Like any real estate, the sale of a property classified as a historical monument has its subtleties. Beyond the atypical character of the property, which can already be both an asset or a brake on sale, historical monuments are widely regulated to ensure their conservation and the maintenance of a heritage dear to the State. What are the specificities of a property classified as a historical monument? What are the advantages and obligations arising from the law that governs them? Here is the information to remember if you want to sell your classified property.
What is a listed monument?
The term “historic monument” now corresponds to an official label. This name is a special legal status that aims to safeguard exceptional properties in all their aspects: historical, architectural and artistic. There are two levels of historical monuments, classified sites and registered sites. Sites classified as historical monuments are protected by the Ministry of Culture for their influence at the national level. They belong partly to owners and partly to the French State. The properties listed in the inventory of historic monuments are protected by the Region and have a more local influence. Most of these assets are privately owned.
When we think of historical monuments, we systematically imagine old buildings such as cathedrals or castles. Nevertheless, more modern properties are classified or registered as historical monuments for their architecture or history. This is particularly the case for buildings designed by renowned architects. Properties classified as historical monuments have a number of constraints that make their specificity in the real estate sphere.
In addition to being sometimes difficult to maintain, classified properties are subject to rigorous legislation that requires time and patience from their owners. To carry out work, for example, the owner of a building classified as a historic monument must launch an often lengthy procedure. During this period, he will have to address many bodies: town hall, Ministry of Culture, regional directorate of cultural affairs, prefecture. Once the application is accepted, it will still be necessary to contact a company approved by the DRAC to work on buildings of this type.
Obligations related to the tax exemption scheme Historic Monuments
To benefit from the tax exemption system of the Historic Monument Act, a few conditions must be met. The first of all is obviously to have a property classified as a historical monument or registered in the inventory of historical monuments. The second rule, and probably the most important, is the obligation to conserve the property for a minimum period of 15 years. Then, the property must belong to an owner and not to a company, with the exception of family SCIs. It must not be put in co-ownership and, in case of work, it will be necessary to call on approved craftsmen under the supervision of an architect of the Bâtiments de France.
In summary, to sell a property classified or listed as a historical monument, an owner must have respected his 15-year conservation obligation. He is also obliged to inform the future purchaser of the condition of classified or registered monument and to notify the prefect of the sale of the property.
What steps to sell a property classified as a historic monument?
As with a prestigious property, the sale of a property classified as a historical monument begins with the evaluation of its market value. To make an accurate estimate, it is better to use a real estate agency specializing in the sale of exceptional property. You can also ask a notary if it is a succession. These real estate professionals have useful knowledge about the atypical property market in a given sector.
Once the market value estimated, the real estate agency is once again the privileged intermediary to ensure the sale of your classified property. This type of property is rare on the market, as it has features that can affect its attractiveness. You will therefore need to reach a specific network of buyers, especially among people whose income is highly taxed. A real estate agent specializing in the sale of exceptional properties will have all the cards in hand to accompany you in your sales project.
Taxation in the context of the resale of a property classified as a historic monument
Since 2009, and under Article 156 bis of the General Tax Code, a property classified as a historic monument subject its owner to a 15-year conservation obligation. If the resale of the property takes place at the end of this period, there are no tax consequences for the owner who is free to put this property up for sale. On the contrary, if the resale occurs before the end of this mandatory period of 15 years, the previously tax-free sums will be called into question, except in exceptional cases:
- dismissal;
- 2nd or 3rd category disability;
- death of the owner or his spouse.
In the absence of justification, the owner’s income, total or net land, for the current year as well as for the following two years, will be increased by one third of the sum of the expenses assigned in respect of the expenses incurred.
In the case of a transfer free of charge, there are no consequences provided that the heir follows the initial commitment for the remainder of his term from the date of transmission.