If you’re considering buying a property in France, it’s more than possible that you’ve come across the term ‘notaire’ as a legally required part of the transaction process.

Many international buyers assume a notaire is like a solicitor or lawyer, who works on their behalf. But in reality, the role they play is rather different.

Understanding what a notaire in France does (and equally what they don’t do) can help you avoid unwanted surprises and make sure your purchase goes smoothly.

 

What does a notaire do?

Simply put, a notaire is a public official appointed by the French state. Their main responsibility is to make sure the property transaction is legally valid and properly recorded.

Here are the main things they do:

• Draft property contracts, including the ‘compromis de vente’ (preliminary contract) and the ‘acte de vente’ (final deed of sale).
• Verify ownership and title, making sure that the seller has the right to sell the property.
• Collect any taxes and fees on behalf of the government (such as registration duties and notarial fees).
• Make sure the sale complies with French law and enters into public record.

It’s worth noting that the services a notaire provides aren’t free, and the costs associated with them are straightforwardly known as notaires’ fees.

This is typically a small percentage of the property price, varying depending on whether the property is new or resale. These fees cover legal work, taxes, and administrative costs, and are usually paid by the buyer at the time of completion.

 

What does a notaire not do?

It’s just important to know what a notaire won’t support you with, as this is where misunderstanding can happen. They do not:

• Negotiate price or contract terms on your behalf.
• Carry out surveys of the property (no checks for structural issues, damp, or septic tanks).
• Advise on whether the property is a good deal or smart investment.
• Work to specifically protect your interests, as they remain a neutral party – even if you chose them yourself.

Something else to bear in mind is that a notaire doesn’t help you move your money into France.

When you buy in euros but your funds are in pounds or dollars, for example, the timing and method of transfer can have a huge impact on your final cost. Using a currency specialist can save you time, stress and potentially thousands of euros.

 

How can buyers protect themselves?

With the notaire’s role being limited, many buyers choose to take a few extra steps to protect their interests:

• Use an independent property lawyer. If you’re after detailed legal advice, having a lawyer on hand who specialises in French property law can be invaluable. The Foreign, Commonwealth & Development Office (FCDO) even provides lists of English-speaking lawyers abroad to help Britons find the legal support they need.
• Arrange surveys and due diligence separately. Hire your own surveyor to check for structural problems, septic tanks, and boundaries.
• Plan your currency transfers early. Avoid leaving transferring funds to the last minute.

 

In any French property purchase, the notaire plays an essential role. But it’s important to keep front of mind that they’re not there to guide you the way a solicitor might elsewhere.

That means it’s up to property buyers to find any additional support they need with their purchase: seek independent legal advice, arrange surveys, and plan your currency transfers carefully. Do that, and you can move forward with confidence, knowing your purchase is secure.

 

This publication is provided for general information purposes and does not constitute legal, tax or other professional advice from Lumon or its subsidiaries, and it is not intended as a substitute for obtaining advice from the relevant professional services. We make no representations, warranties or guarantees, whether expressed or implied, that the content in the publication is accurate, complete or up to date.