French banks require full source-of-funds tracing under anti-money laundering regulations. Expect to provide three years of UK tax returns, six months of bank statements, and documented proof of how your deposit was accumulated.

The mortgage suspensive clause (condition suspensive d'obtention de pret) in your compromis de vente remains critical. If the bank declines your application and you have applied on the exact terms specified in the clause, you get your deposit back. If your application does not match the clause parameters, you lose the protection and potentially forfeit 5% to 10% of the purchase price.

Capital Gains Tax on Sale

When you sell French property as a UK resident, the capital gains tax implications changed materially after Brexit.

The rate. French capital gains tax on property is 19% income tax plus social charges. Pre-Brexit, UK residents affiliated with the UK social security system paid only a 7.5% solidarity levy instead of the full 17.2% social charges. Post-Brexit, the reduced 7.5% rate was initially at risk, but the UK-France social security coordination agreement has preserved this reduced rate for UK residents. This means British sellers currently face a combined rate of 26.5%, not the 36.2% applied to non-EU residents from countries without social security agreements (like the US, Canada, or Australia).

Taper relief. Both the income tax and social charges components are reduced over time through annual allowances. Full exemption from the 19% income tax is reached after 22 years of ownership. Full exemption from social charges requires 30 years.

Fiscal representation. As a non-EU resident, you must appoint and pay for an accredited fiscal representative (representant fiscal agree) when selling French property if the sale price exceeds 150,000 euros or the property has been held for less than 30 years. The representative assumes personal liability for the accuracy of the capital gains declaration. Fees typically run 0.4% to 1.0% of the total sale price.

This is a direct cost that did not exist for British sellers pre-Brexit (when EU/EEA residents were exempt from the fiscal representative requirement). On a 400,000 euro sale, that is 1,600 to 4,000 euros.

Inheritance and Succession Planning

French forced heirship (reserve hereditaire) applies to French real estate regardless of the owner's nationality. Your children are entitled to between one-half and three-quarters of the property value, depending on how many you have.

The Brussels IV Succession Regulation allows you to elect in your will that English law governs your succession rather than French law, giving you full testamentary freedom. The UK opted out of Brussels IV, but French courts have accepted Brussels IV elections by nationals of non-signatory countries. Most French notaires continue to draft these elections for British clients, though the legal certainty is lower than for EU nationals.

Tax-wise, Brussels IV changes nothing — French inheritance tax rates still apply to French-sited real estate regardless of which succession law governs the distribution.

Practical Steps for British Buyers in 2026

Before making an offer: confirm your intended usage pattern. If you plan to spend more than 90 days per year, start the visa application process early — French consulates in the UK can take 8 to 12 weeks to process long-stay visa applications.

During the purchase: appoint your own English-speaking notaire. The fees do not increase (the regulated fee is split between the two notaire offices), and having independent legal oversight is more important now that post-Brexit complications exist.

At completion: set up French tax registration. Even non-resident owners must file an annual wealth declaration (if applicable) and pay taxe fonciere and taxe d'habitation on second homes.

When selling: budget for the fiscal representative fee and confirm your social charges rate. The UK-France social security agreement currently preserves the reduced 7.5% rate, but this depends on ongoing bilateral agreements that could change.

For a complete walkthrough of the purchase process, including post-Brexit tax obligations, ownership structures, and the full timeline from offer to registration, the Buying Property in France — Expat Guide covers everything British buyers need to know.

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