The Role of the Notary in a Real Estate Transaction in Monaco

Looking for a real estate notary in Monaco to secure your acquisition and proceed with confidence? In Monaco, the notary is the public officer who authenticates the deed, manages financial flows (escrow) and verifies a range of essential legal matters. In this guide, we detail the notary’s role, the key stages of a transaction, and the main registration duty and deed fee schedules in the Principality.

The real estate notary in Monaco: a trusted pillar for your acquisitions

Before signing, it is helpful to understand why the notary is a central figure in the purchasing process in Monaco: they provide a legal framework, full traceability of deeds and secure payment handling.

A public officer guaranteeing legal security in the Principality

In the Principality, notaries are appointed for life by the Sovereign Prince and exercise their functions across the entire territory of Monaco. They act on behalf of the State to confer authentic status on the deeds they receive.

The notary verifies, in particular, the identity and legal capacity of the signatories, the consistency of the documents and the formal compliance of the deed. Their professional liability is engaged by their signature, which contributes to the high standards expected in Monaco.

They also retain the “minutes” (originals) of deeds within the practice, ensuring full traceability of titles and commitments over time.

The three authorised notarial practices on the Rock

Notarial practices in Monaco

  • Maître Charles-Henri Rey
  • Maître Magali Crovetto-Aquilina
  • Maître Nathalie Auréglia-Caruso

In Monaco, only three notarial practices are authorised to execute authentic deeds. You may consult the official Government directory for up-to-date contact details: notaries (official directory).

You retain full freedom of choice. In practice, the buyer often suggests a practice, but each party may appoint their own notary. The key is to establish a clear organisation from the outset of the file (timeline, documents, financing).

The notary is bound by impartiality: they do not defend one party against the other. Their mission is to execute the deed within a balanced framework, in full compliance with Monegasque law.

Key stages of the transaction, from the purchase offer to the authentic deed

The purchasing process follows a rigorous protocol. As an agency, we coordinate communications between the parties, the notarial practice, the banks and all stakeholders so that each step is clear and well managed.

The 4 stages of your acquisition

  • 1. Payment of a deposit (typically around 10%) into the Notary’s escrow account.
  • 2. File preparation: identity documents, compliance checks (AML-CFT), financing.
  • 3. Signing of the authentic deed and transfer of the balance plus fees.
  • 4. Registration and retention of the title (minutes).

Managing the security deposit and financial flows

Once an agreement is reached, a deposit is generally paid into the notary’s escrow account (typically 10% as per standard practice). This is an advance on the purchase price: the deposit is subsequently deducted from the balance due at final signing.

On the day of signing, the buyer transfers the remaining balance along with the fees. The notary only releases the funds to the seller once the deed has been signed and all formalities secured as required by the file. For a comprehensive overview of the process, please consult our guide to buying in Monaco.

A detailed statement is prepared before signing (price, deposit, registration duties, deed fees, any mortgage-related costs).

Compliance checks and due diligence obligations (AMSF — Monaco Financial Security Authority)

As with other professionals involved in real estate transactions, the notary applies due diligence obligations in the area of AML-CFT (anti-money laundering and counter-terrorism financing). In practice, this includes identifying the parties, identifying the ultimate beneficial owner where applicable, and collecting supporting documentation on the origin of funds when necessary.

Where companies are involved (SCI, Monegasque structures, foreign entities), the notary also verifies the articles of association, the signatory’s authority and the ownership chain to legally secure the transaction.

Finally, the notary carries out the relevant checks on the status of the property and arranges, where necessary, the formalities relating to a mortgage registration in the case of bank financing.

Understanding notary fees and registration duties

Beyond the legal aspects, anticipating costs is essential. In Monaco, registration duty and deed fee schedules vary according to the type of property and the buyer’s profile.

Fee schedules for resale properties and advantages of new-build / off-plan (VEFA)

For the acquisition of a resale property (existing property), the acquisition costs for an individual (or a civil company registered in Monaco) generally amount to 6.25%, broken down in practice between registration duties and notary fees.

