Buying Property on the French Side of Saint-Martin: How It Really Works

Yes, you can buy property in Saint-Martin, the French side of the island, as a foreigner. The purchase is handled by a French notaire, priced in euros and governed by French civil law, while taxes follow the Collectivité de Saint-Martin's own tax code. It is more formal and more expensive to close than a purchase on the Dutch side. For the right property, that is a price worth paying.

We are licensed on both sides of the island, so we get the comparison question every week. Here is how a French-side purchase actually unfolds.

What changes when you cross the border

The border between Sint Maarten and Saint-Martin is a road sign. The legal systems behind it are very different.

• Currency. Prices, deposits and the deed are in euros. If your money is in dollars, the exchange rate becomes part of the negotiation.

• Who runs the sale. A French notaire is a public official. They draft the deed, verify title, collect the taxes and register the sale. They act for the transaction, not for one side.

• Paperwork. Documents are in French. The notaire will explain them, and we translate as we go, but plan for it.

• Tax rules. Saint-Martin is a French overseas collectivity with its own tax code. What you read about mainland France does not automatically apply here.

The steps, in order

1. Offer. You make a written offer. Once the seller accepts, nothing is binding yet, but the price and main terms are agreed.

2. Compromis de vente. This is the preliminary contract. You sign it with the seller, usually at the notaire's office, and pay a deposit, commonly 5 to 10% of the price. The deposit is held by the notaire, not by the seller.

3. Conditions. The compromis lists the conditions that must be met before closing. The usual ones: your mortgage is approved (if you borrow), the title is clean, and the town-planning checks come back without surprises. If a condition fails, the deposit comes back to you.

4. Checks by the notaire. Between the two signatures the notaire pulls the title history, checks mortgages and liens, and obtains the planning and pre-emption certificates.

5. Acte authentique. The final deed, signed before the notaire. You transfer the balance plus costs in advance, you sign, and you get the keys.

If you plan to borrow, start with the bank before you sign the compromis, not after. The financing condition protects your deposit, but only for the time and amount written into it.

What it costs to close

This is where the French side surprises people. The Collectivité's tax office lists a registration duty of 8% on property sales. The notaire's fees and disbursements come on top of that. By comparison, the buyer's transfer tax on the Dutch side is 4%, and total closing costs there commonly run around 5%.

Two practical points:

• Ask the notaire for a written estimate of the total costs before you sign the compromis. Budget them from day one.

• Negotiate with the full number in mind. A villa at the same asking price costs more to buy in Terres Basses than in Pelican Key. That should show up in your offer.

What we check before a client signs

The notaire checks title. We check the property. The questions below are the ones that change prices.

• Where the land is. Along much of the coast, the land was historically part of the "50 pas géométriques", a coastal strip owned by the State. In 2020 the State completed the transfer of the urbanized parcels in this zone, about 73 hectares from Sandy Ground to Quartier d'Orléans, to the Collectivité. If a waterfront building sits in that band, ask exactly what is being sold and on what title.

• Permits and conformity. A lot of the French side was rebuilt after Hurricane Irma in 2017. Ask for the building permit and any certificate of conformity for work done since, especially for additions like a second pool house or a converted garage.

• Copropriété rules. In a condominium, read the règlement de copropriété, the recent meeting minutes and the charges. They tell you whether short-term rental is allowed, what works are voted and who pays for them.

• Insurance. Get a quote before you commit. Windstorm cover and its deductible can change the math on a waterfront villa.

Where people buy on the French side

Each area is a different decision, not just a different view.

• Terres Basses. Private estates, large plots, gated roads. This is where the island's high-end villas sit. We sold Villa Always here for €3.5 million.

• Orient Bay. The busiest beach on the French side. Condos and villas with strong rental appeal.

• Grand Case. The restaurant town. Walkable, lively, with the regional airport next door.

• Anse Marcel. A sheltered bay and marina, quieter and more private.

• Baie Nettlé. Between the lagoon and the sea, close to Marigot, with a lot of apartment stock.

• Oyster Pond. Shared with the Dutch side. Marina life and a relaxed pace.

Browse the island guide for a feel of each neighborhood, then look at what is for sale.

What you keep paying after you buy

• Taxe foncière. Owners pay an annual property tax.

• Rental income. It is taxable. How depends on the type of rental and on your residence.

• Capital gains on resale. They can be taxed, with rules that depend on how long you held the property and where you are tax resident.

• Your home country. It may also tax the income or the estate.

Confirm your own position with the notaire and a tax adviser before signing. Our buyer's guide sets out the Dutch-side process if you want to compare.

Questions we get

Can Americans and other foreigners buy on the French side?

Yes. There is no restriction on foreign buyers. You can buy in your own name or, with advice, through a company.

Do I need to speak French?

No, but the documents are in French. The notaire explains every clause at signing, and we work in English and French throughout.

Can I back out after signing the compromis?

Only through the conditions written into it, or on the terms the notaire explains at signing. Read them carefully: they are what protects your deposit.

Is the French side a better investment than the Dutch side?

Neither is better in general. The French side costs more to buy into and suits buyers who want space, privacy or a European legal framework. The Dutch side is cheaper to close and has most of the condo rental stock. We help clients on both.

If you are weighing a property on the French side, talk to us before you make an offer.

Sources: Collectivité de Saint-Martin tax office (impots-saint-martin.fr), individual taxes page; State-to-Collectivité transfer of the 50 pas géométriques, as reported by Saint-Martin press, December 2020.