Buying or selling property with a foreign national: which documents need translating?
By Keran Chaussard, administrator of the Directory of Sworn Translators of France — updated on
When a foreign buyer or seller is involved in a property sale in France, the notary asks for documents establishing their identity, civil status, legal capacity and matrimonial property regime: birth certificate, marriage certificate, marriage contract, divorce judgment, certificate of custom, and a power of attorney if they are not coming to sign. Foreign-language documents are translated by a court-appointed expert translator, and apostilled or legalised depending on the country. The deed of sale itself is always drawn up in French.
In the other direction, a French national buying abroad often has to provide French documents that are translated and apostilled (birth certificate, marriage certificate, power of attorney, proof of financing). What delays sales most is the power of attorney: it must be signed, legalised, translated and apostilled in the right order before the signing date.
Foreign buyer or seller in France: the documents requested
| Document | Why the notary asks for it | Formalities if it is foreign |
|---|---|---|
| Passport or identity document | Identity and nationality | Usually no translation for a passport with bilingual entries |
| Birth certificate | Civil status, parentage | Translation, apostille or legalisation depending on the country |
| Marriage certificate, marriage contract | Matrimonial property regime, power to dispose of the property | Translation, apostille or legalisation |
| Divorce judgment, spouse’s death certificate | Capacity to sell or buy alone | Translation, proof that the judgment is final |
| Certificate of custom | Content of the foreign law (matrimonial regime, capacity) | Translation if not in French |
| Power of attorney | Representation of an absent party | Required form, translation, certification of the expert’s signature |
| Articles of association, registration extract, powers | Foreign company as buyer | Translation, apostille or legalisation |
The matrimonial property regime is the document to anticipate: a spouse married abroad without a contract is subject to a foreign default regime that the notary must identify. Depending on the country, the property bought may be jointly or separately owned, and the spouse’s signature may be required.
The deed of sale is drawn up in French
A French notarial deed is drawn up in French. If a party does not understand French, the notary must make sure they understand what they are signing: they generally call on an interpreter, and a translation of the draft deed may be given to the party for information. This translation does not replace the deed: only the French version is signed and is authoritative.
Ask the notary for the draft deed early enough to have it translated before signing, in particular the conditions precedent, the price, the easements and the charges.
The power of attorney: what delays sales most
A buyer or seller living abroad often signs a power of attorney rather than travelling. Two situations:
- power of attorney signed abroad in the local language: apostille or legalisation in that country, translation by a court-appointed expert in France, certification of the expert’s signature
- power of attorney prepared in French by the French notary: the principal signs it before a local authority or a consulate, then the country’s formalities apply; if the local authority requires a version in its language, a translation is added
Check the required form with the notary: some transactions require a notarial power of attorney. Allow several weeks between preparing the power of attorney and its return to the notary’s office.
A French national buying abroad
Each country has its own rules, but the requests are similar:
- Spain: foreign national identification number (NIE), purchase deed signed before a Spanish notary; French civil status documents and power of attorney (poder) translated and apostilled if the buyer does not sign in person.
- Portugal: tax number (NIF), deed signed before a notary or through a simplified procedure; the same translation and apostille needs for the power of attorney and civil status documents.
- Non-EU countries: legalisation or apostille depending on the country, then translation, sometimes by a locally approved translator.
Between EU countries, civil status documents are exempt from the apostille under Regulation (EU) 2016/1191, but powers of attorney and notarial deeds are not. A power of attorney signed in France for use abroad follows this order: signature and certification, translation, certification of the translator’s signature, then apostille of the whole set.
Financing: supporting documents to translate
For a mortgage, the bank may ask for translated foreign financial documents: payslips, tax notices, bank statements, employment contract, employer’s certificate. If amounts are converted into euros, the translation states the exchange rate applied.
Common mistakes
- Discovering the foreign matrimonial regime the day before signing.
- Sending a power of attorney that has not been legalised or translated: the signing is postponed.
- Translating before the apostille: the apostille will then need translating separately.
- Providing civil status documents that are too old or lack recent annotations (marriage, divorce).
- Signing a deed you do not understand because you did not ask for a translation of the draft.
Finding a translator for a property sale
The Directory of Sworn Translators of France lets you search for a court-appointed expert translator by language, département, region and court of appeal. For a fixed signing date, an urgent power of attorney or several civil status documents, the express file submission service lets you entrust the request to the Directory, stating the signing date at the notary’s office.
Frequently asked questions
- Can a foreign national buy property in France?
- Yes. The notary asks for documents establishing their identity, civil status and matrimonial regime; those in a foreign language must be translated by a court-appointed expert.
- Can the deed of sale be drawn up in another language?
- No: the notarial deed is drawn up in French. A translation may be provided for information, with the help of an interpreter if necessary.
- How do I give a power of attorney for a sale in France when I live abroad?
- The notary prepares the template; the signature is authenticated locally, then the power of attorney is apostilled or legalised and, if it is not in French, translated by a court-appointed expert.
- Do I need to translate my birth certificate to buy in Spain?
- If the Spanish notary requires it, yes. Between EU countries, the birth certificate is exempt from the apostille, and the multilingual extract may avoid translation.
- Why is the matrimonial regime so important?
- It determines who owns the property and who must sign. For a marriage celebrated abroad, it is often governed by a foreign law that the notary must establish.
Sources
- Report of the 115th Congress of French Notaries (2019), language of the notarial deed (in French)
- Report of the 115th Congress of French Notaries, the notary’s duty to advise in the presence of an interpreter (in French)
- Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
- Regulation (EU) 2016/1191 of 6 July 2016 on the circulation of certain public documents
- Law No. 71-498 of 29 June 1971 and Decree No. 2004-1463 of 23 December 2004 on court-appointed experts
