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Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

British Owner Letting Your French Second Home After Brexit: Furnished Rental Tax, Registration, Fines and How to Challenge the Bill

You own a flat in Nice or a stone house in the Dordogne, you spend your summers there, and for the rest of the year you let it to holidaymakers through a platform while you live in London, Manchester or Edinburgh. Since Brexit, that arrangement still works, but it sits at the crossing of three French control systems that do not talk to each other: the tax office, which wants its share of every euro of rent; the town hall (mairie), which wants your property registered and your guest nights counted; and the British tax authority, which wants the same income declared in the United Kingdom. Most British owners discover these three systems one fine at a time, starting with a letter they half understand. This guide puts them in the right order. It explains where your rent is taxed first, which French return to file and which rate applies to you as a British owner, how social charges interact with your British health cover, how to register your property lawfully and count your letting nights, and how to challenge a fine or a back-tax bill with the remedies that actually work. Buying the property is a different story, told elsewhere on this site; this guide starts the day you hold the keys and take your first booking.

A word on language before we start. Every French legal term below is explained the first time it appears, because French letting law is a vocabulary test disguised as paperwork. A meublé de tourisme is a furnished flat or house let to short-stay visitors who do not live there. The mairie is the town hall of the commune where your property stands. The taxe de séjour is the nightly tourist tax your guests pay and you pass on to the commune. The changement d’usage is the formal change-of-use authorisation some cities demand before a home may be run as a holiday let. Keep these four, and the rest of this guide will read plainly.

I. Where you pay tax on the rent, which form to file and which rate applies to a British owner

A. France taxes the rent first: the furnished-letting return, the micro or actual-cost regime and the non-resident minimum rate

The first surprise for British owners is the category. In France, letting a furnished property is not rental income of the passive kind. It is a commercial activity for tax purposes, taxed as bénéfices industriels et commerciaux (commercial and industrial profits, universally shortened to BIC). The statute says: « Sont considérés comme bénéfices industriels et commerciaux, pour l’application de l’impôt sur le revenu, les bénéfices réalisés par des personnes physiques et provenant de l’exercice d’une profession commerciale, industrielle ou artisanale. » A British owner letting a furnished gîte near Sarlat or a two-bedroom flat in Lyon is therefore running a small French business in the eyes of the tax office, even with a single property and a handful of bookings a year. An unfurnished long-term letting falls under a different category, the revenus fonciers (property income), with different returns and different allowances; if your property is furnished and your guests are holidaymakers, BIC is your category, and filing under the wrong one is the most common first mistake.

The second pillar is territoriality: France taxes the rent because the building stands in France, wherever you live. Article 164 B of the French Tax Code (Code général des impôts, the CGI) provides: « Sont considérés comme revenus de source française : a. Les revenus d’immeubles sis en France ou de droits relatifs à ces immeubles » (are treated as French-source income: rents from buildings situated in France and from rights relating to them). Whether you are French tax resident or still fully resident in the United Kingdom, the rent from your French property is French-source income and France taxes it first. The tax treaty between France and the United Kingdom, the convention of 19 June 2008 on income tax and capital gains tax, confirms the priority: the French tax authority’s commentary on the treaty explains that the source State’s right to tax takes priority over the other State’s right to tax. The United Kingdom then gives relief for the French tax, as explained below; it does not exempt you from declaring in France.

Once the category and the country are settled, the practical choice is the regime: flat-rate or actual costs. Small furnished lettings may use the micro-BIC (the simplified flat-rate regime), under which the tax office applies a standard expense allowance to your gross rents instead of examining your bills. The thresholds in force provide: « 1° bis 15 000 € s’il s’agit d’entreprises dont l’activité principale est de louer directement ou indirectement des meublés de tourisme, au sens du I de l’article L. 324-1-1 du code du tourisme, autres que ceux mentionnés aux 1° et 2° du I de l’article 1414 bis du présent code » (15,000 euros for businesses whose main activity is letting tourist-furnished accommodation within the meaning of the Tourism Code). Above the threshold, or by election, you fall under the régime réel (the actual-cost regime), where you deduct your genuine charges — agency fees, repairs, insurance, interest, local taxes — and depreciate the building and furniture (amortissement) year by year. For a British owner with a mortgaged property, heavy agency commissions and regular works, the actual-cost regime frequently beats the flat rate, sometimes spectacularly; for a mortgage-free flat with few costs, the flat rate wins on simplicity. Run both calculations before your first return, because the election binds you and the tax office will not rerun the comparison for you.

