Documents for a Preliminary Sale Agreement

Signing a preliminary sale agreement (compromis de vente) is a decisive stage in any property project. This bilateral promise legally binds seller and buyer, and its validity rests on production of a complete and compliant documentary file. A missing or defective document can jeopardise completion of the transaction, lead to cancellation of the contract or expose the parties to financial penalties. This guide sets out all the documents required to put together a legally enforceable preliminary sale agreement file, distinguishing legal obligations from good professional practice.

Documents identifying the parties and the property

Identity documents and proof of capacity

The preliminary sale agreement requires precise identification of all the contracting parties. The seller must provide a valid identity document (national identity card, passport or residence permit). If the seller is married under a community property regime, the spouse's consent is required, evidenced by the spouse's signature of the preliminary agreement or a notarial authorisation deed.

For legal entities, the documents required include a Kbis extract (company registry extract) less than three months old, the updated articles of association, minutes of a general meeting or board meeting authorising the sale, and an identity document of the legal representative. These items make it possible to verify legal capacity and signing authority.

The buyer must also prove its identity and, where applicable, its borrowing capacity by a bank certificate of feasibility. Where there are several buyers, their respective capacities (joint ownership (indivision), SCI (French property holding company), cohabitation) must be specified and documented.

Precise description of the property

The description of the property is an essential element of the preliminary agreement. Article R261-13 of the French Construction and Housing Code requires that "a dimensioned plan of the premises sold and a notice indicating the items of equipment specific to those premises must be annexed to the sale contract" for new homes. This requirement extends by analogy to sales of existing property.

The floor area must be stated precisely. For co-ownership lots, the private floor area under the Carrez Act is compulsory, certified by a surveyor or a chartered land surveyor (géomètre-expert). Ancillary areas (cellar, parking space, balcony) are described separately. An error of more than 5% in the Carrez area gives entitlement to a proportionate reduction in the price.

The geographical position comprises the full address, the cadastral references (section, plot number, locality), the cadastral area and the nature of the property according to the land file. This information allows unique identification of the property and facilitates mortgage checks.

Proof of ownership and legal position

Title to the property and chain of title

The seller must establish its status as owner by producing its title of acquisition (notarial deed, notarial certificate of ownership, certificate of inheritance). Examination of the chain of title over at least thirty years makes it possible to verify that there is no defect in the transmission of the right of ownership.

Where the property belongs to several co-owners, the origin of title of each must be proved. In the case of joint ownership on a succession (indivision successorale), a certificate of inheritance or a notarial certificate of heirship (acte de notoriété) establishes the rights of each heir. For property acquired within the marital community, the consent of both spouses is essential.

The mortgage and lien statement, issued by the land registry (service de publicité foncière), lists all the registrations encumbering the building (mortgages, liens, easements (servitudes)). This document, valid for two months, protects the buyer against undisclosed third-party rights.

Position in a co-ownership

For co-ownership (copropriété) lots, the file must include the co-ownership rules (règlement de copropriété) and the schedule describing the division of the building, which define the private and common parts and the apportionment of charges. The co-ownership summary sheet, created by the ALUR Act, summarises the main characteristics of the building.

The minutes of the last three general meetings provide information on the management of the co-ownership, the works voted and any disputes. The statement of charges summarises the sums owed by the lot to the co-owners' association (syndicat), including calls for funds, works voted but not yet carried out and any debts.

The building's maintenance log, where there is one, records the history of the works and the multi-year programme. These items allow the buyer to anticipate future exceptional charges and to assess the quality of management of the co-ownership.

Mandatory property surveys

Complete technical diagnostic file

The preliminary sale agreement must be accompanied by a technical diagnostic file (DDT) comprising all the mandatory surveys according to the nature and age of the property. These surveys, carried out by a certified professional, inform the buyer about the condition of the property and the potential risks. The list of surveys, their period of validity and the consequences of an omission are detailed in our article on the mandatory surveys for a property sale.

The energy performance certificate (DPE), valid for ten years, assesses energy consumption and greenhouse gas emissions. Since 2021, this certificate has been enforceable and may justify renegotiation of the price or a request for works. Properties rated F or G (energy-inefficient properties) are subject to letting restrictions and renovation obligations.

The lead exposure risk assessment (CREP) concerns homes built before 1949. It is valid for one year where lead is present, and indefinitely where it is absent. The asbestos report covers buildings for which the building permit was issued before July 1997, with indefinite validity unless works alter the position.

