Guide to Buying a Property Using Power of Attorney

In France, you can grant power of attorney (procuration) to a Notaire, allowing someone to act on your behalf in property transactions or legal matters if you are not physically present. You can also sign a power of attorney online using secure digital platforms overseen by the Notaire to ensure legal compliance. Your Notary can confirm whether this is possible through a remote Power of Attorney (POA).

Why Use a Power of Attorney in France?

A Power of Attorney could be the key to remotely securing your dream French property without leaving your home. They are particularly useful for investors buying new-build and off-plan properties, and were extremely useful during the pandemic.

Typically, most property buyers are not required to use a Power of Attorney. But recent events have shown that it is a valuable tool for non-residents looking to purchase property in France, thanks to the rapid development of new communication technologies.

The conclusion of an authentic notarial act (for example, a property sale or a donation) through an agent, who may be a relative or a notary clerk, requires the establishment of a Power of Attorney. Until November 2020, any power of attorney established before a notary had to be signed in the presence of the parties to the act, particularly the principal.

The notary can establish a power of attorney via an electronic system that ensures security and confidentiality when one or all parties cannot be present in person. This arrangement particularly facilitates the execution of authentic acts for French citizens or real estate buyers residing abroad.

You Will Need the Following

To sign a power of attorney online with your notary, you must have the following equipment and a quality internet connection:

• a recent computer with a webcam, microphone and speakers
• an up-to-date browser such as Google Chrome, Mozilla Firefox or Safari
• a high-speed Internet connection, the videoconference must be of high quality
• a personal email address to receive signature notifications sent by the notary
• access to the electronic mail application that manages your emails
• a mobile/cell phone to receive SMS/text messages
• a scanned colour copy or the original of a valid ID card or passport

How to Connect from Overseas

Your notary will recommend the video conferencing system. You will be required to use their preferred secure system, which was approved by the legal profession. Using public applications such as Zoom, WhatsApp, FaceTime, Skype, etc, is not permitted.

How Does It Work? What Are the Steps?

Practically speaking, the procedure unfolds in two distinct phases. Each phase ensures a smooth, efficient process from initial preparation to final execution. Let’s look at the details of each phase to provide a clear understanding of what to expect.

Filing Documents and Verifying ID

The documents and transaction elements are exchanged and made available through a secure digital platform.

To sign your power of attorney, you must have your identity verified remotely by a certifying officer and create a qualified electronic signature. Your notary will provide you with the procedure to follow. This process must always be completed before signing your power of attorney. It’s recommended to do this the day before the signing through a remote meeting with your notary to avoid any last-minute technical issues.

If you have met the chosen notary in person during the last ten years, and if the notary maintained a copy of your details, your mobile number and your personal e-mail address, all you need is a two-sided scanned copy in the colour of your identity document or its original, your mobile phone and your e-mail address.

Signing the Power of Attorney Remotely

Your notary will email an invitation to a videoconference session on the day of signing your power of attorney, and you will be asked to connect on this day using the Visio conference software provided by your notary.

A video feed will be established with your lawyer while the act is being read, so you can see, talk to and discuss it with your lawyer live. The notary will conduct all due diligence remotely, as it is their responsibility.

After reading the act, the notary will use your private email address and mobile phone number to send you a link with the document, which you must sign electronically. You will then confirm using the code sent to your mobile or cell phone via SMS. Your notary will then sign the authentic electronic power of attorney, allowing you to sign the legal documents.

Resources for Buyers and Investors

We recommend familiarising yourself with the various stages of buying a property in France. Take a look at our overview of the purchasing process, which consists of five simple steps. Next, learn about the compromis de vente (pre-contract), research opening a currency account for your deposit and future international transfers, mandatory house & contents insurance, calculate the notaires/legal costs and the acte authentique on completion day or if you can buy a property using crypto.

Are you looking to relocate, invest, or find a French countryside holiday cottage? Our team is committed to ensuring a smooth and stress-free process. Please register with us to receive property alerts, based on your search criteria, or contact us to begin your journey to owning a piece of beautiful France.