Property Seller: Real Estate Laws to Know in France in 2026

Are you preparing to sell your property and wondering which rules actually apply in 2026? Between the DPE reform, the mandatory energy audit, higher notary fees, and ongoing debates about energy-inefficient properties, the legal framework has changed significantly in recent months — and it can be difficult to keep track of it all.

This article reviews, step by step, the real estate laws that every property seller should know in 2026: diagnostics, disclosure obligations, capital gains taxation, buyer rights, and rules specific to rented properties or co-owned properties. Data updated as of June 2026.

To gain a clearer understanding of your situation, complete a free online property valuation in just a few clicks with Optimhome.

Summary

Here are the key points to remember before putting your property on the market:

Need personalized advice? An Optimhome real estate advisor understands the regulations applicable in your area and can secure every stage of your sale.

Selling Property in France in 2026: A Rapidly Evolving Legal Framework

French real estate sales law has become considerably more complex since 2021, largely due to the French Climate and Resilience Act of August 22, 2021.

For a property seller, the challenge is no longer simply setting the right price: sellers must now comply with enhanced disclosure obligations, evolving tax rules, and stronger protections for buyers.

The good news is that none of these reforms has restricted the fundamental right to sell. Selling a property rated F or G under the Energy Performance Certificate (DPE) remains completely legal in 2026 throughout mainland France and the overseas territories.

The new rules primarily concern transparency obligations toward the purchaser, while rental activity follows a separate and much stricter regulatory timetable.

Key Takeaways

The DPE in France in 2026: Reform, Validity, and Legal Enforceability

The Energy Performance Certificate (DPE) remains the cornerstone of every property sale.

It classifies properties from A to G and must appear in both the listing and the deed of sale.

Prepared by a certified diagnostic professional, it remains valid for 10 years and, importantly, has been legally enforceable since July 1, 2021. If the information contained in the DPE proves inaccurate, the purchaser may take action against either the seller or the diagnostic professional.

Two major developments characterize 2026.

First, a new calculation method came into force on January 1. The electricity conversion coefficient was lowered, allowing approximately 850,000 electrically heated homes to move out of categories F and G without any renovation work.

Second, this recalculation can be obtained free of charge. No new inspection is required; sellers simply need to enter their ADEME reference number on the ADEME DPE-Audit Observatory website.

Why You Should Check Your Energy Rating Before Selling

This reform is far from insignificant.

A property moving from category F to E escapes certain obligations, while a property leaving categories E, F, and G entirely may no longer require an energy audit.

Before beginning any sales process, sellers should therefore update their DPE to avoid ordering an unnecessary audit—or, conversely, selling without a document that has become mandatory.

Mandatory Collective DPE for French Co-Ownership Buildings

Another important change took effect on January 1, 2026.

The obligation to conduct a collective DPE now extends to co-ownership buildings containing fewer than 50 units.

However, this responsibility lies with the property manager (syndic) for the building as a whole and not with individual co-owners.

Do not confuse this collective obligation with the DPE for your own apartment, which remains mandatory when selling.

Mandatory Energy Audits in France: Who Is Affected in 2026?

For certain transactions, the DPE alone is no longer sufficient.

The regulatory energy audit, provided for under Article L.126-28-1 of the French Construction and Housing Code, goes much further.

It serves as a genuine renovation roadmap, including at least two costed scenarios for improving the property's energy performance.

In France in 2026, an energy audit is mandatory when selling a property rated E, F, or G under the DPE, according to a phased schedule:

The timetable is different in overseas territories.

An important point, often overlooked, is that the audit only applies to detached houses and entire buildings owned by a single owner.

If you are selling an apartment within a co-ownership property, the audit is not required regardless of its energy rating. Only the DPE remains mandatory.

How Much Does an Energy Audit Cost and When Should You Plan It?

The cost generally ranges between €500 and €1,500 depending on the property's size and location.

The document remains valid for 5 years.

Since completion may take several weeks, sellers of eligible houses should order it well in advance to avoid delaying the preliminary sales agreement.

