The office

The Notary’s role and responsibilities

The sales deed of a property is the most common form of deed in the day-to-day practice of notaries.

Under French law, the involvement of a notary is compulsory. It is also essential because, although the sale may appear simple at first glance as it is based on a simple declaration of intent between vendor and purchaser, its implementation has become more complex over the years. It requires knowledge of the provisions of civil law, tax law, rural law, urban planning and construction law, etc.

The notary ensures that an effective contract is put in place, while paying particular attention to the concerns of both the vendor and the purchaser. He carries out a detailed study, from the opening of the file on, until the final formalities following the signature of the deed.

• He checks the legal status of the property, how it can be accessed, as well as any possible neighbourhood or planning constraints.
• He examines the title deeds in detail to identify any special rights or obligations: preferential rights, easements, interventions of co-owners, interventions of donees, etc.  
• He consults the property register to ensure that the owner is able to sell the property freely and that any possible mortgage registrations can be removed.
• He ensures compliance with the administrative and legal regulations applicable to the sale of each type of property by collecting all official documents (town planning certificate, alignment certificate, risk prevention plans, etc.) and compulsory papers (file of technical expert’s reports, co-ownership documents). He also pays the cost of these formalities to the relevant authorities.
• Moreover, when a deed of sale is signed, the notary collects land transfer taxes on behalf of the French State.