lorem
Find a notaire
Directories

French notaire's fees

Because the french notaire fulfils a function of public interest, the remuneration for the notarial service is strictly regulated and is subject to a tariff. Clients are therefore guaranteed to pay a remuneration that is predictable and transparent.


Tariff of the Notary

Regulation

This tariff was fixed by the decree of the 8th of March 1978 and has essentially been amended four times: by the Decree of the 16th of May 2006, by the Decree of the 21st of March 2007, by the Decree of the 17th of February 2011 and finally by the Decree of the 26th of February 2016, the Decree of the 26th of February 2016 and the Decree of the 28th of October 2016 in order to meet the objectives of the Macron Act of the 6th of August 2015 (in particular Articles 50, 51 and 52 of its initial version under the chapter entitled “Conditions of exercise of the regulated legal professions”).

This tariff shall be updated on the 28th of February 2018 in accordance with its Article 1. This Order determines the tariffs of french notaires for a transitional period of two years between the 1st of March 2016 and the 28th of February 2018.

New regulation

Distinction

The following should be distinguished tariffed acts (sales, donations, marriage contracts, successions, etc.) for which the french notaire collects emoluments, and non-tariffed acts which are subject of free fees.


​​​​​​​What are notary fees?

Notary fees in France

The sum paid to the Notary, called commonly and improperly “Notary Fees” includes in reality :

  • Taxes (approximately 8/10ths of the costs, that go to the State and local authorities) : these are sums that the French notary must collect and pay to the State on behalf of their clients.
  • They vary according to the type of instrument and property.
  • Expenses (1/10th): sums that the Notaire disburses on behalf of their clients to pay the various parties in the transaction and/or the cost of the various documents, and to settle one-off expenses incurred at the clients’ request (e.g. certain travel costs).
  • The remuneration of the notarial service (1/10th).

Emoluments fixed and proportional

Emoluments may be proportional or fixed. In all cases, it is possible for you to know the tariff of the act you wish to conclude. To do this, you need to consult table 5 of the Annex 4-7 of the Code of Commerce to write down the reference number of the act concerned ; Then the Order of the 26th of February 2016 which refers to the Article of the Code of Commerce that it has created in its Article 2. This Article gives the tariff (proportional or fixed) applicable to this act. The acts being classified in ascending order, it is easy to find the act of which the pricing is sought.
Comment: This is the “Orders” section of the Code of Commerce, or an article number beginning with “A” created by Article 2 of the above-mentioned Order.

Examples of fixed emolument

  • Example 1: notoriety after death, I spot the act under the number 13 in Table 5.
    Then, I consult the Decree of the 26th of February. It gives the regulation applicable to the act which indicates number 13 in Article A 444-66 of the Code of Commerce. Created by Decree of the 26th of February 2016 - Art. 2
    “The notoriety (numbers 13 to 15 of Table 5) gives rise to the perception of: 1° A fixed emolument of €57.69 for a notoriety after death, verifying the testamentary disposition”… 
     
  • Example 2: Donation between spouses, I spot the act under the number 22 in Table 5.
    Then, I consult the Decree of the 26th of February. It gives the regulation applicable to the act which indicates number 22 in Article A 444-69 of the Code of Commerce. Created by Decree of the 26th of February 2016 - Art. 2
    The acts relating to donations between spouses (numbers 22 and 23) of the Table referred to in Article A. 444-53 give rise to the perception of the following emoluments: 
     

    NUMBER OF THE SERVICE PROVIDED 

    (Table 5 of Annex Article 4-7) 

    IDENTIFICATION OF THE SERVICE PROVIDED  EMOLUMENT
    22 Donation between spouses during the marriage €115.39


     

  • Example 3: posthumous mandate, I spot the act under the number 35 in Table 5.
    Then, I consult the Decree of the 26th of February. It gives the regulation applicable to the act which indicates number 35 in Article A 444-79 of the Code of Commerce. Created by Decree of the 26th of February 2016 - Art. 2
    The acts relating to the posthumous mandate (numbers 35 to 38 of Table 5 give rise to the perception of the following emoluments: 
    NUMBER OF THE SERVICE PROVIDED 

    (Table 5 Annexe Article 4-7) 
    IDENTIFICATION OF THE SERVICE PROVIDED  EMOLUMENT 
    35 Establishment of the posthumous mandate  115.39€


     

  • Example 4: Initial or amending Civil Solidarity Pact (PACS), I spot the act under the number 40 in Table 5.
    Then, I consult the Decree of the 26th of February. It gives the regulation applicable to the act which indicates number 40 in Article A 444-81 of the Code of Commerce. Created by Decree of the 26th of February 2016 - Art. 2
    The initial or amending Civil Solidarity Pact (number 40 of Table 5) gives rise to the perception of a fixed emolument of €192.31.
     
