By Garen Ajderhanyan · 9 August 2026 · 9 min read
In brief
An American can buy in France without permission, without a visa and without residency: ownership is open. What differs is the machinery. No title insurance and no escrow, the notaire holds both roles. No buyer's agent, the agency is mandated by the seller. And three obligations follow from your passport alone: the IRS follows you everywhere, FinCEN Form 114 is triggered at ten thousand dollars across your French accounts, and FATCA makes some French banks reluctant to open one for you. None of it is insurmountable, provided you know it beforehand rather than after.
Yes, you can buy. No, it grants you no right to stay.
France places no nationality restriction on property purchase. An American national buys an apartment in Nice exactly as a French national would: same rights, same obligations, no prior authorisation, no minimum amount, no administrative approval to seek.
The confusion lies elsewhere, and it is persistent: buying grants no right of residence. There is no French golden visa attached to property. Owner or not, you remain subject to the Schengen rule of ninety days in any hundred and eighty, counted across the whole area, not France alone.
Staying longer requires a long-stay visa, most often the VLS-TS visiteur, which asks you to evidence resources and health insurance, and which permits no professional activity in France. Owning a home helps the file by providing proof of address. It does not replace it.
One calendar point: ETIAS, the European travel authorisation, is expected in the last quarter of 2026. It will not replace a visa, only add an online registration before short stays.
The notaire does the work of three American professions
This is where the comparison is most disorienting. In the United States a transaction involves an agent representing you, a title company checking the chain of ownership, title insurance covering you, and an escrow account holding the funds. In France a single public officer holds all of it.
The notaire verifies the origin of ownership, clears pre-emption rights, lifts mortgages, holds funds in a separate account, collects the taxes and registers the deed. He is appointed by the State and carries personal liability. That is why title insurance does not exist here: it would have nothing to insure.
The second surprise: no one represents you. The estate agency is mandated by the seller, including when it shows you round. Nothing prevents you from being well advised, but you need to know which side your contact stands on, and to ask.
So-called notaire's fees run to around seven or eight per cent on existing property. The term misleads: most of it goes to the State and local authorities in transfer duties, and the notaire's own fee is only a fraction.
The IRS does not let go because you crossed the Atlantic
The United States is one of only two countries in the world that taxes its nationals on worldwide income wherever they live. Buying in Nice does not take you out of the American tax system, and that is what sets your position apart from a British or Italian buyer's.
Three obligations follow. You keep filing with the IRS. If your French financial accounts exceed, in aggregate, ten thousand dollars at any point in the year, FinCEN Form 114, the FBAR, becomes compulsory: the threshold applies across all accounts, not to each, and to the highest balance reached, not the year-end one. Form 8938 may come on top depending on your amounts, and filing one does not exempt you from the other.
These filings do not themselves create tax. The tax treaty between France and the United States exists precisely to avoid double taxation. But omission is costly: FBAR penalties run into thousands of dollars per failure, including non-wilful ones.
One thing to know, without naivety: since the FATCA agreement of 14 November 2013, your French bank automatically transmits your data to the American tax authorities. Discretion is not an option. Compliance is.
The bank account, the obstacle nobody anticipates
This is the point that surprises most, and it is concrete. FATCA imposes heavy reporting obligations on French banks regarding their American clients. Several institutions concluded it was not worth the trouble and simply refuse to open an account for a US person.
Yet you need one: for the notaire's call for funds, for service charges, for the property tax, for standing payments. This is not a matter to settle the day before signing.
The practical advice fits in one line: open the account before making an offer, not after. Some banks and brokers work routinely with American clients, others never. The difference is not written on the window.
Borrowing follows the same logic. A mortgage in France as a non-resident is possible, on stricter terms: larger deposit, less favourable rate, heavier file. Many American buyers pay cash, often because the exchange rate favours them, sometimes simply to move fast.
What costs less than in the United States
A rarely anticipated good surprise: the annual cost of holding. The French taxe foncière bears no comparison with American property tax, which commonly reaches one to two per cent of value every year in several states. Over a decade the gap far exceeds the acquisition costs.
In return, co-ownership charges are real and deserve a close look: in a Belle Époque building on the Promenade they fund an old lift, a listed façade and often a caretaker. The minutes of the last general meeting say what has been voted and what is coming.
On value, two figures to place yourself, from the Maison Masséna study: the Nice median stands at 5,610 € per m² in the first half of 2026, the Promenade des Anglais at 7,920 €. A sea view adds around fourteen per cent on comparable properties.
The sequence, and where you need to be present
Once an offer is accepted, a compromis de vente is signed. It binds you, with two protections: a ten-day cooling-off period during which you may withdraw without reason or penalty, and suspensive conditions, including obtaining the loan if you borrow.
Between the compromis and the final deed, count two to three months. That time lets the notaire clear pre-emption rights and gather the documents. It feels long from the United States, where thirty to forty-five days often suffice.
You do not need to be in France to sign. A power of attorney before a notaire or a consulate is enough, and it is standard practice for foreign buyers. Our advice remains to come and see the property at least once: photographs convey neither the noise of a boulevard nor the light of a third floor at four in the afternoon.
Frequently asked questions
- Can an American buy property in France?
- Yes, with no nationality restriction, no prior authorisation and no minimum amount. An American buyer purchases on the same terms as a French resident.
- Does buying in France grant residency or a visa?
- No. There is no French golden visa attached to property. Owner or not, you remain subject to the ninety days in any hundred and eighty rule across the Schengen area. Beyond that you need a long-stay visa, most often the VLS-TS visiteur, which permits no professional activity.
- Do I have to report my French property to the IRS?
- You continue to report worldwide income to the United States. Directly held property is not reported as such, but French bank accounts are: from ten thousand dollars in aggregate at any point in the year, FinCEN Form 114 becomes compulsory. The France-US tax treaty avoids double taxation; it does not exempt you from filing.
- Why do French banks sometimes refuse American clients?
- Because of FATCA, which imposes heavy reporting obligations on French institutions regarding American clients. Some prefer to decline. It is therefore prudent to open an account before making an offer, and to approach people used to this clientele.
- Is there title insurance and escrow in France?
- Neither, and they would serve no purpose: the notaire verifies the origin of ownership, holds funds in a separate account, registers the deed and carries personal liability. He is appointed by the State.
- Do I need to be in France to sign?
- No. A power of attorney given before a notaire or a consulate allows signing remotely, and it is standard practice for foreign buyers. Coming to see the property at least once remains strongly advised.
- How does the cost of holding property in France compare with the United States?
- Markedly lower in annual tax: the French taxe foncière bears no comparison with American property tax, which commonly reaches one to two per cent of value every year in several states. Co-ownership charges, however, are real and deserve examination before buying.
References
Districts
The author
Garen AjderhanyanEditor of La Gazette de la Promenade
Editor of La Gazette de la Promenade. He writes on Riviera property and the art of living, from Nice.

