Buying Property Before a Notaire in France: Role, Documents, Fees, and Remote Signature
Introduction
In France, the final signature in a real estate purchase is made before a notaire; however, the role of the notaire is far broader than most buyers from Turkey initially assume. When purchasing an apartment or villa in Côte d'Azur areas such as Nice, Cannes, Antibes, or Villefranche-sur-Mer, the notaire verifies identity and ownership, checks mortgages and encumbrances, asks the municipality about any pre-emption right, calculates taxes, and ensures the sale is properly registered with the authorities.
For foreign buyers in particular, the most critical point is this: in France, the notaire does not act like the seller’s or the buyer’s lawyer; they are an impartial legal officer backed by public authority. For this reason, if the contract language, payment timing, signature by power of attorney, and cost items are not clarified in advance, unnecessary stress often arises in the final weeks. Below, we summarize the process clearly and practically based on the cases we most often encounter on the French Riviera.
What exactly does the notaire do?
A notaire is a legal professional authorized by the French state. In a real estate sale, the official deed of sale, known as the acte authentique de vente, is signed in their presence. Unlike an ordinary private contract, this document is an official instrument with direct enforceability. In other words, the transaction does not remain solely between the parties; it becomes fully aligned with tax, land registry, and public records.
In practice, the notaire’s main duties include checking whether the seller is truly the owner and whether the property is subject to restrictions such as seizure, mortgage, usufruit, or servitude; reviewing copropriété documents if it is an apartment; checking whether the municipality has a droit de préemption; collecting taxes and duties related to the sale; and following the title registration process after signature. An apartment in central Nice and a villa in Èze or Mougins are subject to the same basic framework, but technical reports and planning checks may vary depending on the property type.
In France, the buyer and seller may use the same notaire. This is very common and does not increase the total notaire fees; the fee is shared between the two offices. If one of the parties wishes to appoint their own notaire, this can be especially helpful in international transactions. Still, the key point to remember is that even if there are two notaires, both remain legally impartial. Separate advisory support may be needed for negotiation, protective clauses, and commercial strategy.
How the process works: from compromis to acte de vente
In France, the purchase process is two-stage in most cases. The first stage is the preliminary contract: compromis de vente or, in some cases, promesse de vente. This document sets out the sale price, financing condition, deadlines, technical reports, any furniture list, and suspensive clauses. At this stage, the buyer usually pays a deposit of between 5% and 10% of the purchase price. In Nice, a 10% deposit is common for a €350,000 apartment purchase, although a lower percentage may be accepted depending on the nature of the file.
For residential purchases, an individual buyer has a statutory 10-day cooling-off period. This period begins after proper notification of the signed preliminary contract. If the buyer is using a mortgage, the contract includes a condition suspensive d’obtention de prêt; in other words, if bank financing is not granted, the deposit may be refunded under certain conditions. In cash purchases, the process usually moves faster because there is no need to wait for bank approval.
The second stage is the acte authentique de vente, meaning the final deed of sale. In most files, there is roughly a 2- to 3-month period between the preliminary contract and the final signature. During this time, the notaire completes all legal checks, carries out municipal inquiries, clarifies service charges and tax positions, and requests the transfer of the balance of the price plus costs from the buyer. Especially for foreign currency transfers, it is important not to wait until the last day; due to international banking checks, funds may be delayed by one or two business days.
On the signing day, the notaire summarizes the deed of sale aloud or explains the key clauses, answers the parties’ questions, and then the signatures are taken. The handover of keys is usually made at this stage. The buyer then becomes the owner immediately; however, completion of the final land registry entry and issuance of the attestation de propriété in final form may take several months. This delay is due to the normal administrative timetable.
Documents requested from the buyer: a practical list for foreigners
The documents requested for a notaire file in France vary depending on the buyer’s status, payment method, and intended use of the property. Still, for international buyers, the core list is quite clear. A valid passport or EU identity card, civil status documents, recent proof of address, professional information, documents showing the source of funds, and bank account details are requested in almost every file. The notaire now works much more thoroughly on source des fonds under anti-money laundering rules than in the past.
Civil status is often underestimated. Whether you are married, single, divorced, or widowed—and even your matrimonial regime—affects how ownership is recorded in France. For certain documents issued in Turkey or the United States, a sworn translation and, where necessary, an apostille may be required. This should not be left until the final week, especially in files involving a marriage certificate, divorce judgment, or name change. Notaire offices in the Nice region are used to communicating in English, but the official document language will often remain French.
For the source of funds, the notaire may request bank statements, salary documents, company dividend records, inheritance documents, or, if the money comes from another sale, the relevant closing statement. The purpose is to prove that the purchase funds come from a lawful and traceable source. For example, in a €1.2 million apartment purchase in Cannes, it is perfectly normal for the notaire to ask detailed questions about transfers coming from several different accounts.
If the purchase is made through a company, the file becomes more technical. In French SCI, foreign company, or trust structures, the notaire may require the company’s articles of association, shareholder list, proof of signatory authority, beneficial owner information, and sometimes tax residency documents. On the Riviera, a company structure may sometimes appear advantageous for second-home purchases, but inheritance and tax consequences should be assessed separately; the notaire outlines the framework, but additional expert advice is important for personal tax planning.