  • Example 5: Elements of formality that often accompany the execution of an act also vary for each act and their amount is similarly indicated in the article of the Code of Commerce created by the Decree of the 26th of February 2016 for the concerned act number.
    I consult Article A444-173 of the Code of Commerce. Amended by Decree of the 28th of October 2016 - Art. 11 Paragraph 3: Other various formalities
    The acts relating to numbers 212 to 219 of Table 5 give rise to the perception of the following emoluments:
    NUMBER OF THE SERVICE

    (Table 5 of Annex Article 4-7) 
    IDENTIFICATION OF THE SERVICE PROVIDED EMOLUMENT
    212  Authentic, enforceable copy , by excerpt €1.15
    213  Copy on a separate sheet of paper  €0.38 

Examples of proportional emolument

The proportional elements are calculated by applying the prescribed rate to the value set out in the act.

  • Example 1: donation accepted without distinction of line, I spot the act under the number 16 in Table 5. It gives the regulation applicable to the act which indicates number 16 in Article A 444-67 of the Code of Commerce. Created by Decree of the 26th of February 2016 - Art. 2
    The acts relating to an inter vivos donation (numbers 16 to 19 of Table 5) give rise to the perception of an emolument proportional to the value in full property (including in the case of reserved usufruct ) of the goods donated by each donator : 1° According to the following scale, concerning inter vivos donations accepted without distinction of line: 
    BASE BRACKETS  APPLICABLE RATE
    From €0 to €6,500  4,931 % 
    From €6,550 to €17,000 2,034 %
    From €17,000 to €60,000 1,356 % 
    More than €60,000  1,017 % 
  • Example 2: common real estate over-the-counter sale or transfer, I spot the act under the number 54 in Table 5.
    Then, I consult the Decree of the 26th of February. It gives the regulation applicable to the act which indicates number 54 in Article A 444-91 of the Code of CommerceCreated by Decree of the 26th of February 2016 - Art. 2
    The over-the-counter sale or assignment (number 54 of Table 5) gives rise to a proportional emolument, according to the following scale: 

    BASE BRACKETS  APPLICABLE RATE 
    From €0 to €6,500  3,945% 
    From €6,550 to €17,000 1,627% 
    From €17,000 to €60,000 1,085 % 
    More than €60,000  0,814 %

    Note: “The sum of the emoluments received by the Notary for the performance relating to the transfer of property or a property legislation may not exceed 10% of the value of said property or legislation” but cannot be below a threshold of €90.00. (Article R444-9 of the Commerce Code in its regulatory section). This threshold essentially concerns real estate transactions of low amounts, such as lands or properties located in rural areas, or common portions, cellars and parking spaces in urban environments.


Rebates

They are strictly regulated by Article A444-174 of the Code of Commerce created by Article 2 of the Decree of the 26th of February 2016.

When can a rebate be granted?

A rebate is only possible for services subject of a proportional tariffed remuneration when said services relate to acts above €150,000.00

Rebate rate and calculation basis

  • This rebate is set to a maximum of 10% applicable to the part of emoluments calculated on the base brackets of €150,000.00 or greater.
  • In some cases (offices, industrial units, social housing, “Dutreil” agreements, etc.), this discount is set to a maximum of 40% applicable to the part of emoluments calculated on the base brackets of 10 million euros or greater.

Decision

  • Subject to complying with this regulation and in his/her discretion, the Notary decides to apply or not by category of service a rebate at the rate and in the fields of his/her choosing.
  • This rate will be guaranteed to all clients of the office for any service of the same category. However, a rebate may not be negotiated between a Notary and his client.
  • The Notary must display in his office and publish on its website the rebates rates applied by category of acts and base brackets.
  • If he/she complies with this information requirement, the Notary may modify, for a new dossier, the rebates rates he/she offers.

What if several notaires are involved in the same service performance?

Each notaire applies to the client his/her rebate on the part of the emoluments to which he/she entitled.


Fees : For which acts?

The performance of services for acts which do not appear in Table 5 of the Decree of the 26th of February 2016 give rise to a remuneration freely agreed upon between the notaire and the client. We then talk of “fees”. (Article R444-16 of the Code of Commerce created by Article 2 of the Decree of the 26th of February 1976).
Examples: sale of business premises, commercial leases, acts of company, legal consultation.

Note: Since the 1st of March 2016, the real estate negotiation and transaction activities now give rise to the payment of fees . The same applies for client consultations relating to services which are severable from the preparation, drafting or execution of the act.

Obligation : The determination of these fees gives rise to an agreement signed between the notaire and his/her client.