Law No. 2015-990 on growth, activity and equality of economic chances of 6 August 2015 introduced a rate allowing to determine the amount of emoluments and flat-rate reimbursements owed to notaries for their services subjected to a regulation. The Decree No. 2016-230 of 26 February 2016 specifies the services that are subjected to this price. An order issued on the same date sets the regulated rate for notaries. Clients are guaranteed with a public rate and a predictable and transparent payment.
This rate is either proportional or fixed:
– The notary’s pay is proportional to the amount of capitals on real estate sales, donations or even inheritance declarations.
– A fixed rate remains applicable for the main family acts, marriage contract or an affidavit
This tarif leads to a general decrease in notaries’ fees of about 1.40 %. The amount of the notary’s fees may not exceed 10% of the value of the good or right that is the subject of the transfer, with a minimum of €90.The aforementioned law also introduces the possibility for notaries to grant discounts when the fee is determined in proportion to the value of a good or right, within the limit of a maximum discount rate determined by the decree (Art. R. 444-10 –I and -II), and when the basis for this fee exceed a limit as defined in the order (Art. 444-174). The rate of discounts granted by a notary is fixed and identical for all (Art. L.444-174).3).
This means that:
– It is up to the notary to decide, by category of services, whether or not to apply a discount at the rate and in the areas, he chooses;
– This rate will be guaranteed to all customers for the same category of act;
– A discount cannot be negotiated between a notary and his client.
– The discounts granted must be displayed by the notary on his website and in his office.
Furthermore, notaries are also entitled to charge freely negotiated fees for services, provided that these services are not subject to the aforementioned tariff, and provided that they conclude a written fee agreement with their client.
In accordance with the provisions relating to the regulated tariffs of Notaries (Decree No. 2020-179 of 28 February 2020 and order of 28 February 2016 fixing the regulated tariffs of notaries) the amount of the discounts on the fees to be charged for acts subject to the notary tariff is shown below:
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