What are the roles of French notaries in a property search, purchase or real estate sale in France ?

Do you want to rent, sell or buy a home in France with a hunter property ? Know that in France, the notary (notaire in French) plays an absolutely central and mandatory role in any real estate transaction, whether a sale or a purchase.

They are not simply a drafter of deeds, but a true advisor and guarantor of the legal security of the transaction.

Role n°1 of the notaire: guarantee the legal security of the transaction

This public official drafts and authenticates the deed of property sale, verifies all legal documents, secures the funds, registers the transaction with the land registry, and preserves the original deed. The deed carries the same legal weight as a final court judgment.

Verification of documents and ownership

Before the sale, the ministerial officer carries out all necessary checks: the seller's title, the property's mortgage status, any easements, pre-emption rights (e.g., those of the municipality), compliance with mandatory inspections, the parties' marital status, etc.

This ensures that the seller is the legal owner and that there are no disputes or hidden charges on the property.

Collection of funds

The notary collects the security deposit upon signing the preliminary sale agreement and the final sale price into an escrow account, thus ensuring the security of funds for both the buyer and the seller.

Publication of the sale

This public and ministerial officer handles all land registration formalities so that the transfer of ownership is officially recorded and acknowledged by all.

Document preservation

The notary preserves the original notarial deeds (the "minutes") for 75 years, thus ensuring their longevity. 

Role n°2: impartial advisory

The notary has a duty to advise all parties (buyer and seller), even if chosen by one of them.

They must inform of their rights and obligations, as well as the legal and tax implications of the transaction.

They can advise you on the various options (e.g., sale with a life annuity, division of ownership, etc.) and help you optimize your tax situation.

They are impartial and objective, ensuring the balanced interests of both buyer and seller.

Role n°3: management of administrative and tax formalities

The notary calculates and collects taxes related to the sale (transfer duties, VAT if applicable, etc.) on behalf of the state and local authorities.

They are responsible for discharging any pre-emption rights (for example, those of the municipality or a tenant).

They handle all the complex administrative procedures related to the transfer of ownership. In the case of a "classic" transfer, for example, the notary is required to file the authentic deed of sale, donation, inheritance or exchange with the land registry office. In the case of a transfer to a public authority or a transfer for which the capital gains tax cannot be paid in full, the notary must file the deed with the tax office responsible for the seller's domicile.

For further information: the BOFIP details the reporting and payment obligations of notaries regarding real estate capital gains. The document BOI-RFPI-PVI-30-40 - RFPI - Real estate capital gains - Reporting and payment obligations) explains in particular their role in calculating and collecting tax on these capital gains.

In summary, the involvement of a notary is essential and crucial to secure the purchase or sale of real estate in France, ensuring the legal compliance of the transaction, the protection of the interests of the parties, and the preservation of the deeds.

Comparison between the French, American and United Kingdom real estate sales and purchase processes

The French system is based on a centralized, minimally fragmented institution, with an impartial professional guarantor of integrity and legality.

In contrast, Anglo-Saxon systems rely on private actors, title insurance, centralized public registries, and often digital or administrative procedures, without the need to go through a notarial public official.

These differences imply divergences in costs, legal certainty, duration, and the nature of responsibilities.

Comparison table

Country	Role of the notaire (or equivalent)	Main functions	Who pays for it	Registration / validity / process	Main differences compared to France
🇫🇷 France	Civil notary (public officer)	Draws up compromise and authentic deed, checks titles, identities, charges, town planning; collects taxes, registers in the real estate file, keeps the original deed (and national after 100 years)	Usually paid by the buyer (~7–8% of the price including 5–6% taxes, ≈1% notary fees)	The authentic notarial deed is authentic and is immediately registered in the real estate register. The notary holds the original.	A single, impartial and mandatory professional for the transaction, centralizes all legal checks. No equivalent of conveyancing by private lawyers.
🇬🇧 United Kingdom	No civil notary is required. Each party hires a solicitor/lawyer; the transaction is managed through the conveyancers.	The solicitor/seller and the buyer's solicitor conduct due diligence, search (land registry), negotiate and finalize the contract, and complete the transfer via the Land Registry. No public reading before an officer.	Lawyer fees (~1–2% of the price), land registry fees; no notary fees.	The Land Registry is proof of title: the signature is witnessed by a solicitor, the deed is registered with the public register.	No unified and impartial figure like the notary: role fragmented between professionals, absence of public reading or authentic act, priority to the registered act.
🇺🇸 United States of America	No civil notary for real estate. Public notaries only certify signatures, not titles. The legal role is taken by attorneys, title companies, or escrow agents.	Title company searches title, produces title insurance; attorney or escrow agent coordinates closing, transfers funds, verifies legality.	Title insurance fees, closing fees (~1–2%), legal fees.	The title is secured through an insurance policy, and the transaction is recorded with the county recorder. The notarial deed has no central value.	Lack of mandatory, impartial public oversight. The system relies on title insurance and private professionals. No authentic deed drawn up by a public official.