One threshold deserves special attention because British owners cross it without noticing: professional status. The loueur en meublé professionnel (professional furnished landlord, LMP) is a tax status with its own social-security and capital-gains consequences, and the entry ticket is a receipts figure. The tax authority’s published doctrine states that for a taxpayer domiciled in France, the 23,000 euro threshold counts all rents received wherever the let buildings stand. A British resident of France who also lets a flat in London must therefore add the London rents to the French ones when testing the threshold — a trap for the exact readership of this guide. Professional status can be valuable, notably on resale, but it drags you into French self-employed social contributions; never drift into it by accident. If your rents approach 23,000 euros, take advice before the year ends, not after the assessment arrives.

The rate is the next shock. A British owner who is not French tax resident pays French income tax on the net rental profit subject to a minimum-rate mechanism (taux minimum). Article 197 A of the Tax Code provides: « l’impôt ne peut, en ce cas, être inférieur à un montant calculé en appliquant un taux de 20 % à la fraction du revenu net imposable inférieure ou égale à la limite supérieure de la deuxième tranche du barème de l’impôt sur le revenu et un taux de 30 % à la fraction supérieure à cette limite » (in that case the tax cannot be less than an amount computed by applying a 20 per cent rate to the part of net taxable income at or below the top of the second band of the income-tax scale, and 30 per cent above it). In plain terms, expect at least 20 per cent on most of the profit even if the ordinary progressive scale would have given you less. The escape hatch is the average-rate option (taux moyen): if taxing your worldwide income under the ordinary French scale would produce a lower average rate, you can ask the tax office to apply it, but you must claim it and document your British income. File on the non-resident return, keep your computation, and never assume the progressive scale applied on its own.

For British residents of France, the same rents join your worldwide income on the ordinary French return, with the complementary professional-income pages for the BIC profit, and our guide to filing your first French tax return as a British newcomer walks through the forms. In both cases, resident or not, keep every invoice, every platform statement and every bank transfer for the property in one file, in euros, year by year. The French tax office reassesses what it cannot see, and the file you build today is the appeal you win tomorrow. If you already receive UK rents from a British property alongside the French ones, read our guide to British residents declaring UK rental income in France, which handles the mirror image — British-source rents of a French resident — because the two returns must reconcile and the tax office cross-checks them.

B. Social charges, the S1 shield and the British tax return: what the CSG is doing on your French rents

Income tax is only half the French bill. French rental profits can also attract social levies (prélèvements sociaux), the family of charges built around the contribution sociale généralisée (the general social contribution, CSG) and the contribution au remboursement de la dette sociale (the social-debt repayment contribution, CRDS). The base rule is domiciliary: « Les personnes physiques fiscalement domiciliées en France au sens de l’article 4 B du code général des impôts sont assujetties à une contribution sur les revenus du patrimoine assise sur le montant net retenu pour l’établissement de l’impôt sur le revenu » (individuals domiciled in France for tax purposes are liable to a contribution on capital income assessed on the net amount used for income tax). If you are French tax resident, budget for these levies on top of income tax; if you are not, different levies may apply to your French rents at different rates, and the notice will not always explain which. The practical reflex is the same in both cases: read the breakdown lines of every avis d’imposition (tax notice), separate income tax from social charges, and challenge each on its own ground, because the legal basis — and therefore the remedy — differs.

For British owners, the sharpest question is whether British health cover exempts you. Many retirees in France hold an S1 healthcare certificate (certificat S1), the form by which the United Kingdom pays France for their healthcare, and many assume it wipes out French social charges on their capital income. The legal weapon behind that hope is the single-legislation principle of European social-security coordination, stated in the famous De Ruyter ruling of the Court of Justice of the European Union: « la personne à laquelle les règlements s’appliquent n’est soumise qu’à la législation d’un seul Etat membre, en sorte que celle-ci, affiliée à un régime de sécurité sociale d’un Etat membre, ne doit pas contribuer au régime de sécurité sociale d’un autre Etat membre (CJUE, arrêt du 26 février 2015, De Ruyter, C-623-13, point 35) » (a person to whom the coordination regulations apply is subject to the legislation of a single Member State only, so that a person affiliated to one Member State’s social-security scheme must not contribute to another Member State’s scheme). Since Brexit, the United Kingdom is no longer a Member State, but the EU–UK Trade and Cooperation Agreement carries a protocol on social-security coordination that keeps parts of this machinery running, including S1 healthcare cover for pensioners and posted workers. An S1 holder therefore has a serious, arguable claim to exemption from the CSG and CRDS portion of French social charges on capital income — serious, but not automatic.