An additional advantage is that the audit can later serve as a basis for obtaining financial assistance such as MaPrimeRénov' when carrying out major renovation work.

Key Takeaways

Can You Sell an Energy-Inefficient Property in France? Selling and Renting Follow Different Rules

This remains one of the most common misunderstandings.

Many owners believe that energy-inefficient properties have become impossible to sell.

This is false.

Selling an energy-inefficient property remains completely legal, and a notary cannot refuse to complete a sale because of a poor energy rating.

What is regulated is rental activity.

The timetable introduced by the Climate and Resilience Act prohibits the rental of:

These dates apply in mainland France, with different deadlines in overseas territories.

Additionally, rents for F- and G-rated properties have been frozen since August 2022.

This context explains a growing trend: many landlords now prefer selling rather than carrying out expensive energy renovations.

Where a property is rented, the lease is automatically transferred to the purchaser.

A French Rental Reform to Watch

The situation remains subject to change.

In spring 2026, a bill was introduced proposing to allow the rental of F- and G-rated properties again, provided the owner commits to renovation work over several years.

This proposal has not yet been adopted.

Until it is enacted, the current rules remain fully applicable.

If you are uncertain whether to sell or renovate, this is exactly the type of decision that an Optimhome advisor can help you evaluate.

Mandatory Diagnostics and Documents Required to Sell Property in France

Beyond the DPE and energy audit, the sale requires a complete Technical Diagnostic File (DDT), attached both to the preliminary agreement and the final deed.

The required documents depend on the property's age, location, and technical characteristics, but most commonly include:

For apartments, the Loi Carrez certificate measuring the private floor area must also be provided.

An error greater than 5% may entitle the purchaser to a price reduction, making an accurate measurement essential from the outset.

Mistake to Avoid

Never publish a property listing without valid diagnostics.

An incomplete file may result in penalties and significantly weaken your position in the event of a dispute.

Selling a Co-Owned Property in France: Enhanced Disclosure Obligations

The sale of a co-ownership lot comes with specific obligations, particularly under the French ALUR Law.

From the preliminary agreement stage, you must provide the purchaser with a series of documents:

The notary or the property manager also prepares a preliminary dated statement and then a dated statement, summarizing the seller's financial position toward the co-ownership.

Informing the buyer of voted works and any ongoing legal proceedings is part of your duty of loyalty. It is also the best protection against future disputes.

Notary Fees and Transfer Duties in France: What Has Changed

Notary fees — largely made up of transfer duties for consideration (DMTO) — have increased significantly.

The 2025 Finance Act authorized French departments to raise their rate from 4.5% to 5% of the sale price for deeds signed between April 1, 2025 and March 31, 2028.

The vast majority of departments have voted in favor of this increase.

In practical terms, for existing properties, expect around 7% to 8% of the sale price, compared with only 2% to 3% for new-build properties (VEFA), where transfer duties are replaced by a reduced tax.

Note: first-time buyers purchasing their primary residence are exempt from this 0.5-point increase.

As a seller, these costs are not paid by you — they are borne by the buyer — but they weigh on the buyer's overall budget and therefore indirectly affect their ability to negotiate.

Taking them into account helps you better anticipate seller net proceeds and transaction fluidity.

Real Estate Capital Gains Tax in France: What the Law Says in 2026

This is often the most sensitive issue.

The basic rule remains favorable: the sale of your primary residence is fully exempt from capital gains tax, regardless of how long you have owned it.

For other properties, such as second homes or rental investments, capital gains are generally taxable through both income tax and social contributions, after applying a holding-period allowance.

The longer you hold the property, the lower the tax burden, until full exemption is reached under the applicable schedule.

Specific allowances and exemptions may also apply, such as:

Key point: capital gains taxation has been subject to successive reforms in 2025–2026, including changes to social contributions and debates about exemption periods.

The precise parameters may therefore change from one Finance Act to another.

Warning

The exact calculation of your capital gain is carried out by the notary.

