Two Taxes at a Glance
Who Is Liable: The 1 January Rule
The taxe foncière is assessed in the name of the owner (individual or legal person) as at 1 January of the tax year (CGI Art. 1400). A sale of the property after 1 January has no effect on the tax liability for that year — the seller remains legally liable for the full year’s tax, though the sale deed conventionally apportions it between seller and buyer from the date of transfer. Such a contractual apportionment is not enforceable against the tax authorities.
Where the sale takes place before 1 January, the buyer is liable. If the tax is still assessed in the seller’s name in error, the seller may claim a dégrèvement, which is granted automatically on production of evidence of the transfer having been published at the land registry. The authorities then assess the tax in the buyer’s name even if the standard recovery period has expired (CE 2-12-2016 n° 399678).
Special Cases for Liability
- Usufruct: the usufructuary is liable, not the bare owner (exception: right of habitation à vie only, CE 25-7-1986 n° 41921);
- Indivision (≤3 co-owners): global assessment in all names. Succession indivision: assessed in name of deceased until partition or attestation is published;
- Transparent copropriété companies: assessed individually per member for their proportionate share;
- Standard copropriété: common parts assessed in the name of the syndicat des copropriétaires;
- Tenant improvements: tenant liable for TFPB on improvements if the lease does not transfer ownership to the landlord before the lease end (CE 24-2-2017 n° 387972).
French property sale deeds routinely include a clause allocating the taxe foncière pro rata between seller and buyer from the date of the deed. This is effective between the parties but is not opposable to the tax authorities, who will continue to pursue the person who was owner on 1 January. Buyers should ensure any pro-rata reimbursement from the seller is documented and that the seller will pay the full annual tax before it falls due.
Taxable Built Property (TFPB)
All built property situated in France is in principle taxable (CGI Art. 1380). This covers:
- All constructions of any kind, provided they are permanently fixed to the ground;
- The land on which buildings stand and land forming an immediate and indispensable dependency (courtyards, passages, parking spaces);
- Land used for commercial or industrial advertising (hoarding boards, display screens, posters);
- Houseboats used in a fixed location and fitted out for residential use.
Permanent and Temporary Exemptions (TFPB)
Permanent Exemptions (CGI Art. 1382)
- Buildings used for the public exercise of worship;
- Rural agricultural buildings: buildings serving agricultural operations (barns, stables, cellars, wine presses, cowsheds, etc.) exclusively and permanently used for agricultural purposes. Mixed use: entirely taxable. Photovoltaic electricity generation on the roof does not jeopardise the exemption. Accessory commercial income ≤10% of total receipts over the prior three years: exemption maintained;
- Buildings owned and used by the State, departments, communes, and public bodies for a public service or utility purpose.
Temporary Exemption for New Construction (CGI Art. 1383)
New constructions, reconstructions, and additions benefit from a two-year exemption from TFPB starting from 1 January of the year following completion. The owner must file a declaration within 90 days of completion using the prescribed forms. Failure to declare within the deadline results in loss of the exemption. A penalty of €150 applies to non-declarations (CGI Art. 1729 C).
For residential buildings: in principle total exemption (the commune may reduce it to 40%–90% of the tax base for its portion; the inter-communal grouping may eliminate it entirely). For non-residential buildings: limited to 40% and does not apply to the grouping’s portion.
Long-Duration Exemptions for Social Housing
New qualifying social housing financed by State-aided loans assigned to principal residences benefits from a long-duration exemption (duration depends on the type of loan). For buildings completed from 1 January 2023 onwards, this is replaced by a corporate income tax credit of equivalent amount for institutional investor-owners (CGI Art. 220 Z septies).
Optional Energy-Efficiency Exemptions (CGI Art. 1383-0 B and 1383-0 B bis)
On deliberation, communes and groupings may grant temporary TFPB exemptions for:
- Dwellings completed before 1 January 1989 where qualifying energy improvement expenditure exceeds €10,000 in the year before the first exemption year (or €15,000 over three years): 50%–100% for three years;
- New dwellings completed from 1 January 2009 with energy performance exceeding regulatory requirements: 50%–100% for a minimum of five years.
Optional Office-to-Residential Conversion Exemption (CGI Art. 1384 F)
Communes and groupings may exempt from TFPB for five years residential dwellings created by converting office premises and assigned as a principal residence by 1 January of the year following the conversion. A declaration by the owner before that date is required.