Caution is warranted because the French courts apply this case by case, and recent rulings show exemptions being refused on their facts. On 25 September 2025 the Second Civil Chamber of the Court of Cassation (Cour de cassation, France’s supreme court for civil matters) rejected two appeals about social charges on capital income in cross-border situations. In one, the Court rejected the appeal, holding in substance that counting a frontier worker’s capital income in the French health-contribution base breaches neither equal treatment nor free movement of workers. Those cases concerned frontier workers with Switzerland, not British S1 holders, so they do not decide your situation — but they prove that European-law arguments about social charges fail when the affiliation facts do not fit. The lesson for a British owner is procedural: keep your S1, your National Insurance record and every certificate of British coverage; file the exemption claim in writing with evidence attached; and if the levy stands, contest it through the formal claim route within the deadline printed on the notice rather than by ignoring the bill. Our guide to S1, PUMa and hospital bills for British residents explains the health-cover side of the same paperwork.

Then comes the British return, which surprises owners in the other direction: paying French tax does not spare you the British paperwork. The British government’s own guidance states that UK residents normally pay tax on their foreign income. Your French rents are foreign income to His Majesty’s Revenue and Customs (HMRC, the British tax authority), and the same page adds that tax due is usually reported through a Self Assessment tax return (the annual British tax return system). Double taxation is avoided by credit, not by silence: the same guidance notes that tax relief may be claimed where the same income is taxed in more than one country. Declare the gross French rents in the United Kingdom, compute the British tax, and claim credit for the French income tax paid under the treaty — keeping the French notices as proof, because HMRC may ask for them years later. If you are no longer British resident, you generally do not pay British tax on the French rents at all, but check your residence position every year under the British Statutory Residence Test rather than assuming it, since a few extra weeks in Kent can move the line. And if the question of where you are resident is genuinely contested between the two countries, our guide to becoming French tax resident and dual-residence tie-breaks resolves it.

II. How to let lawfully from the town hall desk to check-out day, and how to fight a fine or a reassessment

A. Register the flat, count the nights and collect the tourist tax: the compliance chain that keeps you safe

French holiday-letting law starts with a definition, and your property either fits it or it does not. The Tourism Code (Code du tourisme) states: « les meublés de tourisme sont des villas, appartements ou studios meublés, à l’usage exclusif du locataire, offerts à la location à une clientèle de passage qui n’y élit pas domicile et qui y effectue un séjour caractérisé par une location à la journée, à la semaine ou au mois. » (tourist-furnished accommodation means furnished villas, flats or studios for the exclusive use of the tenant, offered to passing visitors who do not live there, staying by the day, week or month). A Dordogne gîte let Saturday to Saturday and a Paris studio let on a platform both fit. A flat let for a full academic year to a student who makes it home does not — that is a different letting with different rules. Qualify your own arrangement first, because everything that follows — registration, night caps, fines — flows from this definition.

Registration comes before the first guest, not after the first complaint. The statute commands: « Toute personne qui offre à la location un meublé de tourisme procède préalablement en personne à une déclaration soumise à enregistrement auprès d’un téléservice national opéré par l’organisme public unique mentionné au premier alinéa du II de l’article L. 324-2-1. » (anyone offering tourist-furnished accommodation first declares it in person for registration through the national online service). In practice you file the declaration with the mairie — the Cerfa form 14004*04 referenced on the official service-public page for declaring tourist-furnished accommodation at the town hall — and you receive a registration number (numéro d’enregistrement) that must appear on every advert and listing. Platforms are obliged to display it and to deactivate listings without one in communes that require registration; a listing with no number is now the fastest route to an inspection. File from the United Kingdom if you must — the procedure is online — but file before publishing the advert, keep the receipt, and quote the number everywhere, including on your own website if you take direct bookings.

