The role of the notaire

Anyone who buys property in France will deal with a notaire. Indeed, the use of a notaire is mandatory for real estate transactions in France. 

However, the notaire’s role is often misunderstood by foreign buyers, as there is no exact equivalent in US legal systems.

Notaires are senior legal professionals appointed by the French state and regulated by the Ministry of Justice. 

They are public officers whose primary function is to authenticate legal acts, including property transactions, giving them full legal force. A document signed before a notaire has the same authority as a court judgment.

All practicing notaires are highly qualified, having completed at least seven years of legal education and professional training. In formal correspondence and conversation, they are addressed by the title Maître, regardless of gender.

Independent and impartial

A notaire does not ‘act for’ either the buyer or the seller in the way a private lawyer might. As a public officer, the notaire is required to remain strictly impartial and to ensure that the transaction complies with French law.

At the same time, the notaire has a legal duty to advise the parties. This includes explaining the meaning and consequences of documents being signed, identifying potential legal or practical risks, and ensuring that the transaction reflects the parties’ intentions.

For example, during a property purchase the notaire carries out checks on ownership, planning status and legal title. If the property is in an area affected by known risks – such as flooding or other natural hazards – the notaire must inform the buyer. If issues arise that affect the viability of the sale, the notaire is also required to explain the available options, including whether it may be advisable to withdraw.

Notaires are bound by professional secrecy. Information disclosed to them in the course of their work must remain confidential, and breaches can result in serious disciplinary and criminal penalties.

What notaires do (and do not do)

Notaires specialize mainly in property and family law, and for many residents they will be the only legal professionals they deal with in France.

In addition to handling property purchases and sales, notaires deal with wills and inheritance matters, powers of attorney, marriage contracts and civil partnerships (Pacs). They can also advise on the legal structure of a business and issue official documents following a death, such as proof of inheritance.

Notaires may also sell property, particularly in cases linked to inheritance, and operate a nationwide property listings website.

They do not, however, represent clients in court or deal with litigation, criminal defense or disputes between private individuals.

During a sale

During a property sale, the notaire acts as a state-appointed legal officer whose role is to verify that the transaction is legally sound and that the buyer is fully informed. 

They will check the title deeds to confirm the seller’s ownership and identify any mortgages, charges, easements, or rights of way attached to the property. 

The notaire also reviews planning and zoning compliance, ensuring that any extensions or alterations were properly authorized and that there are no outstanding urban planning issues. 

In addition, they examine the full set of mandatory diagnostics, including the DPE (energy performance rating), asbestos, lead, electrical and gas safety reports (where applicable), and natural and technological risk statements. 

For apartments, they will review condominium documents, such as rules, recent meeting minutes, and information on shared charges or planned works. 

Finally, the notaire checks the seller’s tax and legal status and ensures all required disclosures have been made before preparing the binding sale documents.

Fees and costs

In property transactions, what are commonly referred to as ‘notaire’s fees’ can be misleading. In reality, the majority of the sum paid – typically around 80% – consists of taxes and duties collected by the notaire on behalf of the state. 

Around 10% covers administrative costs (débours), and only the remaining portion represents the notaire’s own remuneration.

Most notarial fees are fixed by regulation, meaning that the cost of a standard service will be the same whichever notaire you choose. For this reason, buyers should not expect to reduce costs by shopping around.

It is good practice to ask for a written breakdown of costs in advance, so you understand what you are paying and why.

Buying in English

French law does not automatically require a buyer to use a translator when purchasing property, but the notaire must ensure that all parties fully understand what they are signing. 

Buyers who do not speak fluent French are strongly advised to work with an English-speaking notaire, who can explain the documents and the process clearly as the legally binding texts are always in French. 

This is particularly important at the compromis stage, as the contract sets the framework for the entire transaction.

The official notaires’ website includes a directory that allows you to search for English-speaking notaires.

If the notaire considers that a buyer’s French is insufficient to understand the legal documents and their consequences, they can require the presence of a sworn translator (traducteur assermenté), particularly at the final signing of the acte de vente. 

A translator’s role is to provide an accurate verbal or written translation, not legal advice. Using a translator adds to the cost of the transaction, but it provides legal security and reduces the risk of disputes later based on a claim of misunderstanding.