New-build or resale in France: notary fees, VEFA guarantees and the DPE rental ban

France · October 1, 2026

French notary fees are roughly 7 to 8% on an older home and 2 to 3% on a new one, but the energy rating can matter more than the fee. What to compare.

In France the question is less about price per square metre and more about what each route costs you at the notary, what protects you if something goes wrong, and whether the home can legally be rented in future. The three answers are very different for a new-build (neuf) and a resale (ancien).

Notary fees: the biggest visible gap

What the French call notary fees are mostly taxes. On an older property they run at roughly 7 to 8.5% of the price in 2026: the transfer duty (DMTO) is about 5.80% in most departments and up to about 6.40% in those that have used the option, introduced in 2025 and available until April 2028, to raise the departmental rate from 4.5% to 5%. On a new property sold off plan (VEFA) the transfer duty is replaced by a reduced property publicity tax of about 0.715%, bringing the total to roughly 2 to 3% of the price. On a EUR 400,000 purchase that is a difference of the order of EUR 15,000 to EUR 20,000 in favour of the new-build, before comparing the prices themselves.

Protection when you buy new on plan

A VEFA purchase comes with a statutory package:

  • a financial completion guarantee (GFA), issued by a bank or insurer, so the building is completed even if the developer fails
  • the guarantee of perfect completion, one year from handover, covering defects you reported
  • the biennial good-working guarantee, two years, covering removable equipment
  • the ten-year guarantee, covering defects that make the home unfit for use or affect its structure

Check the guarantee documents before signing the reservation contract, and check that payments follow the construction stages and are not demanded ahead of them. Delivery dates are usually indicative, so read what the contract says about delays.

The DPE energy rating and the rental ban

If you plan to let the home, the energy rating (DPE) is not optional reading. Under the Climate and Resilience law, homes rated G can no longer be newly let or renewed from 1 January 2025, class F follows from 1 January 2028 and class E from 1 January 2034. Since 2022, F and G homes are also subject to a rent freeze. From 1 January 2026 the electricity conversion coefficient in the DPE calculation changed from 2.3 to 1.9, which reportedly moved a large number of electrically heated homes to a better class without any work, so an old rating may no longer be accurate. New builds are designed to current energy regulation and start with a good rating, which is a real advantage for a rental plan. For a resale, ask for the DPE and budget for renovation if it is poor.

Resale: what to check

  • the DPE and the other mandatory diagnostics
  • the co-ownership documents: recent general-assembly minutes, voted or planned works, annual charges and the works fund
  • structural condition and any pending dispute with the building
  • the real renovation budget, since it often decides whether the cheaper resale is actually cheaper

How to choose

  • choose a new build if you want lower fees, statutory guarantees and a compliant energy rating for letting
  • choose a resale if the location or character matters more, you can absorb the notary costs and you will renovate
  • for a rental plan, rule out any resale whose DPE puts it at risk before comparing anything else
  • compare total cost over the first years, not just the headline price

FAQ

Why are notary fees so different? Because on an older property most of the fee is transfer duty, while on a VEFA purchase it is replaced by a reduced tax. What protects me if the developer fails? The financial completion guarantee. Can I let a G-rated flat? Not as a new letting or renewal since 1 January 2025. Does the 2026 DPE change affect me? It may improve an electrically heated home's rating, so ask for a current diagnostic. What do I check in a co-ownership? Recent assembly minutes, planned works and charges.

How we help

D.H. Realting can help you compare specific new-build and resale options in France and prepare the questions for the developer, agent and notary. This article is general information, not legal, tax or investment advice. Fees, energy rules and local rates change, so confirm every figure with a French notary or adviser before you commit.

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