Specific surveys and pest report

The termite report, valid for six months, concerns areas delimited by prefectoral order. The report on the interior electrical and gas installation, valid for three years, applies to installations more than fifteen years old. These surveys prevent the risk of accidents and allow works to make the installation safe to be negotiated.

The natural and technological risks and pollution statement (ERP), formerly ESRIS, provides information on natural, mining and technological risks and soil pollution. This statement, valid for six months, is accompanied by information on claims compensated under natural disaster insurance. It must be updated on each transfer.

For multi-occupancy buildings more than fifteen years old, the condition report on the private part of the property in a multi-occupancy residential building checks that there is no risk of lead exposure in the common parts. This recent survey completes the public health protection scheme.

Financial and tax information

The seller's tax documents

Production of the property tax notices (avis d'imposition foncière) for the last three years makes it possible to verify regular payment of property tax and to identify any surcharges linked to vacancy or to the furnished nature of the property. These documents also serve as the basis for calculating the apportionment of annual charges on final signature.

For rental properties, the property income returns establish the real profitability of the property and allow the investor-buyer to assess whether the purchase is worthwhile. The statement of rents and charges, certified by the landlord, completes this financial information.

The position regarding property capital gains tax must be clarified. The seller must state the date and price of acquisition, the works carried out and any exemptions that apply (main residence, holding period). This information determines the calculation of the taxable gain and the reporting obligations.

Co-ownership charges and advances

The detailed statement of co-ownership charges over twelve rolling months makes it possible to assess the cost of owning the property. This document distinguishes current charges (maintenance, heating, electricity) from advances for works and exceptional calls. The development of charges over three years reveals the quality of the property manager's (syndic's) management.

The invoices for recent major works (facade renovation, roof repair, upgrading to standards) justify the expenditure incurred and may give entitlement to tax credits or tax deductions for the buyer. The multi-year works programme, voted at a general meeting, anticipates future exceptional charges.

Where applicable, the statement of unpaid charges must be provided. The syndic may exercise a right of retention over the deed of sale as long as the sums due have not been settled, hence the importance of prior settlement or of a deposit with the notary.

Planning authorisations and compliance

Building permits and notices of works

The planning authorisation under which the property was built or substantially altered must be produced. The building permit, the prior declaration of works or the planning certificate provide information on whether the property complies with the planning rules applicable at the time it was carried out.

For old buildings predating the planning code, a certificate of non-objection from the authorities or a notarial certificate of acquisitive prescription may replace the missing building permit. The age of the building (more than ten years) gives rise to a presumption of its lawfulness, unless the authorities take action.

The declaration of completion and compliance of the works (DAACT) or the certificate of compliance attests that the works were carried out in accordance with the authorisation granted. The absence of this document may reveal non-compliance liable to lead to demolition or to compliance works at the buyer's expense.

Easements and planning restrictions

The easements (servitudes) affecting the property must be established precisely. Contractual easements (right of way, view, non-building) result from deeds between neighbouring owners. Statutory easements (alignment, setback, protection of historic monuments) are imposed by law or regulation.

The local urban plan (PLU) or the municipal map in force determines building rights and planning constraints. Protected areas (conservation area, listed site, perimeter of historic buildings) make works subject to special authorisations and may limit the possibilities for developing the property.

Reserved sites for public facilities, public utility easements and development projects (ZAC, major urban project) likely to affect the property's surroundings must be brought to the buyer's attention. This information is in the annexes to the PLU, which can be consulted at the town hall.

Insurance and guarantees

Current insurance policies

The seller's multi-risk home insurance must cover the property until final signature. The insurance certificate, updated annually, specifies the cover taken out (fire, water damage, theft, civil liability) and the amounts of cover. This policy may be transferred to the buyer or serve as a reference for its own cover.

For co-ownerships, the building insurance taken out by the syndic covers the common parts and collective liability. The annual certificate details the cover (fire, explosion, water damage, civil liability) and specifies the excesses. Recent claims must be declared and their impact on future premiums assessed.

Structural damage insurance (assurance dommages-ouvrage), compulsory for new buildings or those that have undergone works subject to the ten-year guarantee, facilitates compensation for defects without seeking to establish liability. This policy, which lasts ten years, passes to the buyer and adds to the value of the property.

Construction guarantees and ten-year guarantees

For recent buildings (less than ten years old), the statutory construction guarantees must be documented. The guarantee of perfect completion (one year) obliges the builder to remedy non-conformities noted on acceptance. The two-year guarantee covers the proper functioning of severable items of equipment.

The ten-year guarantee protects against defects that compromise the solidity of the structure or make it unfit for its purpose. The ten-year insurance certificates of the various parties involved (project manager, contractors) must be kept and handed over. Their absence may reveal undeclared work and compromise cover for claims.

