What the seller of a house in France must leave or remove

There are rules in France over whether a seller must empty a property of furniture and other fixtures and fittings (and what must remain in place) when handing over the keys to a buyer.

There is no specific law stipulating that a property must be cleared of all items before it can be sold, states estate agency expert Orpi.

However, in practice, a buyer and seller will typically agree on this point before the transaction completes, to ensure that everyone is happy with the price agreed, and all parties understand exactly what in the property is and is not being sold.

Usually, if you are selling your property, you will take one of four routes:

• Agree a lower sale price with the buyer, in exchange for them clearing the property themselves

• Agree a higher price, if the buyer wants to buy everything in the house and any of the items are valuable

• Agree with the buyer that you will clear the property before the transaction is completed, meaning that you must empty the property of furniture and all moveable items before leaving

• Agree to exactly which items / fixtures will remain in the property, which likely means some things will be removed, and others can remain. For extra clarity, providing an extensive list and photos is recommended. Large or valuable items will be added to the property’s inventory with a separate price.

The notaire will distinguish between the price of the property itself, and the items being sold inside it, meaning that deciding a definite price of the furniture/separate fixtures will have a financial benefit. This is because the buyer will only pay notaire fees on the price of the property, and not on the furniture value etc. 

These separate items must be confirmed to exist, which is why having an ‘official’ inventory, agreed by both seller and buyer, is recommended.

I am selling: What do I need to leave? 

The law (Article 517 of the Code civil) defines property as “immovable either by its nature, by its intended use, or by the object to which it applies”, and also considers “sealed items that cannot be removed without causing damage” to be immovable.

It is probable that your contract will state that you must leave anything that cannot be removed without damage.

For example, this may apply to: 

• Custom-made furniture, such as a bookcase or walk-in wardrobe

• Fireplace mantels and inserts

• Garden plants in the soil

• A fixed swing or any other fixed garden item, such as a barbecue or awning

Anything that is fixed but can be taken away without damage can be removed, depending on your sales agreement. 

This includes (if removing them does not cause damage):

• Kitchen appliances

• Electrical appliances

• Electric radiators

• Light fixtures.

Anything that is not considered “immovable” can be taken. This includes most freestanding furniture, such as beds and wardrobes.

I am buying: What if the seller does not clear the property as agreed?

If the seller fails to clear a property after agreeing that it will be sold empty or cleared, or leaves items that they had agreed to take, there may be some expensive consequences.

Article 1604 of the Code civil states that failure to leave the property as described and agreed would constitute a breach of the obligation to “deliver goods in conformity with the contract”, which could give the purchaser the right to request the cancellation of the sale.

Consequences may include:

• Suspension of the sale: If there is a clause suspensive in the sale contract, the transaction may be suspended. This clause may be inserted into the contract in advance, in a bid to ensure that this does not happen and any disputes are resolved prior.

• Cancellation and damages: The law is clear that if the seller has agreed to leave a property in a certain state but does not, the buyer can take legal action to have the sale cancelled, or to claim damages for the losses incurred, such as the cost of renting and moving into (and out of) temporary accommodation. The seller may also be ordered by a judge to pay a daily penalty for each day that the property is not vacated.

• Funds in ‘escrow’ (mise sous séquestre): The purchaser may ask their notaire to block part of the funds for the property until the seller has vacated.

What about cleaning the house before I leave or enter it? 

There is no legal requirement to clean a house before you sell it, unless you have specifically agreed to do this as part of the sale contract with the buyer (and vice versa).

Cleaning the house is separate to legal requirements such as agreeing on fixtures and fittings, or any other documentation about the property (e.g. the Diagnostic de performance énergétique, or any significant defects, which should have already been reported to the notaire as part of the sales process).

However, if you are selling, you may wish to ensure that a ‘un nettoyage de fin de bail (end-of-tenancy)’ clean is done, to reduce the risk of disputes and confrontation with the buyer on their arrival.