In France, notaires are not only qualified lawyers, such as English Solicitors, but also public officers. Appointed by the Minister of Justice to act on behalf of the State, their duty is to the ‘transaction’ involved and to ensure everything is done legally and registered properly.
Notaires are empowered to authenticate deeds with their seal and signature, officially witnessing the wishes expressed by the parties involved and providing a personal guarantee of the deed’s contents and date. This action gives a deed the legal status of a final judgment which cannot be challenged in court without involving a highly complex procedure, thus ensuring robust legal security.
Notaires are directly responsible for the deeds they receive and for any monies entrusted to them, and the Chambre des Notaires guarantees their services.
Notaires can operate in almost every area of law. They have a monopoly in matters relating to purchases, sales, exchanges, co-ownerships, land plots, leases, mortgages and inheritance. Their remit also covers company law, countryside law, local authorities, etc.
The key role of a notaire is to ensure every client fully understands their rights and obligations under the deed, authenticate the deed and the transfer of funds, and register the deed with the various public authorities and land registry. Upon completion of a transaction, they have an obligation to collect all taxes and pay them to the relevant authorities. Finally, they deliver authentic copies of the deeds and retain the original document for 75 years.
How much do notaires cost?
The professional fees of all notaires are generally fixed by decree and, therefore, are identical to each other. For a purchase, their fees are usually around 1% of the purchase price and are exclusively paid by the purchaser. If more than one notaire is involved, the fees are split between them.
The notaire also collects all taxes payable for the transaction (generally around 6% for a purchase) and pays them to the relevant authorities.
Each party is free to choose their own notaire and whilst it is usual for a single notaire to deal with a transaction, the buyer can instruct a second notaire to represent his interests should he wish.
Why do I need to instruct a solicitor if a notaire is already instructed?
Before committing to a purchase, it is always wise to take legal advice from a lawyer in your own country who is familiar with French procedure.
As an international purchaser, your requirements and general approach may not necessarily be familiar to a notaire as they can differ greatly from those of a French purchaser. In particular, this applies to inheritance matters. Moreover, language differences may be an issue when attempting to communicate your objectives in buying a property.
The role of an English notary public
A notary is a qualified lawyer appointed by the Court of Faculties of the Archbishop of Canterbury and subject to regulation by the Master of the Faculties. Required to adhere to rules similar to those followed by solicitors, notaries must keep clients’ money separately from their own and comply with stringent practice rules, in addition to codes of conduct and discipline. Practising certificates must be renewed every year, and this can only be done provided that the notary in question has complied with the rules.
Functions
Notaries deal with the authentication and certification of signatures, authority and capacity relating to documents for use abroad. They can conduct general legal practice that does not involve the conduct of court proceedings. This generally translates as conveyancing and probate, and they may exercise the powers of a Commissioner for Oaths. Most notaries public, excluding Scrivener Notaries, are also practising solicitors.
The Faculty Office
Among its other duties, the Faculty Office is the administrative body with responsibility for the governance of notaries. The Registrar oversees the training and qualification of notaries and is responsible for issuing the faculty certificate and annual practising certificate that enable them to practise.
To speak to someone with an expertise in French law, get in touch with our French law team who can advise you on a number of things including property, estate administration and litigation in France.
