Droit immobilier · Since 1971

Real Estate
Law
in France

Toulouse · Occitanie · France

✈️ Toulouse Office · Xavier Ribaute · Founding practice since 1971

Real estate law is the founding area of the Toulouse office, the practice with which the firm began in 1971. Five decades of uninterrupted experience in property transactions, commercial leases, development and real estate litigation under French law, with a Spanish Desk for Spanish-speaking clients.

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Years of practice

1971

Year of foundation

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Spanish Desk

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Property sale and purchase

Complete legal support in residential and commercial transactions under French law.

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Bail commercial · Leases

Drafting, negotiation and litigation in commercial and residential lease agreements.

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Promotion immobilière · VEFA

Advice on real estate development projects: VEFA, construction contracts, permits and delivery.

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Contentieux immobilier

Legal defence in real estate disputes: hidden defects, developer liability, easements and ten-year warranty (garantie décennale).

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Toulouse · Occitanie

French law · Spanish Desk available

Office director

Xavier Ribaute, Avocat

1971

Origin of the firm

The founding area

Real estate:
the origin and essence
of the firm

Real estate law is the raison d’être of the Toulouse office. Founded in 1971 with this specialisation, the office has supported generations of owners, developers, investors and businesses in their real estate transactions in the Occitanie region and across France.

From the simplest transaction to the most complex development project, the Toulouse team provides rigorous advice under French law, with particular attention to Spanish-speaking clients operating in France through our Spanish Desk.

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“French real estate law is technical, precise and constantly evolving. Five decades of practice are not a credential, they are a guarantee that we know every detail that can make a difference in a transaction.”

Xavier Ribaute · Avocat · Toulouse · 2nd generation

Residential and commercial sale and purchase

Bail commercial and residential lease

Promotion immobilière and VEFA

Copropriété and horizontal division

Contentieux immobilier · Litigation

Spanish Desk · Spanish-speaking clients

Areas of expertise

French real estate law
from start to finish

We cover every legal aspect of the real estate transaction under French law, from the initial negotiation through to registration and dispute resolution.

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Property sale and purchase

Complete legal advice on the sale and purchase of residential and commercial property under French law, from the compromis de vente to the acte authentique.

Avant-contrat: compromis de vente and promesse unilatérale

Due diligence: title, charges, easements and planning

Négociation of conditional clauses (clauses suspensives)

Acte authentique before the notaire

Publicité foncière and registration

Tax optimisation of the transaction

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Bail commercial · Leases

Drafting, review and negotiation of commercial leases (bail commercial) and residential leases (bail d’habitation), protecting the landlord’s or tenant’s interests as appropriate.

Bail commercial (1953 statute) · Negotiation and drafting

Renouvellement du bail and indemnité d’éviction

Triennial rent review (révision triennale)

Cession du bail and sub-letting

Bail d’habitation · Law of 6 July 1989

Rent disputes and eviction

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Promotion immobilière · VEFA

Advice to developers and buyers on real estate development projects under French law: from the acquisition of land to the delivery of the units.

VEFA (Vente en l’état futur d’achèvement)

Contrat de promotion immobilière (CPI)

Contrats de construction de maison individuelle (CCMI)

Garantie de parfait achèvement and décennale

Permis de construire and planning compliance

Horizontal division and règlement de copropriété

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Copropriété · Horizontal division

Advice on the legal management of co-owned buildings (copropriétés) under the Law of 10 July 1965.

Drafting and amendment of the règlement de copropriété

General meetings: convening and validity of resolutions

Recovery of co-ownership charges

Works and liability of the syndic

Disputes between co-owners

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Contentieux immobilier · Litigation

Legal defence in every type of real estate dispute before the tribunaux judiciaires and the Cours d’appel of the region.

Vices cachés and garantie des vices cachés

Liability of the seller and the developer

Easements and neighbour disturbances

Action en rescision pour lésion

Nullity of sale and termination of contract

Garantie décennale: builder’s liability for 10 years

Planning law disputes

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Real estate investment · Structuring

Advice on the legal and tax structuring of real estate investments in France: investment vehicles, SCI, holdings and tax optimisation.