The night count is where British second-home owners most often stumble, because two different caps apply to two different situations. If the property is your résidence principale (main home) — for example you now live in France and let your Paris flat while you visit family in Britain — the Supreme Court has confirmed the rule in these terms: « toute personne qui offre à la location un meublé de tourisme qui est déclaré comme sa résidence principale ne peut le faire au-delà de cent vingt jours au cours d’une même année civile, sauf obligation professionnelle, raison de santé ou cas de force majeure. » (anyone letting tourist-furnished accommodation declared as their main home may not do so beyond 120 days in the same calendar year, save for work obligations, health reasons or force majeure). That 7 September 2023 ruling of the Third Civil Chamber (appeal no. 22-18.101, published in the Bulletin) is the reference every town hall cites. If instead the property is your résidence secondaire (second home) while your main home is in Britain — the classic British case — there is no 120-day allowance to lean on; in the communes that have voted a prior-authorisation system, letting a second home as a holiday let requires a changement d’usage authorisation, because the statute provides: « Dans ces communes, le changement d’usage des locaux à usage d’habitation peut être soumis, sur décision de l’organe délibérant, à autorisation préalable dans les conditions fixées à l’article L. 631-7-1. » (in those communes, changing the use of residential premises may require prior authorisation). Paris, Lyon, Bordeaux, Nice and many coastal and mountain communes operate such systems, sometimes with an offset obligation; check your commune’s deliberation before assuming a second home may be let freely. Letting the same flat in the same year both as your declared main home and as a second home, or exceeding the count and hoping the platform data will not be shared, are the two patterns town-hall inspectors know best.

Two final links in the chain are financial and easily forgotten from abroad. First, the tourist tax: communes in tourist, coastal and mountain areas may charge guests a nightly taxe de séjour, created by a council vote taken before 1 July for the following year, since « une taxe de séjour ou une taxe de séjour forfaitaire peut être instituée par délibération prise par le conseil municipal avant le 1er juillet de l’année pour être applicable à compter de l’année suivante » (a tourist tax may be created by council decision taken before 1 July for application from the next year). You collect it from your guests on top of the rent and pass it to the commune; platforms often collect it automatically and remit it, but verify on each payout statement, because any shortfall stays your liability. Second, the building itself: read your co-ownership rules (règlement de copropriété) before listing a flat, since many Paris and city-centre buildings restrict or ban short-term letting, and neighbours remain your most reliable inspectors. Add the annual property tax to the budget — our guide to reading and challenging your taxe foncière bill covers that — plus suitable insurance, since a standard home policy rarely covers paying guests. And if you are weighing whether to hold the house personally or through a French property company, read our analyses of buying through an SCI: creation, tax and succession and holding a French house through an SCI: tax and passing it on, because the letting rules in this guide apply either way but the tax arithmetic changes.

B. Fines, back taxes and the appeals that work: how to answer the letter instead of fearing it

Enforcement has two faces, and each has its own court. The town-hall face is the civil fine (amende civile) for breach of the registration, night-count and change-of-use rules. For unlawful changes of use, the Construction and Housing Code (Code de la construction et de l’habitation) is blunt: « Toute personne qui enfreint les dispositions des articles L. 631-7 ou L. 631-7-1 A ou qui ne se conforme pas aux conditions ou obligations imposées en application des mêmes articles L. 631-7 et L. 631-7-1 A est condamnée à une amende civile dont le montant ne peut excéder 100 000 € par local irrégulièrement transformé. » (anyone breaching the change-of-use provisions faces a civil fine of up to 100,000 euros per unlawfully converted premises). The same article entrusts the penalty to a judge, since « Cette amende est prononcée par le président du tribunal judiciaire statuant selon la procédure accélérée au fond, sur assignation de la commune dans laquelle est situé le local irrégulièrement transformé » (the fine is imposed by the president of the judicial court ruling under the fast-track procedure, on application by the commune where the premises stand). You therefore get a real hearing before a real judge — which is precisely where well-prepared owners win.

The Supreme Court has narrowed the town hall’s aim, and that narrowing is your shield. In the same 7 September 2023 ruling, the Court held that penalties are criminal-like punishments subject to strict interpretation, ruling: « l’amende civile prévue par l’article L. 324-1-1, V, alinéa 2, est applicable aux seules personnes offrant à la location un meublé de tourisme déclaré comme leur résidence principale, qui omettent de transmettre à la commune l’ayant demandé depuis plus d’un mois, l’information relative au nombre de jours de l’année précédant la demande, au cours desquels ce meublé a été loué. » (the civil fine applies only to persons letting accommodation declared as their main home who fail, more than a month after the commune’s request, to report the number of days let in the previous year). Three defences flow directly from that paragraph. First, the declaration status: if your property was never declared as your main home, the main-home fine provision does not fit — say so with documents. Second, the request and the month: produce the commune’s dated request and your dated reply; a reply within the month defeats this head of fine even if the underlying letting is disputed. Third, the count itself: platform histories, cleaning invoices, energy bills and entry-system logs rebuild the true number of let nights, and an inflated estimate collapses against them. Never ignore a town-hall letter: answer by registered post (lettre recommandée avec accusé de réception), keep every slip, and regularise the registration in parallel, because a judge rewards the owner who complied late over the owner who argued while persisting.