The minutes of acceptance of the works, with or without reservations, mark the starting point of the guarantees. Reservations not lifted within the contractual period may justify a retention from the sale price or a requirement for corrective works before final signature.

Putting together and checking the file

Good professional practice

Putting together the preliminary agreement file requires a methodical approach, started in advance. Each document must be authentic, legible and in its most recent version. Copies certified as true copies by a notary or a lawyer guarantee their legal enforceability and facilitate the buyer's checks. Where the sale is concluded without an agency, putting together this file falls directly to the seller, a situation examined in our article on property sales between private individuals.

Chronological organisation of the file makes it easier to use: identity documents and proof of capacity, title to the property and legal position, technical surveys in order of age, financial and tax information, planning authorisations and compliance, insurance and guarantees. This structure avoids omissions and speeds up checks.

Digitalisation of the file, with qualified electronic signature, is becoming common practice, which secures exchanges and constitutes enforceable electronic evidence. Secure notarial platforms allow controlled sharing of documents between all those involved in the transaction.

Essential preliminary checks

Before signature, the completeness and consistency of the file must be checked. The validity dates of the surveys, the match between the areas advertised and certified, and the absence of an undisclosed opposition or mortgage are all points requiring vigilance. A checklist updated in line with regulatory developments secures this critical phase. The conditions of validity and the steps of the signing itself are dealt with separately in our guide to signing the preliminary sale agreement.

The involvement of a property law professional (notary, lawyer practising in this field) to validate the file before signature limits the risk of nullity or later cancellation. This preventive check represents a minimal investment in relation to the financial and legal stakes of a property transaction.

Keeping the file in digital and physical form, with a backup copy, protects against loss of documents and facilitates later steps (succession, resale, litigation). Secure archiving for at least thirty years respects the limitation periods applicable to property actions.

Frequently asked questions

Which documents are mandatory for a property preliminary sale agreement? The mandatory documents include the identity documents of the parties, the seller's title to the property, the mortgage statement, the complete technical diagnostic file (DPE, asbestos, lead, electricity, gas depending on the age of the property), the natural and technological risks and pollution statement, and, for co-ownerships, the co-ownership rules with the minutes of the last three general meetings.

Can a preliminary agreement be signed with a survey missing? No, the absence of a mandatory survey makes the preliminary agreement legally fragile and may lead to its cancellation or a reduction in the price. Article L271-4 of the French Construction and Housing Code provides specific penalties. It is preferable to postpone signature until all the required surveys have been obtained.

How long are property surveys valid? The periods of validity vary: DPE (10 years), asbestos report (unlimited unless works), lead CREP (1 year if lead is detected, unlimited otherwise), electrical and gas installation (3 years), termite pest report (6 months), natural and technological risks and pollution statement (6 months). These periods run until the final deed is signed.

Must the seller provide invoices for works carried out? Invoices for recent major works are not legally mandatory but are strongly recommended. They make it possible to justify the improvements made to the property, to assess their impact on value, and may give entitlement to tax advantages for the buyer. They are also a guarantee of the quality of the work.

How can I check that the property complies with planning authorisations? The check is made by comparing the original building permit, subsequent notices of works and the actual state of the property. The operational planning certificate, valid for 18 months, confirms current compliance. In case of doubt, a chartered land surveyor (géomètre-expert) can draw up a compliance report enforceable against the authorities.

What should I do if the statement of co-ownership charges reveals arrears? The seller's arrears must be settled before final signature or deposited with the notary. The syndic has a right of retention over the deed as long as the sums due have not been settled. The buyer may require an additional advance or a bank guarantee to cover exceptional charges voted but not yet called.

Can a preliminary sale agreement be cancelled for a defect in the documentary file? Yes, Article 1604 of the French Civil Code allows cancellation for a defect of consent if the buyer was misled by incomplete or erroneous documents. The absence of mandatory surveys, an erroneous Carrez area of more than 5%, or concealment of an easement may justify cancellation and damages. This action is time-barred after five years from discovery of the defect.

Putting together a complete and compliant preliminary sale agreement file is an unavoidable prerequisite for any secure property transaction. Beyond strict legal obligations, producing an exhaustive file shows the professionalism of the parties and facilitates the buyer's checks. In a constantly evolving regulatory context, particularly as regards energy performance and environmental protection, anticipating these documentary requirements determines the success of the sale. Before any signature, have the completeness of your file validated by a property law professional to avoid legal pitfalls and secure your transaction definitively.