For a new-build or off-plan (VEFA) property, the rate is generally reduced to 2.5%. This is an important parameter to factor into your comparison, alongside the entry price and specifications. Discover our prestigious new-build programmes in Monaco.

These percentages relate to registration duties and deed fees, excluding agency fees.

  • 6.25% for a resale acquisition (standard profile)
  • 2.5% for new-build / off-plan (VEFA)
  • Excluding agency fees (typically separate)

Summary of acquisition costs (excluding agency fees)

Buyer profileOverall rate
Individual / Monegasque civil company (resale)6.25%
New-build or off-plan (VEFA)2.5%
Offshore or foreign company11.5%
Property dealer regime (professionals)1.5%

Specific taxation for companies and property dealers

In the case of an acquisition by an offshore or foreign company, an increased rate generally applies (up to 11.5%). This point should be studied in advance with your advisors in order to determine the most suitable structure for your situation.

The property dealer regime allows professionals to benefit from a reduced rate (typically 1.5%), provided they comply with the regime’s requirements, notably an obligation to resell within a defined period (typically 4 years), failing which penalties apply.

In the case of bank financing, a mortgage registration may entail additional costs. The notary then calculates and collects the corresponding amounts according to the file.

Tailored support for a successful relocation to Monaco

Finally, the notary is not merely a drafter of deeds: they are a key legal point of contact. For our part, we ensure overall project coherence (timeline, requirements, confidentiality, coordination) so that your relocation proceeds smoothly.

The enforceable force of the deed and asset protection

The notarised deed is an enforceable instrument. It confers particular legal force upon the deed and contributes to the security of the commitments made.

Depending on your project (family, estate planning, ownership structure), the notary may also intervene on related matters (gifts, ownership arrangements), in liaison with your advisors (lawyer, tax specialist) when necessary.

Legal value of the title?

The notarised deed is an enforceable instrument, which reinforces the legal security of the transaction.

Synergy between the real estate agent and notarial counsel

The real estate agent and the notary work in a complementary manner: property selection, framing of conditions, document collection, scheduling, coordination with banks and the notarial practice. This organisation is particularly valuable for complex or confidential transactions.

Professional secrecy and confidentiality remain the foundation of this type of project. We structure communications to limit the exposure of sensitive information.

This coordinated approach also facilitates your relocation project. To learn more, consult our guide: how to relocate to Monaco.

In summary, the notary secures the deed, manages financial flows and ensures compliance with key formalities. If you wish to proceed, we can structure your project (budget, criteria, timeline) and coordinate the steps with the notarial practice.

FAQ

What is the exact role of the notary during my real estate acquisition in Monaco?

The notary is a public officer: they authenticate the deed, hold the deposit in escrow, verify the identity and capacity of the parties, and carry out the necessary formalities (registration, retention of minutes). They are a central figure in the legal security of a transaction.

Which notarial practices are authorised to act in the Principality?

Three practices are authorised in Monaco: Maître Charles-Henri Rey, Maître Magali Crovetto-Aquilina and Maître Nathalie Auréglia-Caruso. You can find the official list (and contact details) in the Government directory: notaries (official directory).

How much are notary fees and registration duties?

In Monaco, acquisition costs (registration duties + deed fees) are generally 6.25% for a resale property (standard profile), and 2.5% for a new-build / off-plan (VEFA) property. These amounts exclude agency fees, which constitute a separate item.

Is there specific taxation for acquisitions through an offshore company?

Yes. An increased rate generally applies to acquisitions through an offshore or foreign company (often up to 11.5%). The ownership structure should be analysed in advance, based on your situation and transparency requirements.

What are the conditions for benefiting from the property dealer regime?

The property dealer regime (reserved for professionals) may offer a reduced rate (typically 1.5%), subject to certain conditions, notably an obligation to resell within a defined period (typically 4 years) and penalties in the event of non-compliance.

How does the notary ensure the financial security of the transaction?

Where the file provides for an escrow arrangement, the deposit (typically around 10%) is held in an account of the practice. On the day of signing, the notary manages the payment of the balance and only releases the funds to the seller once the authentic deed has been signed and the formalities secured as required by the file.

 

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