Promise to sell isolated building land

Verified 24 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)

You are considering buying or selling building land (excluding subdivisions). You're going to sign a promise to sell. It is a contract that prepares the final act of sale. It takes the form of a unilateral promise of sale if it is signed only by the seller or a sales compromise if it is signed by the seller and the buyer. We take stock of the content, form and signature of these 2 documents.

One-sided promise of sale

The unilateral promise of sale is signed only by seller. She hired him to sell his land to a specific purchaser, to a price fixed in the promise.

During the term of the promise, the seller cannot leave his property on the market or sell it to another person.

L'buyer has a purchase option within a period defined by the two parties. It gives him the right to buy the property without requiring him to do so.

The promise of sale includes the following information:

  • Consistency of the ground, constructible floor area
  • Existence or non-existence of bounding of the land
  • Sales price
  • Method of financing
  • Suspensive conditions for loans if you take out a mortgage
  • Mortgages and easements that weigh on the ground
  • Condition suspending the award of a building permit, absence of third-party remedy
  • Option Release Time (Buyer's purchase decision by mail) RAR: titleContent or before the notary in charge of the sale)
  • Time limit for fulfillment of each suspensive condition contained in the promise
  • Any time allowed after the option is lifted to sign theauthentic bill of sale
  • Amount of the land's capital cost allowance (in return for the seller's commitment to sell exclusively to the buyer).

The following documents shall be annexed to the promise to sell:

If the seller knows information which is of decisive importance for the consent or agreement of the prospective buyer, he must inform him of this in the compromise.

The promise of sale takes the form of a privately signed document or a authentic instrument signed before a notary.

The promise can be signed in paper or electronic form.

Please note

When the period of validity of a promise to sell signed by a natural person more than 18 months, it is compulsory to sign an authentic instrument.

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Paper medium

It is made in 2 original copies (1 for the seller, 1 for the buyer), unless a unique original is kept by a professional (notary, real estate agent).

Electronic medium

The procedure for signing and keeping the document must enable each party to have a copy of the promise or to have access to it.

To be valid, the unilateral promise of sale under private signature must be registered at the tax office by the seller or buyer.

Who shall I contact

The process is done within 10 working days from the date of acceptance of the promise by the buyer (in principle the day of its signature).

Check-in costs €125.

One fixed asset allowance land may be requested from the buyer. It is paid in return for the seller's commitment to sell his land exclusively to the buyer.

The allowance is paid on the day the promise to sell is signed. It is freely fixed by the parties. In principle, it represents 5% to 10% the selling price.

It is recommended to pay it to the notary who takes care of the sale. It is recorded in a blocked account. The funds are unavailable until the conclusion of the contract of sale.

If the suspensive conditions as provided for in the promise do not come true, the compensation shall be paid. The buyer must provide proof that he has done the corresponding steps (request for a loan from the bank, request for city planning in town hall...).

If the beneficiary of the promise renounces to buy or if he does not indicate his acceptance within the period for the exercise of the option, the compensation shall be retained by the owner.

When the sale comes true, the amount paid shall be deducted from the selling price to be paid.

Please note

Capital cost allowance is mandatory when the promise to sell is signed by a natural person has a duration of more than 18 months.

The buyer of a building site does not benefit pitch the right of withdrawal.

Likewise, the salesman cannot plus change your mind after accepting thepurchase offer.

Timelines vary depending on the geographical location of the land:

General case

In principle, the promise provides for and fixes the following deadlines:

  • Typical 3-month period to lift the option (buyer's decision to purchase the property)
  • Time limit for completion of all or each of the suspensive clauses (e.g. 2 months for a building permit)
  • Deadline for signing the authentic bill of sale after the option is lifted.

The promise may provide for a extension automatic in case of insufficient initial time, for a delay due to difficulties in obtaining certain documents.

Before the end of the period set out in the promise, the two parties may also decide to extend it. To do this, they write a agreeable the contract in which they specify the purpose of that extension.

The date of signature of the bill of sale is thus shifted.

In Alsace-Moselle

In principle, the promise provides for and fixes the following deadlines:

  • Typical 3-month period to lift the option (buyer's decision to purchase the property)
  • Time limit for completion of all or each of the suspensive clauses (e.g. 2 months for a building permit)
  • Deadline for signing the authentic bill of sale after the option is lifted.

In the departments of Haut-Rhin, Bas-Rhin and Moselle, the promise to sell must be followed by an authentic bill of sale within 6 months. The parties may not agree to a longer period.

Sales Compromise

A sales compromise is a pre-contract in which a seller and a prospective buyer commit each other to sell and acquire a good at a certain price.

