Understanding the role of the notary when buying or selling a property in France

If you are looking to buy or sell property in France, understanding the notary’s role is essential, especially if you are navigating French property law for the first time or are an international buyer new to the process. It is important to note that the notary (or notaire in French) is not just another legal formality; and alongside your agent, they are a key figure whose role is to ensure your sale or purchase is secure, compliant, and legally sound.

When purchasing or selling property in France, normally you will meet your notaire after the acceptance of an offer to ensure the legality of all documentation before starting the wider process of sale or purchase. A seller may choose to inform their notaire of their intention to sell the property before instructing an agent, especially if they wish the notaire to take on further legal responsibilities during or after the sale, for example, signing documents on your behalf.

Acting as the gatekeeper to achieving a smooth and secure property sale, the notaire is a public official appointed by the state who acts as a neutral legal expert receiving a set fee to oversee the transaction for one or both parties. As a buyer, you can instruct a second notaire at no extra cost. If two parties are used, the fee is split between the the buyer and seller. International clients may choose to instruct a notaire who speaks their native language for added clarity and peace of mind.

The notary handles the legal backbone of the sale. From verifying the seller’s ownership to registering the property in your name, they ensure:

- There are no debts or claims on the property

- The seller is legally entitled to sell

- All contracts are compliant with French law

- Taxes and official fees are properly paid

Next to your real estate agent, your notary is your closest ally in the sale or purchase process as they are trained to spot any legal issues or irregularities early in the process, clearly explain any documents and the future ramifications of a decision, plus advise on ownership structures, inheritance law, and taxation in addition to a wider overview of the legality of the transaction.

Of course, a fee is due for this vital and often time-heavy role. Buyers typically pay notary fees of around 7–8% of the purchase price (mainly for older properties). However, only about 1% of this goes to the notary as income. The rest covers taxes, registration fees, and disbursements to the French state. So, when the phrase “notary fees” is mentioned, understand you are mostly paying government costs not the notary directly. Please note that new build development properties incur lower overall fees, but the notary receives the same figure for their work.

Whether you are buying a city centre apartment or chic waterfront villa, countryside home or ski chalet of your dreams, your notary is one of the most important people in the process. They make sure your investment is safe, fair, and official and thus offer ultimate peace of mind.

To learn more about the process of buying or selling a property in France, consult our free guides which offer insight into everything from the step-by-step process, documents required, applicable taxes and how to present your home for sale.

This information is provided as an initial guide to demystify the process of buying or selling a home and we strongly advise you to seek independent advice as to the particularities of your situation. However, we would be delighted to assist you further if you have any questions or queries. Do not hesitate to contact our multilingual team of professionals to start your search today.