What is the Role of a Notaire in French Property & Real Estate?

Notaires in France are important people. While their role is steeped in legal matters, they differ from a solicitor. Often responsible for drafting contracts between parties, you may need to visit a Notaire for family or business matters.

Regular readers of our blog are more than likely to meet a Notaire for the first time when they buy property in France.

Is a French Notaire the Same as a Solicitor?

There are approximately 17,536 Notaires in France (October 2026), who are spread across the country. Unlike most other professions, they have a monopoly over their duties.

They are effectively civil servants and are charged by the Ministère de la Justice (Ministère de la Justice - justice.gouv.fr) with receiving all the “actes” and contracts that require a seal of authenticity, date assurance, safe-keeping and authentic copies.

They include the technical reports (DDT), the energy reports (DPE), the ERP (risks report), the compromis de vente, the acte authentique, and clearing any potential land issues with the SAFER or access rights.

When buying a house in France, the Notaire will prepare the final deed and obtain the property searches once your purchase offer has been accepted.

He will do all the necessary checks regarding the right to sell and the right to purchase. He will also check the property’s title to ensure it contains no clauses that could cause problems in the transaction or adversely affect the property’s value at the time of purchase or in the future. He will also ensure there are no outstanding mortgages on the property.

On the day of purchase, the Notaire will read the deed to both the buyer and the seller to ensure they agree, and will make any necessary amendments. At that point, the purchaser will transfer the money and receive the keys. After purchase, the Notaire registers the title deed with the Land Registry.

Can I Appoint My Own Notaire?

Many first-time homebuyers in France believe they need to work with the same Notaire as the seller. This isn’t the case; you are free to choose any Notaire you wish. If your French isn’t all that great, finding a Notaire who speaks English may be a priority; while most Notaires speak some English, in rural areas don’t be surprised if the local Notaire isn’t particularly fluent. 

In this case, it may be prudent to pay for an interpreter to attend any meetings you have with the Notaire. In many cases, it is sensible to seek legal advice in your home country to understand the implications of buying property abroad, and to start learning important property-related words.

Signing by Proxy or Power of Attorney

In France, granting a power of attorney to a Notaire, known as procuration, allows someone to act on your behalf during a property transaction or other legal matter when you are not physically present.

The Notaire prepares and validates this legal authorisation to ensure compliance with all legal requirements and protect your interests. With recent technological advancements, you can now sign power of attorney documents online using secure digital platforms. 

The Notaire will guide you through the process, ensuring that your digital signature is legally binding and that all necessary steps are completed correctly. This convenient option enables smooth, efficient transactions, even from a distance, providing clients with flexibility and ease.

Providing Family & Legal Services

In addition to fulfilling the legal obligations in house purchase transactions, the Notaire is also responsible for preparing acts between family members, such as inter-spouse transfers, gifts, wills, and inheritances. For example, if you wanted to name different owners in a shared ownership arrangement, the notaire can arrange the purchase en indivision.

He is also best placed (apart from your personal accountant, if you have one) to advise you on capital gains, property donations, and inheritance taxes. Furthermore, if two parties disagree on a business or personal matter, the Notaire can act as an independent arbitrator to help resolve the dispute.

The Notaire will charge fees for organising a property purchase, ranging from around 5% to under 1% for a simple transaction, depending on the total price. Notaire’s fees are subject to VAT and rise with complexity.

For example, if a mortgage is involved or the purchase is made through a Société Civile Immobilière (SCI), the fees will be higher.

How to Calculate the Legal Fees?

Notaries, as already stated, are also responsible for collecting stamp duty, registration taxes and disbursements. No matter how nervous you feel in the company of a Notaire, you shouldn’t be shy about asking upfront how much the fees will be. You can easily estimate the Notaire fees with our legal fees calculator.

Tackling Money Laundering with TRACFIN

Notaires play a crucial role in preventing money laundering by following French laws and regulations. They must comply with TRACFIN (Traitement du Renseignement et Action contre les Circuits FINanciers clandestins), the French anti-money laundering and counter-terrorist financing authority.

Notaires meticulously verify the identities of all parties involved in a transaction and scrutinise the source of funds to ensure they are legitimate. This involves checking the financial background of buyers and sellers, analysing financial documents, and identifying any suspicious activity.

If a Notaire detects potential money laundering or irregularities, they must report it to TRACFIN. This vigilance helps maintain the integrity of the French property market and ensures compliance with national and international anti-money laundering standards. 

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