Because tax rules change and depend on your personal situation, ask your notary for a detailed numerical simulation before committing.

This article does not constitute personalized tax advice.

The Deed of Sale in France: Buyer Rights and Regulated Steps

Once the offer has been accepted, the sale follows a structured legal process.

Signing the preliminary sales agreement or promise to sell opens a 10-day withdrawal period for the non-professional purchaser, during which they may withdraw without justification or penalty.

The preliminary agreement includes conditions precedent, the most important of which is mortgage approval.

The wording of these clauses deserves careful attention because it determines when the sale may be cancelled.

The deposit paid by the buyer is generally held in escrow by the notary.

The final deed is then signed, usually within 2 to 3 months, the time required to clear pre-emption rights and release funds.

Special Cases in France: Selling a Rented Property, Co-Owned Property, or Specific Asset

Some situations require additional rules.

Selling a Rented Property in France

The existing lease is transferred to the purchaser, who becomes the new landlord.

If you sell the property occupied, the tenant remains in place and does not have a right of first refusal.

However, if you give notice to sell at the end of the lease in order to sell the property vacant, the tenant benefits from a right of first refusal and strict statutory deadlines must be respected under the French Law of July 6, 1989.

Selling Property Held in Joint Ownership

In principle, the agreement of all co-owners is required.

Exceptions exist through legal mechanisms designed to resolve deadlock situations.

Specific French Property Types

Off-plan sales (VEFA), life annuity sales, luxury properties, and commercial premises each follow their own rules regarding guarantees, valuation, and exit taxation.

These cases justify targeted professional support.

Key Takeaways

Common Mistakes Property Sellers Should Avoid in France

Several pitfalls occur frequently and can be costly:

Before making any costly commitment, particularly renovation work, seek professional advice to verify whether the work is genuinely profitable in light of your sale project.

When and Why to Work with an Optimhome Advisor in France

You can absolutely sell on your own.

However, as soon as your situation becomes more complex — energy-inefficient property, rented property, co-ownership with voted works, capital gains taxation, uncertainty about your DPE rating — professional support becomes a genuine safety net.

An Optimhome real estate advisor understands the locally applicable rules, helps you gather a compliant file, set a coherent price, and secure every stage up to signing.

They coordinate diagnostics, qualify buyers, supervise negotiations, and liaise with the notary.

The first step is simple and without obligation: assess your property's value.

Complete your free online property valuation in just a few clicks, then speak with an Optimhome advisor in your area to adapt your sales strategy to the 2026 legal framework.

FAQ

Can You Sell an Energy-Inefficient Property (DPE F or G) in France in 2026?

Yes. No law currently in force in France prohibits the sale of a property rated F or G under the DPE.

Only the rental of energy-inefficient properties is governed by a phased prohibition schedule.

However, you must provide a valid DPE and, for a single-owner house, an energy audit.

Is an Energy Audit Mandatory to Sell My Apartment in France?

No, if your apartment is located in a co-ownership building.

Only the DPE is required, regardless of the rating.

The regulatory energy audit applies only to detached houses and entire buildings under single ownership rated E, F, or G.

What Diagnostics Must I Provide to the Buyer in 2026?

Depending on the case, the Technical Diagnostic File includes:

These must be carried out by a certified diagnostic professional.

Have Notary Fees Increased for My Sale?

Transfer duties have been raised to 5% in most French departments until 2028.

These fees are paid by the buyer, but they increase the buyer's overall budget and may affect price negotiations.

First-time buyers purchasing a primary residence are exempt from this increase.

Will I Pay Capital Gains Tax When Selling My Property?

If you sell your primary residence, the capital gain is fully exempt.

For any other property, capital gains are taxable, with an allowance based on the length of ownership and several possible exemptions.

Because tax rules change regularly, ask your notary for a simulation tailored to your situation.

Author :

​Fabrice DOBRO​WOLSKI - Optimhome Network Development Director

Optimhome offers you personalized support for your real estate project. Benefit from all my advice, based on several years of experience, to ensure the success of your project.