Guide to Renting a Property in Monaco
Monaco Rental Process Explained
When renting a property in Monaco it is important to know the various requirements and processes involved. The guide below aims to help you understand this procedure in more depth.
The process is to make a written offer for the apartment setting out the price you will be prepared to pay and your other conditions and also agree that if the offer should be accepted and you desist, that you will forfeit the 3month rental deposit and also pay the agency commission (10% of the annual rental plus VAT at 20%). Copy of the client’s ID must be annexed to the offer and often a bank reference will be required.
When you make the offer, it is usual practice to back up the offer with a cheque drawn on a Monaco bank which represents the 3month rental deposit mentioned above plus the agency commission. This is not cashed till the offer is accepted but should the offer be accepted and you then withdraw, the cheque is cashed and both sums are forfeited to compensate the owner and agency for work done and time lost.
If you do not have a Monaco bank account yet, usual practice is to make a bank transfer covering the above sums in our favour so that we hold the funds and you make an offer; or we try to persuade the landlord’s agency to present the offer with an undertaking to get the transfer sorted as soon as the offer is accepted; or the client’s employer (if he/ she is employed in Monaco) writes a cheque for you which is often the simplest solution…. To be discussed with the landlord’s agents once you have made your mind up.
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Legal processes in detailThere are a number of legal procedures to complete ahead of a Monaco property changing hands and being registered in a new name. Here are the steps in detail.
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1. Offer to purchaseIn Monaco, the first stage of the legal process is when the buyer makes a formal written offer to purchase the property. This states the price that the buyer is willing to pay and how long the offer will be valid for (usually between two to five days). The offer becomes null and void after the validity period if the seller has not responded in time.
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2. Choice of Notary 'Notaire'Once the offer has been accepted in writing by the seller, the parties appoint a Monaco notary ('notaire'), it is possible that the same notary will act for both parties. The role of the notary is crucial throughout all stages of the sale, from the preliminary searches through to sale and registration. In addition to the notary, who can also assist on the civil law and process to organise the future transmission of the asset, some buyers choose to appoint a lawyer to help with certain aspects of the purchase, such as, for example, estate planning.
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3. Compromis de Vente & Payment of DepositOnce the buyer's offer has been accepted, the buyer and seller sign a preliminary contract called a 'compromis de vente' The buyer must pay a deposit. This is typically equal to 10% of the purchase price. The deposit should be paid into an escrow account held by the notary.
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5. CompletionBefore completion can take place, the remaining purchase price, the registration fees and notary/real estate agent fees must be paid to the notary. Signature of the sale deed takes place at the notary's office. However, the buyer can sign at a distance via a power of attorney prepared by the notary.
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6. RegistrationAfter signature, the notary will register the sale with the Monaco Land Registry. In the interim period, after signature by the parties and before registration, the buyer receives a completion certificate (attestation de vente), which can be used as proof of ownership.
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Costs and FeesPurchase of real estate itself In general, on the purchase of "second-hand" property, costs and fees will amount to 6.25% of the purchase price and will be due by the Purchaser. This 6.25% comprises registration duty (4.75%) and notarial fees (1.5%). This rate applies where the purchase is made by individuals or a Monaco SCl. A higher rate of 7.5% registration duty applies if the acquisition is made by, say, a foreign company: on top of this will be the notarial fees of 1.5% making a total due of 9% provided certain conditions are met by the structure in question (eg the appointment of a fiscal representative who identifies the ultimate beneficial owners). This 7.5% duty will increase to 10% as regards transactions involving entities whose beneficial owners are not individuals or entities of which the individual beneficial owners are not disclosed, so that in total 11.5% will be due in these circumstances In some cases (e.g. where the property is new or under construction) registration duty will not apply and rather the sale price will include value added tax (TVA) at the rate of 20%. Notarial fees and transcription duty amounting to a total of 2.5% will be due, payable by the Buyer, regardless of whether the Buyer is an individual or a corporation. Purchase of a foreign property-holding company Where the real estate is owned by a foreign company, the Buyer may possibly be able to buy this structure: in this case, registration duties of 4.5% on the property value will be levied on the change of beneficial ownership pursuant to the sale.
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Tax ImplicationsMonaco levies no income taxes, capital gains taxes or wealth taxes on individuals. French nationals resident in Monaco nonetheless pay income tax and wealth tax in France in certain circumstances. Monaco gift and estate duties exist but only on Monegasque-sited assets. The rate of such duties is 0% on dispositions to parents, a surviving spouse, children or remoter issue. On other dispositions, gift and estate duties are due at differing rates depending upon the degree of relationship between donor and done; the maximum rate of 16% applies in the case of dispositions to non-relatives. Duty is payable by the recipient.
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Acquisition Fees, Taxes and Succession RulesMonegasque law will generally be paramount insofar as Monegasque real estate succession matters are concerned. In principle, if you own the real property in your own name and regardless of your nationality or where you reside, on your death, title to the property will pass in accordance with Monegasque law, which reserves a major portion of your estate to your descendants (legitimate and illegitimate). Where you have no descendants, your ascendants will largely benefit. It is also though now possible for an individual to choose his/her national law to govern his/her assets (including real estate) thus allowing the individual to dispose of his/ her assets free from any rules of reserved heirship. In respect of personality, Monaco will refer to the succession laws of your country of nationality. Professional advice should be taken on the inheritance implications of your purchase in terms of the Monegasque rules of succession.
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Can my family join my Monaco Residency Permit application?Yes, your spouse/partner and children above 18 can be included. Note that minors under 16 may not obtain a residence card but could be eligible for a “Travel document for minors.”
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Is there an age limit for the main applicant?Yes, the main applicant must be 18 or older for the Monaco Residency Permit.
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Are specific education or work experience criteria required?No, Monaco does not impose these requirements. Yet, relevant qualifications and experience can be beneficial.
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Is a language prerequisite for the Monaco Residency Permit?No, no language requirement exists. However, French knowledge aids integration.
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Can the applicant work in Monaco?Yes, as a resident, you enjoy the same benefits as citizens, contingent on fulfilling requisites and contributing to the public health system.