Rights of British Second-Home Owners in France From January 1, 2021 (2024)

The nember of British nationals residing in France back in 2016 was at 148,300, a third of which were retirees (53,000), data collected and published by the French National Institute of Statistics and Economic Studies shows.

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While it was expected that the number of UK nationals moving to EU countries, including to France, would drastically drop due to Brexit, a study by OECD and Eurostat shows that in fact there is a huge increase in British nationals emigrating to the EU since the UK officially left the block on January 31, 2019.

The same report notes that between 2016 and 2018, 10,280 British people registered for residency in France.

On the other hand, The Local France had reported in August that the number of Brits living in France is between 150,000 and 300,000, but local officials have no exact data on this number.

The situation with registration for Brits in France remains complicated and – apart from the ongoing uncertainty for many – it means that France doesn’t actually know how many Brits live here,” the report says.

The reason behind the absence of data in this regard is that France does not require EU citizens to register for residency, unlike the majority of the EU countries.

As such, Brits who own second homes in France, and spend there maybe even most of the year, had to face an important decision in recent months. To register for residency in France, as foreseen by the Withdrawal Agreement, and retain EU citizenship, or keep the second home as a holiday destination.

Those who choose the first will have their rights protected, and they will not be affected by the rules that the EU applies to third-country citizens who use their properties in France for holidays only.

Yet, those who choose the second option will face several changes, that they may not have seen coming.

What Changes for Second-Home Owners in France After December 31?

With December 31 quickly approaching, Britons owning second homes in France are panicking, with many things remaining unclear until the UK and the EU agree on a final deal.

What is known for sure, is that starting January 1, Brits will lose their EU citizenship, and will be considered as third-country citizens to the EU just as Americans, Bangladeshis, Canadians, Eritreans, etc.

Losing EU citizenship means no longer enjoying the same rights when travelling to the EU and being in the EU, including the right to free movement.

As a result, Brits will face the following once the transition period ends:

  • Home-owners will be able to stay at their French homes for 90 days every 180 days, at most
  • Overstaying this period has its consequences
  • By the end of 2022, all Brits travelling to France to visit their homes there will need to apply for a travel authorization

However, there will be no changes in property ownership, just as before, and unlike the claims of some, Britons will not be forced to sell their houses. There are currently many other third-country nationals who own homes in France, as Albanians, Chinese, etc.

The only changes implemented in this regard may be related to taxation when renting out property in France, as EU citizens are taxed 19 per cent of the income from rent while non-EU citizens are charged 25 per cent.

Britons Will Be Able to Stay in Their French Homes for 90/180 Days at Most

Starting from January 1, UK nationals planning to spend time at the homes in France will need to calculate the period of time they want to spend there with utmost care.

As EU citizens, Britons can currently stay in France and other EU countries as long as they wish. However, this is set to change soon.

The majority of EU member states have a rule they apply, according to which the stay of non-EU citizens in its territory I limited to a maximum of 90 days within any 180 days period. Which means that Britons will be able to stay only six months per year in the EU, even if they own a home in any of the member states, always by being careful not to overstay.

This means that after December 31, Britons must remember the fact that the 90-day rule applies to the total number of days for all countries in the Schengen Area, and not only the stay in France. I.e. one cannot stay for 90 days in France and then travel to Germany to spend there more days.

Violating this rule has its consequences as those who stay in the EU more than the permitted period are fined and even deported to their countries. If the overstay is repeated, one may also be banned from entering the block for a certain period.

In order to keep Brits informed, the UK has already developed several campaigns through which it intends to raise awareness on travel and stay in the EU post-Brexit.

If you’re a tourist, you will not need a visa for short trips to EU countries, Iceland, Liechtenstein, Norway and Switzerland. You’ll be able to stay for up to 90 days in any 180-day period,” the official government website advises among others.

Schengen Calculator – Calculate Your Legal Short-Stay in Europe

By the End of 2022 Getting A Travel Authorization to Enter France Will Be Obligatory

Since 2016, the EU has announced its plans to oblige third-country citizens to apply online for a travel authorization, before they head to EU for short-term trips and are exempt from the requirement of a visa.

The scheme, called the European Travel Information and Authorization System (ETIAS), is set to be launched on January 1, the same days when the UK’s transition period for leaving the EU ends.

The scheme, which has been created in a bid of the EU to control who enters its territory, will not become obligatory for all travellers, including UK passport holders, will become obligatory only by the end of 2022, as the EU intends to allow border checks and travellers to adapt to the new requirement.

Rights of British Second-Home Owners in France From January 1, 2021 (2024)
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