The fees of a notaire are regulated by the government
The fees of a Notaire are regulated by the Government, the remuneration of a Notaire is subject to a national tariff, and is imposed on all Notaires (decree no. 78-262 of 8 April 1978 fixed tariff fees for Notaries).
One has to distinguish however the different tariffs (sales, gifts, marriage contracts, inheritance….) for which the Notaire is paid and where any extra fees are forbidden, except under exceptional circumstances and prior authorisation from his registered Board of Notaries. Non-tariffed work is subject to a written agreement between the Notaire and the client where the fee is clearly detailed, as stipulated under Article 4 of the above decree.
What is the tariff of a Notaire?
The current tariff, regulated by the State, can be accessed at any time. A quote can be requested from their Notaire for the matter they wish him to handle. Once the matter has been resolved, the Notaire has an obligation to send you a detailed breakdown of the work carried out. The intervention or participation of a second Notaire in the matter in hand is understood as a joint file and does not increase the fee to the client. The fee will remain the same. The Notaire is, however, bound, from the beginning of a negotiation dealing with a purchase, inheritance, set up of a company, etc… to request advance fees for the expenses he will incur on behalf of the client whilst working on the file. These fees will normally be to be pay the disbursements (requesting mortgage charges, cadastral registrations…), certain professionals (surveyors, bailiffs, etc…) or for the Tribunal de Commerce (equivalent to the UK Company House) to request company registrations, etc… As a public officer, the Notaire collects, on behalf of the State and local authorities, a variety of taxes and charges (registration charges, Taxe Foncière, VAT, stamp duties, ….) which he immediately transfers to the Trésor Public (Tax authorities) these are included in the breakdown as “frais de Notaire” Notaire fees. Non-regulated fees – the Notaire can advise, consult third parties; this type of work will be on a fee basis subject to VAT and prior agreement from the client. The activities of a Notaire which, for example, can also be the drafting of Company Statutes, commercial leases, sale of a business, etc… have been de-regulated and consequently are charged on a non-tariff basis. These fees must be approved by the client beforehand and in writing.
What are the “frais de notaires” (Fees of the Notaire)?
The incorrectly named “frais de Notaire” are all the amounts paid to the Notaire at the time of the drafting of a deed. In reality, only a part of these amounts are fees. The remainder is paid into the Treasury for registration rights, taxes, charges due on the deed, or it is paid to the different administrations and professional organisations whose intervention is necessary.