The rate of notaries

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The new notarial deeds tariff came into effect on May 1, 2016. The remuneration of the notary has decreased, but it is only a small part of the "notary fees".

· What is a "notary fee"?

o The current expression "notary fees" refers to all sums paid to the notary during a sale, an inheritance, a share ...

o This is essentially (80 to 85%) of taxes that the notary collects on behalf of the State.

o Only 15 to 20% therefore come back to the office. The term "emoluments" refers to the remuneration of notaries when it is priced, that is to say fixed by the public tariff of the profession which applies to most notarial services.

o This tariff was modified following the "Growth" law of August 5, 2016.

· How are these emoluments calculated?

o Some are flat-rate, others are proportional to the amounts at stake: real estate sale, inheritance, donation ....

· Did the tariff of the notaries decrease?

o Yes, with the coming into effect of the new tariff, May 1, 2016.

o In addition to the general decrease of 1.4%, there is a specific measure for real estate sales involving small amounts. From now on, the remuneration of the notary can not exceed 10% of the selling price, with a minimum of 90 €.

o Thus, for the sale of a plot of land worth € 2,000, the fee will be only € 200, while the time required for the establishment of an act is often the same for a big sale.

o The notary will work at a loss, which is all the more damaging that the most affected offices are those who, in rural areas, maintain a local legal service throughout France.

· Can we now negotiate the tariff with his notary?

o No, the rate applies to all in the same way.

o However, the reform gives the possibility to notaries to grant a discount on their proportional emoluments, especially for real estate sales. The reduction is identical for all the clients of the office, who are informed by a poster and, where appropriate, by the website of the study.

o From a maximum of 10%, this rebate applies only on base tranches greater than 150,000 euros of the value of the property or the right.

o The gain for the customer is low: it will generally not exceed a few tens of euros.

o Another possibility of discount is foreseen for large-scale operations (more than 10 million euros), such as those led by local authorities or real estate developers.

· Some notary services are not priced?

o Indeed. Any service belonging to the competitive field gives rise to a free honorarium.

o Independent consultation of the execution of an act gives rise to a fee freely discussed between the notary and his client: for example, the establishment of a declaration of EWB, a balance sheet heritage ...

o Real estate transactions and negotiations, previously "tariffed", are no longer: each notary must determine and display his tariff, which will be the same for all his clients.

The notary's letter - N ° 69 -27.05.2016