Costs
Obligation to charge fees. Pursuant to Section 17 (1) sentence 1 of the Federal Notarial Code, notaries are obliged to charge the fees and expenses prescribed by law in the Court and Notarial Costs Act (GNotKG) for their work - no more and no less. Fee agreements of any kind are not permitted. Regular business audits by the President of the Regional Court also cover the proper collection of fees and enforcement of costs, if necessary.
Social fee system. The GNotKG fee system is carefully balanced. It also means that we notaries carry out many official activities without charging a fee that covers the costs. This ensures that anyone can take advantage of notarial advice and contract drafting, regardless of their assets or the value of the transaction. The notarial costs law establishes a particularly social value fee system that allows everyone access to notarial services.
Advice included. The notarial costs law has another advantage for you as a citizen: our advice, including the drafting work, is included in the notarization fee, regardless of the difficulty, the effort or the number of meetings.
Inexpensive. A Harvard study conducted in 2007 on the cost structure, quality and efficiency of typical real estate transactions in Germany, France, England, Sweden, Estonia and the United States revealed that we notaries in Germany not only guarantee a high level of legal certainty, but are also very inexpensive compared to other countries: We notaries in Germany not only guarantee a high degree of legal certainty, but are also very inexpensive in international comparison.
CALCULATION OF NOTARY FEES
Value fees. The amount of the notary's fees is based solely on the significance and value of the transaction and not on the workload of the notary. The standardized German Court and Notary Fees Act (GNotKG) provides for a specific fee rate for each official activity of the notary. Based on the respective fee rate, the specific fee is calculated according to the fee scale depending on the value of the transaction. The notarization fee includes the comprehensive consultation by the notary, the preparation of the draft and the notarization in the narrower sense.
Fee rate. The full fee (1.0) must be charged for unilateral declarations, while double the fee (2.0) is charged for contracts and resolutions. The fee rate for the notary's support and execution activities is often 0.5. However, if the notary's execution activities are limited, for example, to obtaining a certificate of pre-emption rights in accordance with Section 28 (1) of the German Building Code, the fee is a maximum of €50.
Goodwill. The GNotKG stipulates how the business value is to be determined for the calculation of fees. In the case of a purchase agreement, for example, this is usually the purchase price, in the case of general powers of attorney the gross assets of the principal and in the case of wills the net assets of the testator, whereby debts are only deductible up to a maximum of half of the assets.
Fee calculator. The amount of the notary fees can be calculated with the help of a Fee calculator be determined.
Business review. The regular business audits by the President of the Regional Court or the auditing department of the notary's office also cover the proper assessment of costs. In the event of irregularities, the notary is obliged to demand or refund fees. False declarations of value by the parties involved are punishable by law.
SAMPLE CALCULATIONS: GOOD ADVICE DOES NOT HAVE TO BE EXPENSIVE
Notarial deeds often have Tangible cost benefitsThe will certified by a notary generally replaces the certificate of inheritance that would otherwise be required. However, the certificate of inheritance costs almost twice as much such as advice, drafting and notarization of the will by the notary. We notaries not only provide professional advice on the appointment of heirs, legacies and division arrangements, but also draw up a public deed with special probative value. This ensures that the testamentary disposition does not disappear and is found in the event of death.
Fees for the drafting of a deed are only charged if it is not notarized by the notary. If a third party, e.g. a lawyer, prepares a draft, the usual notarization fee will also be charged in this case.
On notary.com, the information portal of the Federal Chamber of Notaries, you will find concrete calculation examples for Notary fees. Please note that other expenses may arise in individual cases. The calculation examples listed there only cover typical, albeit carefully compiled, case constellations. Inadvertent errors in the calculation examples therefore do not give rise to any claims against the individual notary or the Federal Chamber of Notaries.