What is a notaire, actually?
A French notaire is a public official appointed by the Ministry of Justice. Every property sale in France passes through one: the notaire authenticates the deed, guarantees the transfer of title, and collects the taxes. Unlike a solicitor back home, the notaire acts for the transaction itself, not for you or for the seller. That one difference explains almost everything that surprises English-speaking buyers.
A guide by John Newman Prentice, English-speaking estate agent at Orpi Les Carmes, Toulouse. Legal basis: Ordonnance du 2 novembre 1945 and Décret n° 71-941.
The notaire is not your solicitor.
Most surprises come from expecting the notaire to behave like the professional you know from home. Here is how the roles actually compare.
| Country | Who handles it | Whose side they are on | How they are paid |
|---|---|---|---|
| France | The notaire, a public official | Neutral: guarantees the transaction and the state's taxes, not one party's interests | Fees set by the state; two notaires share the same fee at no extra cost |
| United Kingdom | Solicitor or conveyancer | Yours: a partisan advocate who checks searches and drafts contracts for you | Each party pays their own professional separately |
| United States | Title company or attorney | Contract-driven: escrow, title insurance and a closing settlement | Title premiums plus closing fees |
| Ireland | Solicitor | Yours: an independent advocate managing deeds, stamp duty and mortgage drawdown | Professional fee plus outlays |
| Australia | Conveyancer or property lawyer | Yours: manages title transfer and electronic settlement | Fixed conveyancing fee plus disbursements |
You can appoint your own notaire. It costs nothing.
French law lets the buyer appoint a second notaire to act alongside the seller's. The two notaires then share the same state-set fee between them, under a statutory formula: the total you pay does not rise by one euro.
A second pair of qualified eyes on the easements, the planning certificates and the title, free. I recommend it to my buyer clients as a matter of course, and I can point you to notaire offices in Toulouse that are used to working with English speakers.
The notaire's fees, in short
- ✓ Roughly 7 to 8% of the price on an existing property
- ✓ Roughly 2 to 3% on a new build
- ✓ Paid by the buyer, set by the state, the same everywhere
- ✓ Most of it is tax: stamp duty and local taxes, collected by the notaire
The same in every agency and every language. Details on the fees page.
The deed stays in French. You will still understand every line.
The law requires the notaire to receive the official deed in French. So my promise is about behaviour, not translation software: we go through the preliminary contract (the compromis) and the final deed together, line by line, in English, days before the meeting at the notaire's office. Not a whispered translation at the table.
And if the notaire decides a sworn interpreter is legally required for your signing, I pay for it. Not you.
Four questions about the notaire.
1. Does the notaire check the property's condition?
No. The notaire guarantees the legal title, not the roof. The diagnostics file covers energy, asbestos, lead, electricity and more, but it is not a structural survey. If you want one, a RICS-qualified surveyor (Royal Institution of Chartered Surveyors) works around Toulouse for circa €1,000, and I can arrange it.
2. Can the meeting itself happen in English?
Often, yes: several Toulouse notaire offices work comfortably in English, and I can steer your file to one. The deed is still received in French, as the law requires. Whatever the office, you arrive having already read every clause with me in English, and if a sworn interpreter is legally required, I pay for it.
3. Can I sign without being in France?
Yes. Signings are routinely done by power of attorney (procuration), and the meeting can be followed by video call. I handle the ground in Toulouse and keep you informed at every step, in English, wherever you are.
4. Who chooses the notaire?
By custom the seller's notaire handles the file, but the buyer can always appoint their own alongside, at no extra cost: the two share the same state-set fee. If you have no notaire in France, I can introduce you to offices used to English-speaking clients, and you remain free to choose anyone.
