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Notary Fee Calculator: How Are Notary Fees Calculated?

Notary fees, often referred to as notary charges, consist of various components and are regulated in Germany by the Court and Notary Costs Act (GNotKG). Here are the main elements that make up notary fees:

1. Authentication Fee: This is a fee charged for the notarization of legal transactions, such as purchase agreements, wills, or marriage contracts. It is generally calculated based on the value of the transaction.
2. Certification Fee: This fee is incurred when documents need to be certified by the notary. This can apply, for example, to the certification of signatures or copies of documents.
3. Consultation Fee: If the notary provides legal advice before notarization, additional fees may apply. This depends on the complexity and scope of the consultation.
4. Land Registry Fees: In real estate transactions, fees for registering in the land registry are often incurred as well. These are set out in the GNotKG and are charged in addition to notarization fees.
5. Disbursements and Additional Costs: Notary fees may also include disbursements and additional costs, such as fees for obtaining land registry excerpts, postal and telecommunication costs, or costs for archiving documents.
6. VAT: Value-added tax may be applied to the notary’s fees. The notary must usually pay this to the tax office and therefore charges it to the client.

Es ist wichtig zu beachten, dass Notargebühren gesetzlich festgelegt sind und der Notar keinen Spielraum hat, diese nach eigenem Ermessen anzupassen. 

The amount of the fees generally depends on the value of the object (e.g. the purchase price of a property) and is specified in tables in the GNotKG.

What Is the Notary Fee Table?

The notary fee table is part of the Court and Notary Costs Act (GNotKG) in Germany, which regulates fees for notarial services. The table lists the fees for various notarial services, such as notarizations, certifications, and consultations. The amount of the fee depends on the value of the notarial service, for example, the purchase price of a property.

Here is a simple example illustrating how the notary fee table is used (Please note that the figures in this example are fictional, and actual fees may vary):

Suppose you buy a property for 300,000 euros.

1. Authentication Fee: Suppose the authentication fee is 1.5% of the purchase price. = 300,000 * 1.5/100 = 4,500 euros
2. Land Registry Entry Fee: Suppose the fee is 0.5% of the purchase price. = 300,000 * 0.5/100 = 1,500 euros
3. Certification Fee: A fixed fee is charged for certifying documents, let’s say 20 euros per document. If three documents need to be certified: = 3 * 20 = 60 euros
4. Disbursements and Additional Costs: Suppose there are additional costs for postage, telecommunication, and obtaining documents totaling 50 euros.
5. VAT: Notary fees are usually subject to value-added tax at the current rate of 19%. = (4,500 + 1,500 + 60 + 50) * 19/100 = 1,222 euros

Die Gesamtkosten betragen dann: = 4.500 + 1.500 + 60 + 50 + 1.222 = 7.332 Euro

Please note that this example is simplified and for illustration only. Actual fees may vary, and it is advisable to consult a notary or a reliable source such as the Notary Fee Calculator from beglaubigt.de for more accurate information.

How Much Do I Have to Pay at the Notary?

The amount you pay at the notary depends on various factors, such as the type of notarial service, the value of the service, and any additional disbursements and fees. In Germany, notary fees are established by the Court and Notary Costs Act (GNotKG). Here are some examples of typical notarial services and factors that influence the costs:

1. Property Purchase: In a real estate purchase, notary fees are usually a percentage of the purchase price. In addition, costs for registration in the land registry and possibly certification fees may arise.
2. Company Formation: When establishing a GmbH or another type of company, notary fees are charged for authenticating the articles of association. The costs depend on the company’s share capital.
3. Will or Marriage Contract: Fixed fees are charged for notarizing a will or a marriage contract, which are independent of the value of the asset.
4. Disbursements and Additional Costs: Additional costs may arise for mailing, telecommunication, and obtaining documents.
5. VAT: Notary fees are generally subject to value-added tax, currently at 19%.

Because notary fees are variable and depend on many factors, it is advisable to obtain a cost estimate from the notary in advance or to use an online tool to calculate the fees, such as the tool available at Beglaubigt.de, which provides a quick and transparent calculation of notary fees.