SCI (Société Civile Immobilière): incorporation and management

Tax optimisation of the acquisition (IS vs IR)

Real estate capital gains regime

Sale and leaseback

Investment by Spanish-speaking clients in France

Coordination with the Spanish and Andorran offices

The Toulouse market

Toulouse and Occitanie:
a dynamic market
with its own particularities

The real estate market of Toulouse and the Occitanie region has its own features that our office understands in depth: the demand for proximity to the Spain–France–Andorra axis, major urban development projects and the presence of an aerospace sector that generates specific residential and commercial demand.

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Aerospace sector

Toulouse is home to Airbus and a European leader in aeronautics. It generates specific and sustained residential and corporate real estate demand.

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University city

France’s third-largest university city, with more than 130,000 students. A rental investment market with strong structural demand.

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Spain–France axis

Strategic position on the Spain–France–Andorra axis. The gateway for Spanish-speaking investors into the French real estate market.

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Developing market

One of the most dynamic real estate markets in France, with active urban regeneration projects and residential expansion.

Spanish Desk · Spanish-speaking investors

Invest in France
with a team that
speaks your language

The French real estate market has legal and tax particularities that can be complex for investors from Spain or Andorra. Our Spanish Desk facilitates the entry of Spanish-speaking clients into the French market with the assurance of rigorous local advice.

We coordinate with the Barcelona, Madrid and Andorra offices for structures involving several jurisdictions, with a single point of contact for the entire transaction.

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Spanish Desk · Services

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Acquisition of property in France

Comprehensive support in Spanish: from the search to signing before the notaire.

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Tax optimisation of the acquisition

Coordination between French taxation and the Spanish or Andorran tax position of the buyer.

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Investment in development projects

VEFA and other off-plan acquisition contracts in France from the Spanish-speaking corridor.

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Multi-jurisdictional Jurisserv coordination

A single team for the transaction across France, Spain and Andorra. No friction between advisers.

FAQ

Frequently
asked questions

Free consultation with the Toulouse office.

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What are the differences between French and Spanish real estate transactions?

The main differences are: the role of the notaire in France (jointly appointed and with a more active role), the existence of the droit de préemption (municipal right of pre-emption), the avant-contrat with the SRU rule (10-day cooling-off period for the buyer) and the differences in the tax regime for capital gains. Local advice is recommended to avoid surprises in the transaction.

What is VEFA and what guarantees does it offer the buyer?

VEFA (Vente en l’état futur d’achèvement) is the off-plan sale under French law. The buyer acquires the property before construction and makes staggered payments as the works progress. French law offers very robust guarantees: garantie de l’achèvement (completion guaranteed by a financial institution), garantie décennale (structural defects for 10 years) and garantie de parfait achèvement (first year after delivery).

How is the French real estate capital gain taxed for a non-resident?

Non-residents in France for tax purposes are taxed on the real estate capital gain at a fixed rate of 19%, plus social charges (17.2% for EU/EEA residents or 7.5% in certain cases). Partial exemptions apply based on the length of ownership (abattements). Coordination with the applicable double-taxation treaty (France–Spain or France–Andorra) is essential to avoid double taxation.

Is it advisable to acquire property in France through an SCI?

It depends on the investor’s tax profile and objective. The SCI separates the real estate assets from the personal estate, facilitates transmission and can optimise taxation depending on the regime chosen (corporate tax or personal income tax). For Spanish-speaking investors, coordination between the SCI’s taxation and that of their country of residence is essential for the structure to be genuinely efficient.

Do you assist clients who do not speak French?

Yes. The Spanish Desk assists Spanish-speaking clients in Spanish throughout, when they wish to invest in or acquire property in France. All legal documentation is explained in Spanish, even though the notarial and registry documents are in French. For other languages, we coordinate with certified interpreters.

Contact · Toulouse