Role of the notary in real estate purchases: complete guide

Role of the notary in real estate purchases: complete guide

Introduction

The intervention of the notary is an essential step during any real estate purchase in France. A public and ministerial officer appointed by the Minister of Justice, the notary secures the transaction, guarantees its legal validity and protects the interests of both parties. Its role goes beyond the simple drafting of deeds: it supports the buyer and the seller from the first discussions until the handing over of the keys. Understanding their missions allows the buyer to anticipate the procedures, control deadlines and optimize the overall cost of their acquisition. This article details the legal obligations of the notary, their concrete missions and good practices for collaborating effectively with them.

The notary, guarantor of the legal security of the transaction

The notary acts as a public officer delegated to the authority of the State. In accordance with Ordinance No. 45-2590 of November 2, 1945, he confers authenticity on the acts he draws up, which gives them enforceability and a certain date. When purchasing real estate, this authentication is mandatory for any transfer of ownership, under article 4 of the decree of January 4, 1955 relating to land registration.

Before signing, the notary carries out in-depth checks: the seller's property title, absence of mortgages or hidden easements, urban planning compliance of the property (urban planning certificate, urban right of pre-emption), compliance with mandatory technical diagnostics (DPE, asbestos, lead, termites, ERP). He also ensures the legal capacity of the parties to contract.

The concrete missions of the notary during the purchase

The concrete missions of the notary during the purchase

The notary's interventions take place in several stages. He first draws up the compromise or promise of sale, a document which sets the final conditions of the transaction. During the 10-day withdrawal period provided for in article L.271-1 of the Construction and Housing Code, the purchaser may withdraw without penalty.

Between the compromise and the authentic deed (generally 2 to 3 months), the notary collects the mandatory documents: mortgage status, certificate of civil status, tax situation of the property, co-ownership documents if applicable (article L.721-2 of the CCH). He also calculates the transfer rights for consideration (around 5.80% of the price for the old one) and prepares the final act.

On the day of signing, he reads the authentic deed, collects the funds, hands over the keys and publishes the sale to the land registration service in the month following signing.

Notary fees and costs

Contrary to popular belief, “notary fees” do not accrue entirely to the notary office. They are broken down into three parts: duties and taxes (around 80%), paid to the State and communities; notary fees (approximately 10%), regulated according to decree no. 2016-230 of February 26, 2016; and disbursements (costs advanced to obtain documents and certificates).

Since the Macron law of August 6, 2015, notaries can grant a discount of up to 20% on their fees for transactions above 100,000 euros, which deserves to be negotiated.Since the Macron law of August 6, 2015, notaries can grant a discount of up to 20% on their fees for transactions above 100,000 euros, which deserves to be negotiated.

Practical examplesExample 1 – Purchase of a condominium apartment in Lyon ⬥⬥⬥: For an old property at €350,000, the purchaser signed a compromise with his notary. He detected a right of way not initially mentioned and had the price of €8,000 renegotiated, avoiding a subsequent dispute.

Example 2 – Acquisition of new property (VEFA) ⬥⬥⬥: During a sale in a future state of completion, the notary verified the financial guarantee of completion from the developer (article L.261-11 of the CCH) and secured the calls for funds in installments according to the progress of the work.Example 3 – Purchase with bridging loan ⬥⬥⬥: The notary coordinated the lifting of the old mortgage and the establishment of the new guarantee, allowing a synchronized signing of the two operations.

Conclusion

The notary is much more than a simple drafter of deeds: he is a neutral legal advisor who secures your entire real estate project. Choosing your own notary (free of charge, since the fees are shared between the two firms in the event of dual representation) allows you to benefit from personalized advice. Do not hesitate to consult it before the compromise to anticipate tax, property or inheritance issues linked to your acquisition.