How to create an SCI to buy real estate?

Are you considering buying real estate with several people (as a couple, family or between partners) and have you heard of the Civil Real Estate Company (SCI)? This legal structure is often popular to facilitate the management, transfer and financing of real estate assets. Discover in this article the key steps to create an SCI and the precautions to take before you start.

What is a SCI and why use it for a real estate purchase?

The SCI is a civil company whose purpose is exclusively the management and ownership of one or more real estate properties. Unlike a classic co-ownership, it offers a more flexible and protective legal framework. Its main advantages for purchasing a property are:

• Ease of management: Decisions are made at general meetings, avoiding the deadlocks of co-ownership.
• Simplified transfer: Shares can be transferred gradually (donation, inheritance) without selling the property.
• Protection of personal assets: In principle, the debts of the SCI do not bind the personal assets of the partners (unless a guarantee is given).
• Collective financing: Each partner contributes their share to the capital, facilitating the acquisition of a larger property.

The concrete steps to create an SCI

1. Drafting the bylaws

The articles of association are the founding act of the SCI. They must be drafted carefully, preferably by a legal professional, as they determine the operating rules (management, majority, transfer of shares, etc.). They must necessarily mention:

• The corporate name (name of the SCI).
• The registered office (administrative address).
• The corporate purpose (property management).
• The amount of share capital (free, but often symbolic like €1,000).
• The distribution of shares among partners.
• Management terms (appointment, powers, duration).

2. Deposit the share capital

The share capital must be deposited into a blocked bank account in the name of the SCI being formed. The bank issues a certificate of deposit of funds, necessary for registration.

3. Publish a notice of incorporation

A notice of creation of the SCI must be published in a legal announcement journal (JAL) of the department of the registered office. This formality costs approximately €150 to €200.

4. Register the SCI with the Trade and Companies Register (RCS)

The complete file (articles of association, deposit certificate, publication notice, declaration of non-conviction of managers) is filed with the competent Business Formalities Center (CFE) (usually the Chamber of Commerce and Industry). The registration cost is approximately €80 to €100.

5. Obtain the K-bis

Once registered, the SCI receives a K-bis extract, which is its official identity card. This document proves the legal existence of the company.

Key points to consider before creating an SCI

Choosing the management

The manager is the legal representative of the SCI. He/she may be a partner or a third party. His/her powers must be clearly defined in the articles of association to avoid conflicts. In principle, the manager may perform all acts of day-to-day management (signing leases, maintenance work), but important decisions (sale of the property, borrowing) require the consent of the partners.

Taxation of the SCI

By default, the SCI is tax transparent: rental income is taxed directly in the hands of the partners (income tax, under the category of property income). However, it is possible to opt for corporate tax, which may be advantageous for reinvesting profits or if the SCI owns several properties. This choice is irreversible and must be carefully considered.

Transfer of shares

The transfer of shares to a third party (non-shareholder) is subject to the approval of the shareholders (unless otherwise provided in the articles of association). This formality protects the family or friendly circle, but can complicate a quick resale.

Conclusion : faites-vous accompagner par un avocat expert

Creating an SCI is a legal operation that cannot be improvised. An error in the articles of association or a lack of knowledge of tax rules can have serious consequences (conflicts between partners, tax reassessment). To secure your real estate purchase project, it is strongly recommended to consult a avocat expert in real estate and property law. Maître Cécile Zakine assists you in drafting the articles of association, choosing the tax regime, and all creation formalities, so that your SCI is an effective and secure tool for your assets.

📅 Mis à jour le 06/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.