Both avocats and notaires are “lawyers” in France but while both have significant training in French law and can offer legal advice, their roles are different. And you can't avoid using a notaire in a real estate transaction.
The concept of “notaire” is unique to France. They are lawyers appointed by the French government and as such act on behalf of the State, rather than on behalf of a client. That’s important to keep in mind. In contrast, avocats are, well, lawyers.
You can’t avoid using a notaire. At all.
The official role of a notaire is to “prepare contracts in their authentic form on behalf of the client.” As matter of fact, notaires are the only to make official matters related to inheritance, marriage and succession (like preparing a will) or officially registering the sale of a property. Their fees are regulated (by the government); for example, standard fees to draw up a Will with a notaire range from €113 to €136.
A property sale in France cannot be legally completed without the involvement of a notaire - as only they have the power to register the change of ownership on the Land registry.
Frais de notaire explained
A frequently misunderstood party of the property-buying process is the notaire fee (les “frais de notaire”). In reality, the bulk of the so-called notaire fee is really a form of property tax, similar to stamp duty in the UK, which includes the notaire’s professional fee – but only up to about 20%. The rest are taxes, passed on to the local and national authorities.
The other oft-misunderstood thing about notaires is that they don't “act” for you (they work for the government really) and they won't give you any legal advice unless you specifically ask for it. In theory, they serve as a neutral party when it comes to guaranteeing the validity of contracts and registering the sale.
If you want someone representing your personal interests in transactions, or to look over legal documents and offer you individualized advice - you will need to hire another notaire or an avocat for this purpose.
What about avocats?
All lawyers in France must have at least a CAPA (Certificat d'Aptitude à la Profession d'Avocat) which is a master's degree in law. After working for four years, French avocats often work toward a specialisation. If you are having any issues with the criminal justice system, problems with the immigration system or you want to sue someone, then you will likely need an avocat.
In France, the avocat sets his or her own fees – which are not regulated by the State. Average rates will depend on the complexity of your case and the specialisation of your lawyer, but the average hourly rate for 2022 was between €100 and €300. Criminal lawyers often charge (much, much) more than those who handle drink-driving cases.
f you are having trouble with the immigration system you will often be advised to consult an avocat specialising in immigration matters who can offer you personalized advice on dealing with issues with visas or residency permits. Some immigration specialists merely offer advice, others offer a hybrid service where you will file paperwork for visas, residency permits or citizenship on your behalf.
You can pay a lawyer either based on their hourly rate or by a flat-rate (usually reserved for simple procedures). When you find a lawyer, you will have to sign an agreement that outlines their fees, as well as various additional costs that might be incurred.
Adapted from a (very well researched) article published in The Local in July 2023.
Comentarios