Explainer: role of notaire in france and what to do if not happy

If you have ever bought or sold property in France (or even considered it), or needed some other form of legal paperwork in France, you are likely to have heard the word ‘_notaire_’. The

legal role is so specific and particular to France that we do not translate it into an English equivalent. The term ‘notary public’ exists in the UK, for example, but is a small and

little-known profession, and not really comparable. Otherwise, the jobs most often done by a _notaire_ are best compared to - for example - a family solicitor in the UK. Although _notaires_

are often referred to during property transactions, this is not their only role; they can also help with marriage or Pacs paperwork, wills, inheritance, ID queries, and more. Some of their

work charges fees at rates fixed by the state, while other aspects may have variable costs, especially when it comes to giving general advice rather than performing set tasks such as drawing

up property deeds, or a will. READ MORE: 13 THINGS YOU CAN DO THROUGH A FRENCH NOTAIRE APART FROM BUY A HOUSE WHAT CAN I EXPECT FROM A NOTAIRE AS A CLIENT? One of the major differences –

compared to, for example, a high street solicitor in the UK – is that as well as being professionals with their own practice, they are public officials delegated by the state. This means

that they are subject to several national laws and obligations. However they are personally liable for all their professional activities. They have a duty of rigour when it comes to legal

requirements, especially when it comes to ensuring authenticity and legal accuracy in the content and form of the_ actes notariés_ (official deeds) they draw up. They must also advise their

clients ethically and competently on the relevant laws. Clients can expect their _notaire_ to explain the various options available to them, and the consequences and obligations of the deeds

they are about to sign. For example, during a property transaction, the _notaire_ will make sure that the buyer is aware of the implications of the property having a septic tank, asbestos

in the roof or a poor DPE energy performance diagnostic. While they have a duty to their client they must also remain legally neutral and impartial. They are also bound by professional

secrecy. Anything said in confidence to _notaires_ in the course of their duties must not be disclosed by them to a third party under any circumstances. If they break this rule they can be

punished by criminal and disciplinary sanctions, and may also be liable for damages. HOW MUCH DO _NOTAIRES_ CHARGE FOR A PROPERTY TRANSACTION? On agreeing a property transaction, _notaires_

add a fee commonly referred to as the _frais de notaire_ to the sale price, which is mandatory and regulated by the state. The _frais de notaire_ fee, which is state-regulated, comes to

around 7-8% of the sale price on older properties and 2-3% on new properties. Most of it goes in a property sales tax called the _taxe de publicité foncière_, which is divided between the

commune, the department and the state. To be precise, about 80% of this fee goes to the state in taxes. Another 10% is their actual fee for their work. A further 10% is used by the _notaire_

to pay the various costs incurred in administrative formalities. The _notaire_’s own fee for the work is also state-regulated and is set at 0.799% for a sale worth over €60,000. Once the

taxes have been paid, the _notaire_ passes on the remainder of the sale money to the seller, which can take several months. WHAT RESPONSIBILITIES DOES A NOTAIRE HAVE? The ethics of the

position are fundamental to the practice, and are the basis for the trust placed in the _notaire_ by their clients. They have both duties and obligations, as defined in the Règlement

National du Notariat. _Notaires_ can be liable in three different ways if they are found lacking. * CIVIL LIABILITY Any negligence on the part of the _notaire_ in drawing up the deeds or in

the checks they must undertake, may result in their liability claim. To cover this, _notaires_ are protected by professional civil liability insurance, and a collective guarantee. * CRIMINAL

LIABILITY A _notaire_ may be held criminally liable if they have knowingly used inaccurate facts. For example they could be charged with ‘forgery of a public document’. * DISCIPLINARY

LIABILITY Unlike criminal proceedings, which relate to a breach of the country’s law, disciplinary proceedings are admissible for breaches of ethical rules within the profession itself.

Disciplinary action is independent of criminal proceedings, and is overseen by the public prosecutor and the president of the regional council or interdepartmental Chambre de Notaires. WHAT

CHECKS ARE NOTAIRES SUBJECT TO? _Notaires_ are subject to strict professional inspections that are designed to ensure the rigour of their legal activities and financial accounts. Each

notaire office receives an unannounced visit from an inspector at least once a year. The inspector will check their legal handling of cases, and the office's accounts. They will then

submit a report to the disciplinary board president (_président de la chambre de discipline_) and the public prosecutor (_procureur de la République_). There are two types of inspectors: *

‘INSPECTOR-_NOTAIRE_’ (_NOTAIRES-INSPECTEURS_): A _notaire_ who practises outside the department of the office being inspected (to avoid any bias). * ACCOUNTANCY INSPECTORS (_INSPECTEURS DE

COMPTABILITÉ_): Financial investigators, including chartered accountants and statutory auditors. If they find any irregularities, they must immediately notify the profession's

disciplinary bodies and the judicial authorities. These inspectors are also criminally liable for the thoroughness of their inspections, and must ensure transparency and impartiality. WHAT

CAN I DO IF I AM UNHAPPY WITH MY NOTAIRE? If you have tried to resolve the issue with your _notaire_, and they either do not reply or do not reply to your satisfaction, you can refer them

to: A European directive of May 21, 2013 (which became French law on August 20, 2015), gives all consumers “the right to have recourse free of charge to a consumer mediator with a view to

the amicable resolution of a dispute between them and a professional”. * THE PRÉSIDENT DU CONSEIL RÉGIONAL DES NOTAIRES (_Notaires_’ regional chamber), or the Chambre interdépartementale des

notaires (inter-departmental chamber of _notaires_): These are professional bodies that oversee the profession. You can send a complaint by post, e-mail, or website form to the president of

the organisation within your notaire’s jurisdiction. You will usually receive acknowledgement of the complaint once it has been received, and, if the president allows, you may be summoned

for a meeting to help settle the matter. If this fails you will be offered an appeal, or the case may continue to liability proceedings. You can find contact details for your relevant

president on the LIST OF CONSEILS RÉGIONAUX or the CHAMBRES INTERDÉPARTEMENTALES DES NOTAIRES website. RELATED ARTICLES HOW DO I CHANGE NOTAIRE IN FRANCE IF I AM DISSATISFIED WITH SERVICE?

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