The Tax Base for Built Property
The TFPB is calculated on a base equal to 50% of the valeur locative cadastrale of the building and its dependencies (CGI Art. 1388). The 50% deduction is intended to cover notional management, insurance, depreciation, maintenance, and repair costs. This base is multiplied by the local rates voted each year by the commune and its groupings.
The valeur locative cadastrale represents the theoretical annual rent the property could generate, determined during the 1970 general reassessment and updated by annual national revalorisation coefficients. Physical modifications must be declared within 90 days and trigger a reassessment of the valeur locative.
From 2028, the valeur locative of residential properties will be determined under a new market-based method using 1 January 2025 as the reference date (Loi 2019-1479 du 28-12-2019 Art. 146, as amended by Loi 2022-1726 du 30-12-2022 Art. 106). From 2025, landlords of residential properties will be required to file an annual electronic declaration before 1 July of the rent paid as at 1 January of that year. This reform will substantially alter taxe foncière assessments from 2028 onwards, as properties whose market rents have evolved significantly from the 1970 reference values will see their cadastral values updated.
Special Reliefs for Elderly, Disabled, and Low-Income Taxpayers
Full Exemption on Principal Residence (CGI Art. 1390 and 1391)
The following taxpayers are exempt from TFPB on their principal residence:
- Holders of the allocation de solidarité aux personnes âgées (ASPA) or allocation supplémentaire d’invalidité (ASI) (CGI Art. 1390);
- Taxpayers aged over 75 on 1 January whose prior year income does not exceed the statutory threshold (CGI Art. 1391);
- Holders of the allocation aux adultes handicapés (AAH) within the income threshold.
From 2023 (Loi 2022-1726 Art. 102), these reliefs may apply to the former principal residence of persons in care homes or long-term care establishments, without any condition as to whether the residence remains unoccupied.
€100 Relief for Persons Aged 65–75 (CGI Art. 1391 B)
Taxpayers aged between 65 and 75 on 1 January whose prior year income does not exceed the statutory threshold, and who do not qualify for the full exemption, benefit from a €100 reduction in the TFPB on their principal residence.
50% Cap on Principal Residence Tax (CGI Art. 1391 B ter)
The TFPB on a taxpayer’s principal residence is capped at 50% of the taxpayer’s available income, provided the taxpayer: (a) is not liable for the IFI in the prior year; (b) does not already benefit from total exemption; and (c) whose prior year revenu fiscal de référence does not exceed a statutory threshold (for 2023 tax: €27,947 for the first part of the household quotient, plus €6,530 for the first additional half-share and €5,140 for each further half-share). The taxpayer must file a written claim with the tax service by 31 December of the year following the year in which the tax roll is enforced.
Vacancy and Inexploitation Relief (CGI Art. 1389)
- The vacancy or inexploitation must be involuntary (beyond the owner’s control);
- It must last at least three months;
- It must affect the entire property, or at least a part capable of separate letting or exploitation.
Relief runs from the first day of the month following the start of the vacancy until the last day of the month in which it ends. Claim deadline: 31 December of the year following the year in which the 3-month minimum is reached. Key case law: voluntary vacancy from structural defects alone does not qualify (CE 29-6-2020 n° 434521); neighbourhood insecurity assessed per property (CE 11-5-2021 n° 440044 and 440045); a for-sale property still actively offered for rent may qualify (CE 5-6-2020 n° 423066); no prior letting required (CE 16-3-2016 n° 385771).
Taxe Foncière on Unbuilt Property (TFPNB)
The TFPNB applies to all unbuilt property of any nature situated in France (CGI Art. 1394), including land in wasteland condition. Gardens attached to a house qualify as unbuilt property where their area exceeds 500 m². The TFPNB base is the valeur locative cadastrale reduced by a flat 20% deduction, giving an effective base of 80%.
Permanent Partial Exemption for Agricultural Land (CGI Art. 1394 B bis)
Agricultural land (including meadows, orchards, vineyards, woodlands, marshes, ponds, etc.) is exempt from TFPNB to the extent of 20% of the valeur locative and from all special equipment taxes. The remaining 80% remains taxable.
Temporary Exemptions for Unbuilt Property
The following are automatically exempt: land newly planted with truffle oaks (50 years, CGI Art. 1395 B, II); land in a Natura 2000 site (5 years, renewable, CGI Art. 1395 E). On deliberation of the relevant local authorities, further optional exemptions may apply to walnut trees (8 years), organic farming (5 years), and orchards/vineyards (up to 8 years).
