The role of a Notaire in France?

The role of a Notaire in France is often characterised as being nothing more than a glorified French tax collector. Whilst there is some truth in that, Notaires also provide some other essential services such as certifying wills and advising on Inheritance Planning, registering civil partnerships, drawing up deeds of incorporation for Companies, as well as writing contracts of sale for Companies and drafting commercial leases.

The Notaire (or Notary) is a French lawyer, trained specifically in French property law (or conveyancing). All property purchases in France must be conducted through a professionally licensed Notaire. But in addition, Notaires are also officcially appointed by the Minister of Justice in France to carry out official duties on behalf of the State, specifically calculating and collecting the relevant French property taxes and Inheritance taxes. 

 

The role of a Notary in France

A Notary is basically a specially trained property lawyer. The Notaire, unlike property conveyancing lawyers in other countries, is also responsible for calculating all the property taxes due.

As local representatives of the French state, Notaires are often seen by a lot of French people as being privileged functionnaires. But what is quite surprising is that the average Notaire only earns a median salary of €40,000 per year. So they are hardly 'coining' it in.

The other role of the notary is to advise the purchaser and vendor on specific items of contract law, French property regulations (such as boundary disputes) and other relevant issues, such as ensuring that you choose a suitable regime for buying in order not to fall foul of French inheritance laws and the potentially high inheritance tax.

When purchasing a property in France, you will need to provide the necessary proof of identity information and the Notaire will draw up the property deed documents. Upon completion of the transaction the Notaire has an obligation to collect all taxes imposed and to pay them over to the relevant authorities (see French Property taxes).

When buying an existing property in France, you should generally budget around 7–8% of the purchase price for taxes, Notaire fees and administrative costs, although the precise amount varies according to the property and location. These costs are commonly referred to as frais de notaire, but most of the money goes to the French state and local authorities rather than the Notaire.

The Notary is not solely concerned with property conveyancing. A Notaire is a person you would go to in France to register marriage contracts, as well as to draw up and administer wills, to advise on inheritance issues, as well as to document gift and asset sharing between spouses, children and other beneficiaries.

Notaires can also be used in France to authenticate and store business and commercial contracts, draw up business sale contracts, as well as to intervene in issues such as recording ownership of assets and commercial goods.

In addition, a Notary can be used by local government authorities in France to help draw up local planning laws and provide legal advice on the environmental protections and suitable uses of land (for building, leisure or community use).

 

Independent advice from a Notary

What is often not common knowledge is that house buyers in France can appoint their own Notaire to provide advice during the property transaction. This can be particularly useful if there are complicated land boundaries, discrepancies in the cadastre (French land registry maps), rights of way or other legal issues affecting the property.

The buyer and seller can each appoint their own Notaire, and the two will work together to complete the sale. Importantly, this does not normally increase the Notaire fees, as the regulated remuneration is shared between them.

For foreign buyers who are unfamiliar with the French legal system, having a Notaire of their own choosing can provide additional reassurance, especially if the transaction involves inheritance considerations, unusual ownership arrangements or complicated property boundaries.

 

Notary fees

Notaire fees are often misunderstood. When you purchase a property in France, the amount paid to the Notaire includes three main elements: property transfer taxes, administrative expenses and the Notaire's professional remuneration.

The Notaire's own fees are regulated and calculated using a sliding scale based on the property price. However, the largest part of the total purchase costs usually consists of taxes collected on behalf of the French authorities.

For an existing property, buyers should generally allow around 7–8% of the purchase price, although costs can be higher in some circumstances. For qualifying new-build properties, the costs are normally lower, at around 2–3%.

Your Notaire can provide a detailed estimate before you sign the preliminary purchase agreement. You can also calculate the likely costs using the official Notaires de France property purchase calculator.

 

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