The compromise defines the terms of the sale. They cannot be modified without the agreement of the two parties.

To facilitate the drafting of the sales compromise, the seller and the buyer must prepare certain documents.

By the seller

Depending on the situation, the seller must present the following documents:

  • Identity document, possible marriage contract or CIVIL PARTNERSHIP agreement
  • Copy of his title
  • Documents in his possession relating to co-ownership
  • Subdivision Specification
  • Copy of the Statutes of theowner's association, if such documents are in its possession 
  • Copies of any lease agreements or documents justifying the departure of former tenants (tenant's leave, lessor's leave)
  • Building permits, authorization of works and the certificate of conformity issued to it
  • Font ofdamage insurance valid 
  • Proof of the condition of the building in the light of thesanitization (inspection, maintenance contract, connection invoice, etc.).

If it is a legal person, it must provide aKbis extract , a copy of the articles of association of the company and the birth certificate of the representative of the business.

By the buyer

Depending on the situation, the prospective purchaser must submit the following documents:

  • Identity document with photograph
  • Birth certificate less than 2 months old
  • Proof of domicile
  • Marriage contract of less than 3 months
  • Copy of the declaration of Civil partnerships to the Registry and contract for Civil partnerships: titleContent
  • Judgment establishing the body separation
  • Divorce judgment and non-conciliation order (or a copy of the divorce summons if proceedings are pending)
  • Copy of the'assignment in divorce.

If it is a legal person, it must provide a Kbis extract and a copy of the articles of association.

The sales compromise shall establish the agreement of the parties on the property (the land) and on the price. It precisely defines the terms of sale.

In particular, it shall contain the following information:

  • Detailed description of the land (cadastral references, address, floor area...)
  • Existence or non-existence of bounding of the land
  • Sales price
  • Method of financing
  • Amount of security deposit
  • Amount of fees the seller or supplier (if a seller or supplier is involved) and the name of the person to pay the fee
  • Suspensive conditions for loans if you take out a mortgage
  • Mortgages and easements that weigh on the ground
  • Condition suspending the award of a building permit, absence of third-party remedy
  • Deadline for signature of the bill of sale (typically 3 months after the sales promise is signed)
  • Time limit for fulfillment of each suspensive condition contained in the promise.

The following documents shall be annexed to the promise to sell:

If the seller or buyer knows of information which is of decisive importance for the consent or agreement of the other, he must inform him of this in the compromise.

The sales compromise takes the form of a privately signed document or a authentic instrument signed before a notary. It may be signed in paper or electronic form.

Please note

When the period of validity of a sales compromise signed by a natural person more than 18 months, it is compulsory to sign an authentic instrument.

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Paper medium

It is made in 2 original copies (1 for the seller, 1 for the buyer), except when a unique original is kept by a professional (notary, real estate agent).

Electronic medium

The procedure for signing and keeping the document must enable each party to have a copy of the promise or to have access to it.

A sum corresponding to 5% to 10% of the selling price may be requested from the buyer at the signature of the compromise.

Let the compromise take the form of a privately signed document or a authentic instrument, it is recommended to pay the security deposit to the notary who takes care of the sale.

This security deposit is cashed and blocked until the conclusion of the contract of sale on the escrow account from the notary.

If the suspensive conditions which are provided for in the compromise are not realized, the amount paid shall be returned in full.

If buyer forgoes purchase, the amount is retained by the owner.

When the definitive act of sale is signed, it is deducted from the sale price.

The buyer of a building site does not benefit pitch the right of withdrawal.

Likewise, the salesman cannot plus change your mind after accepting thepurchase offer.

Timelines vary depending on the geographical location of the land:

General case

In principle, the compromise distinguishes and sets out the following deadlines:

  • Time limit for completion of all or each of the suspensive clauses (e.g. 2 months to obtain a building permit)
  • Deadline 3 or 4 months until theauthentic instrument sales.

The compromise may provide for a extension automatic in case of insufficient initial time, for a delay due to difficulties in obtaining certain documents.

Before the end of the deadline set in the compromise, the two parties may also decide to extend it. They're writing a agreeable the contract in which they specify the purpose of that extension.

The date of signature of the bill of sale is thus shifted.

In Alsace-Moselle

In principle, the compromise sets the deadline for the completion of all or each of the suspensive clauses (e.g. 2 months to obtain a building permit).

In the departments of Haut-Rhin, Bas-Rhin and Moselle, the sales compromise must be followed by an authentic bill of sale within 6 months. The parties may not agree to a longer period.

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