What Is a Notary and Why Is Their Involvement Mandatory?
A document drafted between private individuals, known in legal terms as a “private deed,” can be challenged before a court.
In contrast, a notarized deed offers a much higher level of legal security due to:
- Its evidentiary force. Its content is presumed accurate, and it can only be challenged through a specific legal procedure known as “forgery proceedings.”
- Its enforceability. In the event of non-payment, the creditor can enforce it without going through a judge.
This is what justifies the use of a notary, and why their involvement is mandatory for the most significant civil legal acts.
Unlike a lawyer, a notary secures the transaction for all parties involved: seller, buyer, heirs. A notary does not act as an advisor for one party against another.
This impartiality is the counterpart of their status as a public officer, holder of the state seal.
What Is the Role of a Notary in a Real Estate Transaction?
The notary’s role spans several stages, including the preliminary agreement and the final deed registration.
Preliminary Agreement
The notary drafts or reviews the preliminary sales agreement. For example, they ensure that the suspensive conditions are fair to the buyer.
These clauses allow the buyer to withdraw from the sale if certain conditions are not met (such as obtaining a mortgage or the absence of major easements).
The notary also reviews who pays for the preliminary sales agreement. The common practice is for the buyer to bear the costs, but this allocation is not fixed.
Legal Due Diligence
Between the preliminary agreement and the final deed, the notary carries out a series of checks that ensure the security of the transaction:
- Title deed verification,
- Mortgage status,
- Urban planning regulations,
- Easements,
- Municipal pre-emption rights, meaning the local authority’s right of first refusal to purchase the property.
The clearance of pre-emption rights (official notification to the municipality, which then has a period to exercise or waive its right) can sometimes be mishandled. Without proper verification by the notary, the municipality may later assert its right to purchase the property even after the sale.
Signing the Authentic Deed
On the day of the sale, the notary reads the entire deed, collects signatures, receives funds, and transfers ownership.
Each sale generates fees, which the notary anticipates at the preliminary agreement stage and communicates to both parties.
After the Sale
The notary registers the deed with the land registry office. This publication makes the transfer of ownership enforceable against third parties, meaning it is legally recognized and cannot be challenged.
They then transfer the transfer duties collected from the buyer to the state and local authorities.
How Much Are Notary Fees?
For existing properties, notary fees represent 7–8% of the property price, compared to 2–3% for new builds. The difference is mainly due to transfer taxes, which are significantly higher for existing properties.
The law allows a discount of up to 20% on notary fees for transactions above €100,000. For more details, see our guide on negotiating notary fees.
The term “notary fees” is commonly used, but in reality around 80% of the amount corresponds to taxes paid to the state and local authorities.
The notary’s fees, meaning their actual remuneration, represent about 10% of the total. They are set by a regulated national tariff, identical for all notaries.
The remaining 10% covers disbursements, including administrative documents such as planning certificates, mortgage statements, and cadastral records.
Can There Be Two Notaries in a Real Estate Transaction?
Yes, this is common practice. In a sale, the notary is usually chosen by the buyer. However, the seller is free to appoint their own.
When each party appoints their own notary, both professionals act jointly: one drafts the deed (the “instrumenting notary”), while the other oversees it on behalf of their client.
Fees are shared equally between the two offices, with no additional cost for the parties.
Inheritance, Gifts, Wealth: Other Areas of Notarial Practice
A notary’s role extends beyond real estate transactions. Two key areas are particularly relevant for property owners.
Wealth Transfer
A notary is required in all inheritance matters. They establish the certificate of inheritance, which identifies the heirs.
They also settle the estate, calculate taxes, and organize the distribution of assets.
For example, when a family apartment is part of an estate with multiple heirs, the notary:
- Values the property,
- Determines each heir’s share,
- Drafts the deed of partition or sale according to the parties’ wishes.
Without their involvement, no real estate transfer is legally possible.
Wealth Structuring
Notaries also play a key role in common wealth structuring arrangements such as SCI formation, ownership dismemberment, and inheritance anticipation through gifts.
For example, they are authorized to structure a usufruct arrangement. This allows parents to transfer bare ownership of a property to their children while retaining usufruct. This significantly reduces the taxable base for gift taxes.