Let me explain what a notaire is and what they do – and also why you CANNOT avoid them even if you try!
The role of notaire is pretty unique to France. Notaires are public officials with a role that blends legal expertise and a quasi-judicial function. They are appointed by the state and have a duty to serve the public impartially – and they also collect taxes!
French notaries draft and authenticate contracts, especially those related to property sales, marriage contracts and wills. Their primary function is to ensure that documents are legally sound and properly executed in accordance with French law and tax regulations. So the role sits somewhere between a notary and a solicitor. In contrast, lawyers (in French they are called “avocats”) represent clients in court, provide legal advice, and handle litigation.
The system of notaries in France has deep historical roots, in the Roman system thousands of years ago, and it was significantly formalized in 1804 by Napoleon, when he introduced a standardized legal system. His “Code Napoleon” sets clear rules and procedures for legal matters and establishes the notaire as a key player in the country’s legal system. This system helps streamline legal processes and provides a reliable method for handling important legal transactions. This Code is still the foundation of the French legal system to this day.
It is a civil law Code – which is distinct from Common law. Civil law is codified in a systematic and comprehensive manner. The legal principles and rules are primarily found in written codes and statutes. Civil law systems are associated with continental Europe with many countries influenced by Napoleon in a legal sense, like Belgium for example.
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Most of the time you meet a notaire when you are buying or selling property. In fact, you cannot complete a property purchase without the involvement of a notaire.
There are 4 reasons why notaires are central to the property transaction process in France: legal authenticity, due diligence, registration and taxes:
Firstly, the notaire ensures that the sale contract is legally binding and properly executed. They authenticate the transaction. That’s legal certainty and protection for both parties.
Then, the notaire conducts thorough checks on the property, including verifying ownership, checking for any encumbrances, and ensuring that all legal requirements are met.
Also, the notaire is responsible for registering the property transfer with the French land registry, which is essential for the buyer to officially own the property.
And finally, the notaire handles the payment directly to the tax authorities of applicable taxes and fees related to the property transaction, ensuring that all financial aspects are correctly managed.
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About property transactions, let’s clarify an important thing here! French notaries don't “act” for you, and they won't give you any legal advice unless you specifically ask for it. Rather, they serve as a “neutral party” when it comes to guaranteeing the validity of contracts and registering the sale.
So, if you want someone representing your personal interests specifically, someone to look over legal documents and offer you individualized advice – then you will need to hire another notaire or lawyer for this purpose!! As a matter of fact, you can choose your own notaire in addition to the other parties’ notaire in a single transaction – and it will not cost anymore!
Another frequently misunderstood fact about French notaries within the property-buying process is the so-called “notary fee,” which can run into thousands of euros. Because despite its name the notaire does not keep all of this fee. He only keeps 10% of it to pay for his services, and he acts as a tax collector for the rest, passing 90% of it to the French Treasury. So you need to know that in truth this fee is really a form of property tax, similar to stamp duty in the United Kingdom!
As a matter of fact, you also need to know that pretty much all the fees charged by French notaries are set by the government through a regulated fee structure. For example, standard fees to draw up a will range from €113 to €136.
Now! beyond property transactions, you will need a notaire to “formalize” the contract if you decide to draw up a marriage contract or prenup before getting married or signing a civil partnership, or in matters of estate planning and inheritance. You may also use a notaire to draw up a will or a power-of-attorney, or if you are adopting a child.
Voilà!! Now you know the basics about notaires in France! To learn more, listen to the 4 upcoming videos in this “Legal series” of the “French Real estate Minute.”
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If you want a (free) chat to discuss your project (or your situation or… problem) reach out pierre@frenchproperty.coach or +33 6 8434 8892 (I’m on WhatsApp). RCS Nimes 533018321, carte prof. CPI30022018000032895.
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