What Is a Priority Notice of Conveyance?

The priority notice of conveyance (Auflassungsvormerkung) is a term from German real estate law, designed to protect the buyer of a property. When a property is sold, two steps are required in Germany to complete the transfer of ownership: the conveyance (Auflassung) and the registration in the land registry.

The conveyance is the agreement between buyer and seller that ownership should be transferred, while the entry in the land registry legally effects the change of ownership.

The priority notice of conveyance is a provisional entry in the land registry securing the buyer’s claim to the transfer of ownership. Its purpose is to prevent the seller from selling the property again or encumbering it with additional rights that could endanger the buyer’s acquisition after the purchase contract has been concluded.

There are situations where a priority notice of conveyance is especially important, but also cases where it can be dispensed with:

1. With Priority Notice of Conveyance: In most cases, a priority notice of conveyance is recommended. If there is an extended period between the signing of the contract and the entry of the buyer as the new owner in the land registry, the priority notice protects the buyer from loss of rights. This is often the case if the buyer, for example, still has to arrange financing or if the discharge of existing mortgages takes time.
   
2. Without Priority Notice of Conveyance: In some cases, a priority notice of conveyance is not necessary if the transfer of ownership takes place very quickly and there is no risk that third-party rights in the property could arise in the meantime. This might be the case if the purchase price is paid in full immediately and no other factors delay the transfer of ownership.

What Are Land Registry Fees?

Land registry fees are charges due in Germany for various official acts relating to the land registry. The land registry is a public record in which ownership, rights, and charges related to plots and properties are registered. For registration, modification, or deletion of rights in the land registry, fees are levied by the land registry office.

Land registry fees are regulated by the Fee Regulations (KostO) and the Court and Notary Costs Act (GNotKG). Here are some examples of typical official acts for which land registry fees apply:

1. Ownership Transfer: When a property is sold, the transfer of ownership must be entered in the land registry. Fees are charged for this entry, and they depend on the value of the property.
2. Priority Notice of Conveyance: As previously mentioned, the priority notice serves as security for the transfer of ownership in a property purchase. Fees are also charged for entering the priority notice in the land registry.
3. Land Charge and Mortgage: If a plot or property is used as collateral for a loan, this must be entered in the land registry. Fees are charged for both registration and later deletion of a land charge or mortgage.
4. Inspection and Extracts from the Land Registry: Fees may also be charged for inspecting the land registry or preparing extracts from the land registry.

How Are Notary Fees Composed When Buying a Property?

When buying a property in Germany, various notary fees apply. These consist of several components and are legally regulated by the Court and Notary Costs Act (GNotKG). Here is a breakdown of the typical notary fees when purchasing real estate:

1. Authentication Fees: The core of the notary’s work is the notarization of the purchase contract. For this, the notary charges a fee that depends on the purchase price of the property. This fee is generally a percentage of the purchase price and is calculated according to the notary fee table in the GNotKG.
2. Land Registry Fees: In addition to the notarization of the purchase contract, the notary must arrange for the transfer of ownership in the land registry. Additional fees are charged for this, also based on the purchase price.
3. Priority Notice of Conveyance: As mentioned, the priority notice is an important safeguard for the buyer. The notary also charges fees for applying for the priority notice.
4. Consultation and Drafting the Purchase Contract: If the notary also handles the consultation and drafts the purchase contract, additional fees may apply.
5. Disbursements: In addition to the fees, there may be disbursements, such as for copies, mailings, phone calls, and obtaining documents.
6. VAT: The legal value-added tax, currently at 19%, is generally applied to notary fees and disbursements.

It is important to note that notary fees only make up a part of the incidental purchase costs. In addition to notary fees, property transfer tax and possibly broker fees usually also apply.

To get an overview of the applicable notary fees, you can either ask the notary directly for a cost estimate or use online tools to calculate notary fees, such as the tool from Beglaubigt.de, which offers a quick and transparent calculation of notary fees.