The Notaire

The Notaire is a public official who is appointed by the French state. His duties and fees are prescribed by law. In most property transactions the Notaire acts for both parties although it is possible to arrange for two notaires – one acting for each. In most circumstances such an arrangement would not be necessary. The notaire is there to ensure that everything has been carried out in accordance with the law and under the terms of the Compromis de Vente and to look after the interests of both the purchasers and the vendors. He or she is not there to protect you from your own folly but he (or she) will ensure that you get good title to the property and that any conditions set in the purchase agreement have been fulfilled.

All French property is freehold and all property is registered. Ownership of a house or land is determined by the registration and not by title deeds. While ownership is clear, the boundaries of a property may not be. If an exact plan of the property is not available or you are purchasing a sub-division of an existing registered property then the notaire will call upon the services of a surveyor (geometre) to map the boundaries and, if required, to obtain new land parcel numbers.

In all probability your agent will propose a notaire who he or she has used before for similar property purchases. The choice of notaire will not affect the fees – ask your agent to recommend one who is used to dealing with English speaking purchasers in France. If the vendor insists on a particular notaire then, subject to your agent's advice, there is probably no reason not to agree.

Notaires in France are currently required to ensure that all purchasers thoroughly understand the nature and terms of the agreements they enter into. In theory this should mean that the notaire should take your language skills into account and if necessary arrange for a translator to be present for the eventual completion (Acte de Vente).  Estate Agents specialising in the sale of property to English speaking clients will normally attend the completion and ensure that a translation is provided.

In practice if you are properly prepared for the big day then it is there to be enjoyed not feared – fluent French or not.

Completion usually takes place in the notaire's office and all parties gather together, unless they are unable to be present and have signed a Power of Attorney giving someone else authority to sign on their behalf.  The notaire reads out the conveyance deed based on the historic preumption that no-one else has the ability to read or write (which was the origin of the notaire's profession as a note-taker) and the whole process, including looking at the plans and making any final amendments to details, will normally take around an hour.