France's real estate legislative regime is shifting. A series of regulatory changes taking effect across 2025 and 2026 is reshaping how foreign individuals and internationally structured entities can acquire, hold, and transfer property on French soil. For those who act late – or not at all – the consequences include blocked transactions, tax exposure, and title complications that can take years to unwind.
Real estate regulation changes in France now impose stricter due diligence obligations, updated land register disclosure requirements, and revised rules governing property transfer through foreign-held structures. The changes apply immediately to new acquisitions and are being enforced retrospectively for certain holding arrangements already in place. Foreign owners and buyers have a compliance window of several months before the most stringent penalties activate.
This alert sets out what has changed, which categories of owner and acquirer are directly affected, and the immediate steps required to protect legal position.
What has changed and when it takes effect
France has amended its real estate regulatory regime across three interconnected areas. Each carries its own effective date and compliance deadline.
First, the land register – the livre foncier (land register) maintained through the service de publicité foncière (French land registration authority) – now requires enhanced disclosure of beneficial ownership for any property held through a legal entity. A company, trust, or equivalent foreign structure that owns French real property must now submit verified information on the natural persons who ultimately control that entity. This obligation applies to structures already holding property, not only to new acquisitions. The deadline for existing holders to file compliant disclosure is within the first half of 2026.
Second, the conveyancing process for sales involving foreign buyers has been tightened. The notarial deed – the acte authentique (notarised public deed required for French property transfers) – must now include a certified chain of title tracing beneficial ownership through any intermediate holding structures. French notaries are legally required to refuse to authenticate a transfer where this chain cannot be fully documented. In practice, this means buyers using holding vehicles incorporated outside France must assemble substantially more documentation before any sale can proceed to completion.
Third, property transfer through reorganisation of a holding structure. for example, a merger, demerger. Alternatively, contribution of assets involving a SARL (société à responsabilité limitée. A French limited liability company) or SAS (société par actions simplifiée, a simplified joint-stock company) holding French real estate. now triggers a mandatory pre-transfer notification to the tax authority. Under French commercial legislation (Code de commerce), restructurings that previously proceeded without specific real estate notification now carry a 30-day prior notice requirement. Failure to notify can render the transfer voidable.
Additionally, France has strengthened the role of the huissier de justice (enforcement officer, recently redesignated as commissaire de justice) in enforcement actions tied to unpaid property-related taxes and charges. Foreign-domiciled owners who accumulate arrears now face faster enforcement timelines than under the prior rules.
Who is affected and which thresholds apply
The changes affect a wide range of foreign participants in the French property market. The principal categories are set out below.
Foreign individuals holding property directly. Non-resident natural persons who own French real estate in their own name are affected primarily by the beneficial ownership disclosure rules and by the tightened conveyancing obligations if they intend to sell. There is no minimum value threshold for the disclosure obligation.
Foreign companies and holding structures. Any entity incorporated outside France that holds French real property. whether through direct ownership or via a French intermediate vehicle such as a SARL or SAS. must comply with both the beneficial ownership filing and the pre-transfer notification requirement. The obligation applies regardless of the number of properties held or the value of the portfolio.
Trusts and fiduciary arrangements. France does not recognise common law trusts as domestic legal forms. However, French property held through a foreign trust must now be reported under the beneficial ownership regime. The trustee, settlor, and any identified beneficiary may each be treated as a disclosable person. Failure to report exposes the trust arrangement to challenge under French civil procedure.
Real estate investment vehicles. Collective investment structures, including foreign funds that own French real estate assets, must verify that their French portfolio entities have filed compliant disclosures. The Cour de cassation (France's highest civil court) has consistently interpreted beneficial ownership rules broadly, extending their reach to layered structures where no single individual appears as a direct owner.
The compliance deadline for new acquisitions is immediate – no transition period applies to purchases completed after the effective date. For existing owners, the retrospective disclosure window closes in mid-2026. Missing this window activates financial penalties and can affect the marketability of the asset.
For a full assessment of how real estate legal services in France apply to your specific holding structure, contact us at info@ferrazwhitmore.com.
Immediate actions for foreign owners and investors
International property owners and buyers operating in France should take the following steps without delay.
1. Audit your ownership structure. Map every legal entity – French and foreign – that sits between the ultimate beneficial owner and the French property. Identify every natural person who meets the control or ownership thresholds under the beneficial ownership rules. This audit forms the foundation of every subsequent compliance step.
2. Prepare and file beneficial ownership disclosures. If your French property is held through any legal entity, submit the required beneficial ownership information to the service de publicité foncière before the mid-2026 deadline. Incomplete or inaccurate filings carry the same consequences as non-filing. A notarial deed or legal certification may be required to authenticate the information.
3. Review any planned transfers or restructurings. If a sale, contribution of assets, or corporate reorganisation involving French real estate is planned, verify whether the 30-day pre-transfer notification requirement applies under French commercial legislation. Initiating the notification period early prevents delays from blocking a time-sensitive transaction.
4. Assess tax exposure under the revised regime. Structural changes to beneficial ownership reporting interact directly with French property wealth tax and transfer tax obligations. The tax law implications for French real estate should be reviewed alongside the regulatory compliance steps, not as a separate exercise.
5. Engage a French notary and local legal counsel early. The conveyancing changes mean that notaries can no longer proceed with authentications that lack the required documentation chain. Engaging counsel before documents are assembled – rather than at the point of signing – avoids failed closings and renegotiation costs.
Foreign investors managing multi-jurisdictional property portfolios may also wish to review comparable regulatory developments in Portugal, where parallel beneficial ownership and disclosure changes have introduced similar compliance obligations.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our real estate practice supports foreign individuals, investment funds, and internationally structured entities in acquiring, holding, restructuring, and disposing of French property in compliance with French civil law and EU regulatory requirements. As a law firm in France and across Europe. We combine Portuguese civil law expertise with English common law tradition. giving clients a single point of contact for cross-border real estate matters that span multiple legal systems. Our attorneys have advised on real estate transactions and beneficial ownership compliance matters under both civil law and common law structures. Additionally. Our Lisbon base provides direct access to EU regulatory regimes that increasingly govern French property ownership. Engaging a lawyer in France with cross-border experience is particularly important where holding structures cross jurisdictions. To discuss how the 2025 and 2026 regulatory changes affect your French property interests, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.