Summary and key differences between the French process, British and American systems

In France, the civil notary is a public and impartial figure acting for the State, guaranteeing the regularity, legal certainty, authenticity of documents, the reading of the deed before the parties, official registration, and preservation of original documents. All legal verifications are centralized around this professional.

In the United Kingdom, there is no civil notary in real estate practice: the roles are divided between solicitors or conveyancers for the buyer and seller, and registration is done with the Land Registry. There is no publicly read authentic deed or notarial archiving.

In the United States, the notary public acts only to authenticate signatures; title verification is handled by a title company, and the attorney or escrow agent coordinates the closing. The title is activated through insurance, and registration is done locally.

FAQ about a real estate project with a French notary

Find answers to your questions about the role of a notary and related questions:

Can a notary seek a loan for one of his clients?

No, a notary cannot seek a loan for one of his clients.

Mortgage research and brokerage are regulated and specific activities carried out by intermediaries in banking transactions and payment services (IOBSPs), who must have dedicated licenses and expertise.

A notary has neither the vocation nor the necessary licenses to carry out financing research or advice on behalf of his clients. This would go beyond his legal responsibilities and could even create a conflict of interest.

Can a notary manage the rental of a french property?

Even if a notary is not specialized in renting second homes, he can also take care of it. 

A notary can manage a property rental, and this is governed by:

• General texts governing the notary profession, which allow them to act as an agent for property management;

• French laws specific to real estate and rentals, such as the Hoguet Law, the ALUR Law, and the Law of July 6, 1989, which define the rules and conditions for practicing this activity for all professionals, including notaries.

Does the notary have a role in the inheritance of real estate?

Yes, in France, the notary plays a crucial and often mandatory role in the inheritance of real estate. Here's a breakdown of their functions:

• Mandatory Involvement: if an inheritance includes real estate, or if the estate's value exceeds €5,000, the involvement of a notaire is legally required.

• Authentication and Legal Security: notaries are public officials appointed by the Minister of Justice. Their primary role is to authenticate legal documents, ensuring their validity, legal certainty, and enforceability. This is vital in real estate transactions, including those related to inheritance.

• Identifying Heirs and Establishing Rights: the notary is responsible for identifying and verifying all legal heirs, whether they are determined by French inheritance law or by a will. They also establish each heir's share of the inheritance.

• Inventorying the Estate: the notary compiles a detailed inventory of the deceased's assets and liabilities, including the valuation of real estate. This may involve engaging outside appraisers for complex properties.

• Drafting Essential Documents: acte de notoriété, attestation immobilière (or Certificat de propriété), etc.

• Settling Debts and Liabilities: before the estate can be distributed, the notary ensures that all outstanding debts and liabilities of the deceased are settled.

• Calculating and Paying Inheritance Taxes: French inheritance taxes can be complex. The notary calculates the applicable inheritance taxes and assists the heirs in making these payments to the French tax authorities.

• Dividing the Estate: the notary oversees the distribution of assets among the heirs, adhering to the deceased's will (if one exists) or French inheritance law if there is no will. If the property is in joint ownership (indivision) among multiple heirs, the notary can assist in the division (partage) of the property, if agreed upon.

• Advisory Role: notaries provide legal advice to heirs on various aspects of inheritance, including tax optimization, matrimonial regimes, and the implications of different types of property ownership.

What are the average timeframes for completing a real estate sale or purchase in France?

In France, the average timeframe for completing a real estate sale or purchase, from the signing of the preliminary sales agreement (compromis de vente) to the final deed, is approximately three months.

This period allows for legal checks by the notary, securing a mortgage, and processing any pre-emption rights.

How to find a good notary in France to sell or to buy a home ?

You can ask your real estate agent or search for one yourself using this directory of French notaries.

A map and a filter search system allow you to quickly find a notary. Ideally, choose a notary located in the area of your purchase if you already know where you want to go. 

Are you an English speaker or do you speak another language? A "spoken languages" filter also exists in this directory. Iddyl Property also knows bilingual notaries.

Do you have any further questions?

Don't hesitate to contact the French real estate agency Iddyl Property, which specializes in real estate for non-residents.

If you want to sell or buy a house with a french agency, you can also find answers to your questions on our French real estate blog and on this FAQ page.

For more informations about notaries or our french real estate agency, let's connect on LinkedIn, on Facebook and Instagram.