Notary Fees
All notaries are obliged under Section 17 (1) sentence 1 of the Federal Notary Code to charge the fees and expenses prescribed in the Court and Notary Fees Act (GNotKG) for their services – no more and no less. Fee agreements are not permitted. Regular business audits by the president of the regional court or the Länder Notarkasse A.d.ö.R. (state notary fund) also cover the proper collection of fees and, if necessary, the enforcement of costs.
Social fee system
Our cost system is carefully balanced. It also means that notaries perform many official duties without charging a fee that covers their costs. This is offset by the fact that they charge higher fees for large transactions.
By linking notary fees to the value of the transaction and thus to the financial capacity of the parties involved, everyone can make use of notarial services regardless of their financial circumstances and the complexity of the matter.
Advice included
Notarial cost law has another advantage for you as a citizen: our advice, including drafting, is included in the notarisation fee. There are therefore no separate costs for this.
Affordable
A comprehensive study by Harvard University on the cost structure of real estate transactions has shown that notaries in Germany not only guarantee a high degree of legal certainty, but are also very affordable by international standards.
Calculation of costs
Value-based fees. The amount of the notary's fees is based exclusively on the significance and value of the transaction and not on the amount of work involved for the notary. The nationwide uniform Court and Notary Fees Act (GNotKG) stipulates a specific fee rate for each official act performed by the notary. Based on the respective fee rate, the specific fee is calculated according to the fee scale, which depends on the value of the transaction. The notarisation fee covers comprehensive advice from the notary, the drafting of the document and the notarisation itself.
Fee rate. For unilateral declarations, the full fee (1.0) must be charged; for contracts and resolutions, the double fee (2.0) applies. For the notary's support and execution activities, the fee rate is often 0.5.
Transaction value. The GNotKG specifies how the transaction value for the fee calculation is to be determined. For example, in the case of a purchase contract, this is usually the purchase price; in the case of general powers of attorney, it is the gross assets of the principal; and in the case of wills, it is the net assets of the testator, whereby debts are only deductible up to a maximum of half of the assets.
Business review. The subject of regular business reviews by the president of the regional court or the audit department of the notary fund is also the proper calculation of costs. In the event of irregularities, the notary is obliged to demand additional fees or refund fees. Incorrect value statements by the parties involved are punishable by law.
Sample calculations. Notarial deeds often have tangible cost advantages: for example, a will certified by a notary usually replaces the certificate of inheritance that would otherwise be required. However, the certificate of inheritance ultimately costs almost twice as much as the notary's advice, drafting and notarisation of the will. Notaries not only provide professional advice on inheritance, bequests and partition orders, but also draw up a public document with special probative value. This ensures that the last will and testament does not disappear and can be found in the event of death.
Fees for drafting a deed are only charged if the notary does not notarise it. If a third party, e. g. a solicitor, drafts a will, the usual notarisation fee is also charged in this case.
On the information portal of the Federal Chamber of Notaries you will find https://www.notar.de/themen/notarkosten/beispiele.
Please note that other expenses may arise in individual cases. The calculation examples listed there only cover typical, albeit carefully compiled, case constellations. No claims can therefore be derived against the individual notary or the Federal Chamber of Notaries for inadvertent errors in the calculation examples.
Links
In this section, you will find interesting links to topics relevant to notaries:
Register
On this page, you will find the commercial, cooperative and partnership registers, as well as some of the association registers of all federal states and, in addition, the register announcements (publications). Searching for companies and retrieving publications is free of charge.
www.handelsregister.de
On this page, you will find information on the topics of power of attorney, guardianship orders and living wills. The Central Register of Lasting Powers of Attorney stores the information on powers of attorney and guardianship orders that is necessary to avoid unnecessary legal guardianship.
www.vorsorgeregister.de
This website provides information on inheritance, bequests, estate planning and structuring, as well as the German Register of Wills, which has been maintained by the Federal Chamber of Notaries since 1 January 2012. Wills and inheritance contracts are registered there so that they can be found in the event of death.
www.testamentsregister.de
Professional organizations
The chambers of notaries, as professional associations for notaries, are public-law corporations. They provide information on all areas of notarial activities.
Chamber of Notaries Saxony
Address:
Königstraße 23, 01097 Dresden
Phone: 03 51 / 80 72 70
Fax: 03 51 / 8 07 27 50
E-Mail: notarkammer@notarkammer-sachsen.de
Website: www.notarkammer-sachsen.de
The 21 chambers of notaries are united in the Federal Chamber of Notaries. It is based in Berlin and has further offices in Cologne and Brussels. The Federal Chamber of Notaries also operates the Central Register of Lasting Powers of Attorney..
Federal Chamber of Notaries K.d.ö.R.
Address:
Mohrenstraße 34, 10117 Berlin
Phone: 030/383866-0
Fax: 030/383866-60
E-Mail: bnotk@bnotk.de
Website: www.bnotk.de
The German Notary Institute is an institution of the Federal Chamber of Notaries that provides scientific support to notaries in their daily work.
German Notary Institute
Address:
Gerberstraße 19, 97070 Würzburg
Phone: 09 31/35 57 60
Fax: 09 31/35 576 225
E-Mail: dnoti@dnoti.de
Website: www.dnoti.de
Useful addresses
On this page you will find information about NotarNet GmbH and the Federal Chamber of Notaries on electronic legal transactions in notarial practice, in particular on Notary network, XNotar and signature cards.
www.elrv.info
The Federal Statistical Office is an independent federal authority. There you will find information on the consumer price index and statistical surveys.
www.destatis.de
The German Bundesbank provides current and historical information on the base interest rate pursuant to Section 247 of the German Civil Code (BGB) .
www.bundesbank.de
The Federal Ministry of Justice provides almost all current federal law free of charge here.
www.gesetze-im-internet.de
This platform offers searches for notaries, deeds, courts, land registries and registry offices. It enables citizens and notaries to find the relevant registry offices.
www.notar.de
