Frequently asked questions about Le rôle du notaire

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I asked my notary for the cost of a donation deed concerning a real estate property. The amount he quoted does not match the fee schedule I found in the French Commercial Code. Is this normal?

Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…
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My father has passed away. The notary handling the estate has only provided me with a copy of the will and informs me that he does not have the original, which is held by another notary. Is this normal?

Yes. The original of a will is kept by the notary who has custody of it, meaning the one who received it and filed it among his official records (Article 1007 of the French Civil Code). The notary you have appointed to handle the estate therefore only has a copy.
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I purchased an apartment a year ago. Before my purchase, the co-owners allocated common parking spaces among themselves, but the deeds were not registered. Are these decisions enforceable against me?

Yes… but. The new allocation of parking spaces should have been formalised through an amendment to the descriptive statement of division, which must normally be registered with the Land Registry (Law No. 65-557 of 10 July 1965, Article 13). If it was not registered, this amendment is enforceable against you…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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