Roche & Cie

The new fee schedule of notaries came into force on May 1, 2016

Following the “Macron” Law of 6 August 2015, the new fee schedule of notaries came into force on 1 May 2016. Its creation was motivated by the desire to restore the purchasing power of the French. But at first glance, this new version will not be sufficient to achieve this objective. The most obvious example is real estate transactions. At that time, the buyer is liable, in addition to the sales price, of “notary fees”. These improper terms used to refer to sales, are composed largely of taxes and, for another part of the emoluments of the notary. And it is this last part that is the subject of a small weight loss cure. 

For example, to acquire a property of € 200,000, the emoluments of the notary amounted so far to € 2,061.25 HT. With the new schedule, they now stand at € 2,033.42 HT. The resulting savings of only € 27.83.

Accuracy: lower fees also for all other documents drawn up by a notary as loan deeds, affidavits or declarations of succession.
Another lever to ease the note, notaries can, under certain conditions, grant their customers a rebate on their emoluments. A maximum discount of 10%, calculated on the base unfortunately tranches above € 150,000 value of the property or right, and not its total value.

But it is probably small transactions (and the formalities that accompany them) who will benefit most from the effects of Macron law. Indeed, it requires that the compensation of the notary may, in this context, exceed 10% of the sales price (with a minimum price of 90 €). A measure intended to facilitate real estate sales (basements, parking spaces, agricultural land) in rural areas, when support costs may be higher than the value of goods sold.

In the end, this decline, unconvincing, notary fees do not intervened offsets the increase, remember, since 2014 transfer tax (increase in the rate of the departmental tax). A more comprehensive reform, including property tax, would have been desirable.

Note: the acts signed before 1 May 2016 are still subject to the old tariff. As the acts not yet signed before 1 May 2016 which gave rise by 1 March 2016 at an advance payment or provisions by the customer, or the commitment fee by the notary.

Decree of 26 February 2016 fixing the rate regulated notaries