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The Role of the Notaire

Verified 2026-091 official source

Not the equivalent of your attorney

The notaire is a public official who alone can draft the authentic deed that transfers real estate in France. That is fundamentally different from a US real estate attorney, who represents one side of the transaction.

A notaire represents the transaction itself. They are legally obliged to protect both parties equally, which means nobody in the room is advocating for you specifically.

What they do

  • Draft and register the preliminary contract and the final deed
  • Verify ownership history and title
  • Check for liens, mortgages, easements, planning restrictions and the local authority’s pre-emption rights
  • Hold your deposit in escrow (séquestre)
  • Register the sale with the land registry
  • Collect and remit transfer taxes to the state and local authorities

A notaire is required for every sale regardless of price. Buyer and seller may each appoint their own: the two collaborate on the file and split the single regulated fee between them, so a second notaire does not increase the total cost.

Where the notaire stops

On a financed purchase the notaire coordinates the release of your mortgage funds and registers the bank’s security interest (inscription hypothécaire). They do not arrange the loan — that stays between you, your bank and any broker.

They also give neutral legal information to both parties. Useful, but it is information, not advocacy: expect an accurate answer to what you ask, not a warning about what you did not think to ask.

What it costs

The notaire’s core fees (émoluments) are set by government decree and are not negotiable. They are a regulated scale that falls, as a percentage, on higher price brackets.

Only a small fraction of what people call “notaire fees” is the notaire’s own income: around 80% is transfer tax collected for the state, département and commune. Disbursements — land registry, searches, civil-status extracts — run about €900–1,400, plus a security contribution of 0.10% of the price. The notaire’s own regulated fee typically works out to roughly 1% or less — about 10–15% of the total.

The scale is degressive, so the percentage is higher on cheaper property. The current schedule was reconfirmed by ministerial order in February 2026 and runs through February 2028. An official simulator is published at immobilier.notaires.fr.

Official · notaires.fr