Our French law practice advises on taxe foncière exemption applications, new construction 90-day declarations, vacancy relief claims, special relief eligibility for elderly and disabled taxpayers, and the implications of the 2028 valeur locative reform for residential property owners.
Book a ConsultationLegal Notice. This article is provided for general information and educational purposes only. It does not constitute legal or tax advice. Local tax rates are voted annually by communes and groupings and vary by location; always verify from the current year’s tax notice. The 2028 valeur locative reform and associated 2025 annual declaration obligation should be monitored for implementing decrees. Special relief thresholds are revised annually. Always consult a qualified French tax adviser before making any decision based on taxe foncière rules.
Key Legal References
TFPB taxable properties: all constructions permanently fixed to the ground; land dependencies of buildings; advertising land; houseboats in fixed location
TFPB permanent exemptions: places of worship; rural agricultural buildings exclusively and permanently used for agricultural purposes (mixed use: entirely taxable; photovoltaic on roof: exemption maintained; accessory income ≤10% over 3 years: exemption maintained); State and public body property for public service
New construction 2-year TFPB exemption: from 1 January following completion; 90-day declaration required; residential: total (commune may reduce to 40–90%; grouping may eliminate); non-residential: 40% only; penalty €150 for non-declaration
Social housing long-duration TFPB exemption; from 1/1/2023 completions replaced by IS tax credit for institutional investor-owners
IS tax credit replacing TFPB social housing exemption for buildings completed from 1 January 2023
Optional TFPB energy-efficiency exemption for pre-1989 dwellings: 50–100% for 3 years on communal deliberation; qualifying works exceeding €10,000/year or €15,000 over 3 years
Optional TFPB energy-efficiency exemption for new dwellings from 2009 exceeding regulatory energy performance requirements: 50–100% for minimum 5 years
Optional TFPB 5-year exemption for office-to-residential conversions assigned as principal residence; declaration required before 1 January of year following conversion
TFPB tax base: 50% of valeur locative cadastrale; represents theoretical annual rent determined in 1970 and updated by annual national revalorisation coefficients; changes of consistance, affectation, or category must be declared within 90 days
Taxable person: owner as at 1 January of the tax year; sale after 1 January: seller liable for full year; contractual apportionment not opposable to tax authorities
Vacancy and inexploitation relief: three cumulative conditions (involuntary; at least 3 months; entire property or separable part); claim by 31 December of year following year in which 3-month minimum reached
Full TFPB exemption on principal residence: ASPA and ASI holders; from 2023 (Loi 2022-1726 Art. 102): applies to former principal residence of persons in care homes without condition on occupation
Full TFPB exemption for taxpayers over 75 and AAH holders within income threshold; applies to principal residence
€100 TFPB reduction for taxpayers aged 65–75 within income threshold on principal residence
50% cap on TFPB for principal residence: non-IFI; revenu fiscal de référence below threshold (€27,947 + supplements for 2023 tax); must claim by 31 December of year following tax roll enforcement
2028 reform of valeur locative cadastrale for residential properties: new market-based method; reference date 1 January 2025; annual rent declaration required from 2025
TFPNB taxable properties: all unbuilt land in France including agricultural land, forests, gardens over 500 m², wasteland
Agricultural land 20% permanent partial exemption from TFPNB and all special equipment taxes
Truffle oak plantations: 50-year automatic TFPNB exemption
Natura 2000 sites: 5-year renewable automatic TFPNB exemption
Reassessment in buyer’s name after seller obtains dégrèvement: assessment in buyer’s name permitted even after standard recovery period has expired, provided made before end of year following year of seller’s relief
Usufruct exception: right of habitation à vie without usufruct or emphytéose does not make the holder liable for TFPB; bare owner may be liable instead
Tenant improvements: tenant liable for TFPB on improvements where lease does not transfer ownership to landlord before end of lease
Vacancy relief: property on market for sale while simultaneously kept on rental market may qualify, provided owner demonstrates active continued search for tenants during sales process
Vacancy relief: no prior letting required for a property to qualify for the vacancy relief
Vacancy relief: voluntary vacancy resulting from structural defects alone does not establish involuntary vacancy
Vacancy relief: neighbourhood insecurity alone is insufficient to establish involuntary vacancy; assessed per individual property on its specific circumstances
