Documents to provide when signing a preliminary sales agreement: complete guide

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To be legally valid and protect all parties, the preliminary sales agreement must be accompanied by a set of specific documents. Whether you are the buyer or the seller, and whatever the type of property, here is all the useful information to help you prepare your file.

1. Documents to be provided by the seller when signing a preliminary sales agreement

Title deed

The seller must provide the title deed of the property, proving they are the legal owner.

Example: If you inherited the property, in addition to the title deed, the deed of succession (or property certificate) must be provided to prove your right to sell.

Mandatory property diagnostics

Diagnostics are used to assess the condition of the property and protect the buyer against hidden defects. Here are the main required diagnostics:

• Energy performance certificate (EPC): Mandatory for all properties, valid for 10 years.
• Asbestos report: For properties built before July 1997.
• Lead report (CREP): For dwellings built before 1949.
• Termite report: If the property is in a risk zone (valid for 6 months).
• Condition of gas and electrical installations: If installations are over 15 years old (valid for 3 years).
• Risk and pollution status (ERP): Mandatory in risk zones. (formerly ERNMT). Valid for 6 months.
• Noise exposure report: For properties located in an airport noise exposure plan area.

Tip: Schedule these diagnostics as soon as you decide to sell, as some are only valid for 6 months.

Building permits and urban planning authorizations

Provide the necessary permits if any works or extensions have been carried out.

Example: If you added a veranda, include the building permit and declaration of completion of works.

2. Specific documents depending on the type of property

Detached house

Mention any easements (e.g., right of way) and provide a sanitation inspection report if the house is not connected to the mains sewer. Also declare any outbuildings (pools, sheds, garages), along with their building permits.

Property in co-ownership

Add the following elements:

• Carrez law surface area
• Co-ownership charges
• Minutes of general meetings
• Maintenance logbook
• Pre-dated statement (financial situation of the unit)

Tip: Anticipate by contacting the property management company early.

Rented property

Provide:

• The current rental lease
• The latest rent receipts
• If applicable, the inventory of furniture (for furnished rentals)

Inform the buyer of the tenant's right of first refusal.

Building plot

Provide:

• A town planning certificate
• A G1 soil study (often required in risk or buildable zones)

Example: For a plot in a flood zone, the soil study is essential to inform the buyer.

3. Documents to be provided by the buyer

Proof of identity

A valid identity card or passport is required.

Family situation

A family record book, marriage contract, or divorce decree serves as proof of status.

Proof of address

A recent utility bill or a rent receipt is sufficient.

Property financing

If the purchase is financed by a loan:

• Provide a bank loan certificate (amount, rate, term)
• If other financing (gift, inheritance, family loan), provide the relevant supporting documents

Example: In the case of a mortgage, attach the bank’s agreement in principle.

Tip: If using a bridging loan, allow for a longer signing period.

4. FAQ – frequently asked questions about the preliminary sales agreement

What if a diagnostic is missing?

The buyer can request a delay to obtain it or cancel the sale in some cases.

What is the withdrawal period?

The buyer has 10 full days after signing to withdraw without justification.

Do I need to mention the surface area of a detached house?

No, the Carrez law only applies to co-owned properties, but it's advisable to indicate the surface as information.

What are the risks in case of missing obligations?

Failing to provide required documents can result in:

• Financial penalties
• Cancellation of the sale
• Damages in case of harm

Are you planning to buy or sell on the French Riviera? Our family-run agency Winter has been supporting clients since 1958! The consultants at our real estate agency in Nice are here to help. Feel free to contact us via the contact form or by phone at 04 93 44 42 47.