How are notaire fees calculated? Which items are paid?
In France, the amount commonly referred to as frais de notaire is not just the notaire’s own fee. Most of the total amount consists of taxes and duties paid to the state. This is why new buyers are often surprised: the short answer to the question “Why are notaire fees so high?” is that they are largely transaction taxes collected together with the legal costs.
For older, or resale, residential properties, total notaire fees in most files are around 7% to 8% of the purchase price. For a €400,000 resale apartment in Nice, a rough estimate of €28,000 to €32,000 is reasonable. In new developments or VEFA-type sales, this percentage is usually lower, often around 2% to 3%, because the tax structure is different.
The total mainly includes the following items: transfer taxes known as droits de mutation, various contributions collected on behalf of the state, land registration and filing costs, the notaire’s regulated emoluments, and small disbursements for the file. If the purchase is financed with a mortgage, additional costs also arise for registering the mortgage or guarantee. It is also important to know whether the real estate agency commission is included in the sale price; some listings mention FAI, meaning frais d’agence inclus.
At the final stage, the buyer must transfer not only the balance of the purchase price but also all costs stated in the notaire’s request for funds. Most offices want the money to appear in their account several days before the signing date. After completion, if a small amount was over-collected, the notaire refunds it later; if there is a shortfall, they request the difference. For this reason, it is important to understand that the figure in the final call for funds is often a calculated provision rather than a final and binding closing statement.
Is remote signature possible with procuration?
Yes, in France the final deed of sale can in most cases be signed remotely by procuration, meaning power of attorney. This is particularly useful for buyers who live in the United States, are currently in Turkey, or cannot travel to Nice on the signing date. In practice, the notaire prepares a specific power of attorney authorizing someone to sign on the buyer’s behalf. This person may sometimes be someone from the notaire’s office, or sometimes a representative trusted by the buyer.
The critical point here is that the content of the power of attorney must clearly set out all essential elements of the sale: the property address, sale price, any financing or special conditions, and details such as the allocation of service charges and taxes cannot be left vague. Depending on the file, the power of attorney may be executed with electronic signature, wet signature, or certification before a notary abroad. In some countries, an apostille is required. The French notaire office should state in writing from the outset which format it will accept.
During the busy season on the Côte d'Azur, especially in summer, procuration can be a lifesaver for keeping pace with international travel plans. However, leaving it to the final 48 hours is a mistake. Identity verification, translation, apostille, courier delivery, and receipt of the original document can all take time. In our field experience, the smoothest files are those where the power of attorney is discussed at the preliminary contract stage.
Some notaire offices are more open to electronic signature with visioconférence for certain transactions, while others prefer traditional methods. This can vary from office to office. What matters is that the buyer’s absence does not compromise the legal security of the process. With a properly prepared procuration, the signing day in Nice can be completed securely and smoothly even if you are not physically present at the table.
Common practical points in Nice and on the French Riviera
Regional details can affect how a file progresses. In Nice, for older buildings in the city center, copropriété documents, common-area works, and costs such as upcoming façade renovation should be reviewed carefully. In neighborhoods such as Carré d’Or, Musiciens, Le Port, or Cimiez, building charges and the structure of common expenses can differ significantly. The notaire includes these documents in the file, but the buyer must also review them from a commercial and technical perspective.
For sea-view or terrace apartments, it is important to check whether there is any discrepancy between the stated surface area and the loi Carrez measurement. In older properties, diagnostics reports covering electricity, asbestos, lead, energy performance, and similar matters are provided by the seller; however, the existence of a report does not mean the risk is zero. In Antibes or Menton, especially in older buildings, buyers planning renovations would benefit from reviewing syndic and municipal rules in advance.
For villa purchases, the scope becomes broader. The permit for the pool, declaration of annexes, fosse septique status, planning restrictions, servitude access rights, and land boundaries all become important. Around Mougins, Valbonne, or Saint-Paul-de-Vence, buyers who get carried away by the romantic setting and put legal details second may face expensive consequences. The notaire carries out the basic checks, but for properties with large gardens in particular, additional technical inspections are also sensible.
Another important topic is banking and tax timing. In France, opening a bank account, international transfer limits, currency exchange strategy, and the tax consequences of using the property as a second home should be planned before the purchase day. Taxe foncière and, in some cases, taxe d’habitation can affect the budget depending on how the property is used. On the Riviera, the decision to buy is often driven by lifestyle motivations, but the success of the transaction is often determined by these less visible administrative details.
Conclusion
A purchase before a notaire in France is not limited to a single signing day. In a well-managed file, the role of the notaire is to ensure legal security; the buyer’s role is to prepare documents on time, present the source of funds clearly, budget the cost items correctly, and, if needed, start the procuration process early. Especially in Nice and on the Côte d'Azur, differences in language, timing, and document standards may seem minor, but they directly affect the speed of closing.
If you are planning a purchase on the French Riviera and want to clarify the process with Turkish- and English-speaking support from a team familiar with local realities, you can contact Velmira Living. We review your file calmly and clearly, together with the notaire, agency, bank, and, where needed, translation processes.