The tax-office face is the reassessment (redressement): undeclared rents reconstituted from platform data, the wrong category corrected, the flat-rate allowance withdrawn, late-payment interest added. The procedure protects you if you use it. The verification or documentary check opens with a proposal you may answer — reply inside the stated deadline, point by point, with bank statements and invoices, because silence at this stage becomes agreement later. If the assessment is nevertheless issued, file a formal claim (réclamation contentieuse) to the tax office, attaching everything, and watch the deadline printed on the notice or the assessment: French tax claims expire fast, and a brilliant argument filed a week late is worthless. If the claim is rejected expressly or by silence, appeal to the administrative court (tribunal administratif) of the property’s area; asking the judge to suspend collection while the case runs can protect your cash flow. Two substantive arguments recur for British owners. The category argument: genuinely long, unfurnished residential lets belong in revenus fonciers, not BIC — but do not invoke it for a genuine holiday gîte, where it insults the judge’s intelligence. The rate argument: non-residents should verify the 20 and 30 per cent minimum against the average-rate option on worldwide income, with British payslips and P60s translated and converted. And when the day comes to sell rather than let, our guide to capital gains when a British owner sells a French second home takes over, because the letting history — declared or not — will be sitting in your file.

A final practical note on evidence, because appeals are won in folders, not in feelings. For every tax year and every property, keep: the registration receipt and number; the advert screenshots showing the number; the platform’s annual earnings statement; the tourist-tax collection statements; the guest-night count you reported to the commune; the French tax return and notices; the British Self Assessment pages covering the same rents; and your S1 or coverage certificates. When a letter arrives — from the mairie, the tax office or a platform passing on an injunction — diary the deadline the same day, reply to what is asked with documents rather than adjectives, and escalate to the formal appeal the moment an informal answer fails. British owners who treat the French file with the seriousness of a British tax enquiry almost always do better than those who treat it as foreign correspondence that can wait until the next trip over.

Conclusion

Letting your French second home as a furnished holiday let after Brexit is lawful, common and profitable — provided the three systems are handled in order. France taxes the rent first because the building stands in France, and a British owner declares it as commercial BIC profit under the flat-rate or actual-cost regime, with the 20 and 30 per cent non-resident minimum to verify and the treaty giving France priority while Britain grants relief. Social charges follow their own logic, where an S1 and the single-legislation principle give you an arguable shield but recent supreme-court rejections prove that nothing is granted without evidence. Registration comes before the first advert, the 120-night cap governs declared main homes while second homes face the change-of-use authorisation in the communes that voted it, and the tourist tax is collected from guests and passed on. Fines of up to 100,000 euros per premises exist, but they are imposed by a judge under rules of strict interpretation that reward documented compliance, just as reassessments are answered with claims and appeals inside hard deadlines. Build the file, count the nights, declare on both sides of the Channel, and challenge quickly and in writing whenever a notice overreaches. The Channel has widened administratively since Brexit, but a British owner with a complete file remains, in any French court or tax office, exactly what this guide has described: a lawful small business, taxed once in each country and protected by the procedures of both.

Need a quick opinion on your case

You will receive a telephone consultation within 48 hours with a lawyer of the firm about your French holiday let, your rental tax, your registration or your fine, in Paris and Île-de-France as well as everywhere in France. Call us on +33 6 46 60 58 22 (Maître Reda Kohen) or write to us via our contact page.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

What our clients say

kader ladjouzi
1 day ago

Best real estate and business law attorney in Paris. A compassionate and attentive lawyer with a wonderful team. Thank you, Maître KOHEN

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Janou SAMUEL
1 month ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

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Paul MALIK (powlo)
3 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

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Reply from the firm

Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

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4 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

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Reply from the firm

The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

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4 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

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Reply from the firm

Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

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4 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

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Reply from the firm

Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
4 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

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Reply from the firm

An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

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6 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

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Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.