Notary: definition

The notary is a public official responsible for authenticating legal acts, in particular when purchasing real estate, making a gift or organising an estate. In Switzerland, the notary checks that the transaction complies with the law, protects the interests of the parties and ensures that the process runs smoothly until registration in the land register.

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Role and responsibilities of the notary in a property purchase in Switzerland

When you wish to make a property purchase with a mortgage loan, the notary plays a central role: they act as an interface between you, the seller, the bank and the authorities (municipality, land register, cantonal tax office). Their involvement secures the transaction and gives the purchase binding legal force.

In practice, the notary is impartial: they do not defend one party against the other. Their duty is to explain clearly the legal consequences of the deed (rights, obligations, risks) to all parties in a way that is easy to understand. The notary checks in particular the identity of the signatories, their capacity to enter into a contract, the ownership history of the property and the possible existence of easements, liens or other encumbrances.

In Switzerland, the notarial profession varies from canton to canton (Latin system, Germanic system or mixed system), but the aim remains the same: to ensure legal certainty of the transaction. Without the involvement of a notary, you cannot validly acquire a property in the sense of the land register.

The notary is also responsible for collecting certain taxes and fees on behalf of the State (for example property transfer taxes, depending on the canton) and for ensuring that the conditions set by the bank (mortgage, assignment of claims, various guarantees) are properly reflected in the deed.

The legal framework of the notary in Switzerland: what you should know

To understand the definition of a notary in practice, it is helpful to recall a few elements of the legal framework:

• The notary is a public official: they exercise an authority function delegated by the State.
• Their deeds, called authentic instruments, have enhanced evidential value before the courts. They are valid until proven false.
• An authentic deed is compulsory for certain contracts, in particular the sale of real estate, the creation of a mortgage, and certain marriage contracts, gifts and inheritance pacts.

As soon as you consider buying a property, it is therefore relevant to include the notary in your overall thinking: budget, financing, taxation, family structure. They do not simply “make you sign papers”, but ensure that your project is correctly translated into a solid legal framework.

In a transaction, the notary:

• prepares or reviews the contract of sale and any special clauses such as conditions precedent, time limits and guarantees;
• coordinates exchanges with the bank in order to set up the mortgage and, where applicable, the assignment of the claim;
• ensures that payments are made correctly (purchase price, repayment of an existing mortgage, payment of your own funds);
• files the deed with the land registry so that the new owner and the mortgage are registered.

When and why should you involve a notary in your property project?

You generally meet the notary at several key moments in your purchase project:

1. At the time of the reservation or promise to purchase
   In some cantons, a reservation agreement or preliminary contract is signed first. The notary can be consulted at this stage to check that the clauses are balanced and that your interests are protected (conditions precedent linked to financing, to obtaining building permits or to the sale of another property).
2. When preparing the mortgage financing
   Your bank will request the creation of a mortgage certificate. The notary prepares the necessary documents, in cooperation with the bank’s credit department and, where appropriate, with your mortgage broker.
3. When signing the deed of sale
   This is the most visible stage. The notary reads or summarises the key clauses, makes sure that you understand them, and then has the deed signed by all parties. The notary also checks that the preliminary conditions are met (for example that financing is guaranteed and that the necessary permits have been obtained).
4. When registering in the land register and paying the price
   After the signing, the notary sends the deed to the land register. Once registration has been completed, the notary can distribute the purchase price (payment to the seller, repayment of an old mortgage, payment of taxes and charges, payment of the brokerage fee).

Involving a notary at an early stage also allows you to clarify how your project will affect other aspects: matrimonial property regime, protection of your spouse or registered partner, estate planning and any gifts between parents and children.

Notary fees: what do they include and how can you plan for them?

People commonly talk about “notary fees” to describe all the costs linked to the intervention of the notary and to the taxes collected on the occasion of the sale. In practice, these fees cover several different components:

• The notary’s fees
  This is the notary’s own remuneration for drafting and authenticating the deeds (contract of sale, creation of the mortgage). In many cantons, these fees are governed by an official tariff (cantonal schedule of fees), often calculated as a percentage of the sale price and/or the mortgage amount, sometimes with decreasing brackets. The calculation of notary fees therefore differs from one canton to another.
• Land registry fees
  These are the fees charged by the land registry for registering the transfer of ownership and the mortgage. They are generally proportional to the purchase price and the mortgage amount. The calculation of land registry fees also varies between cantons.
• Property transfer taxes and other cantonal or municipal taxes
  Some cantons levy a tax on property transfers, sometimes called property transfer tax. It is a percentage of the purchase price and may be borne by the buyer, the seller, or shared between them, depending on local practice or contractual agreements.
• Outlays and administrative costs
  These are costs advanced by the notary on behalf of the parties, such as extracts from the land register, certificates, various attestations, correspondence and certified copies.

How a property purchase works at the notary’s office

To give you peace of mind, it is helpful to visualise the typical process of a property purchase with the involvement of a notary. The detail varies according to the canton and local practice, but the general structure often follows the steps below:

1. Agreement in principle between buyer and seller
   You agree on the price, the date of handover of the keys and any special conditions (for example, taking over certain furniture, work to be carried out by the seller). This agreement can already be set out in a document, but it only takes full effect once the authentic deed has been signed.
2. Initial contact with the notary
   Once the property has been found and the agreement in principle has been reached, the estate agent, the seller, you yourself or your mortgage broker contacts the notary. The notary checks the legal situation of the property (encumbrances, easements, existing mortgages, condominium ownership (PPE), PPE regulations) and the capacity of the parties to sell or buy.
3. Gathering information for the financing
   At the same time, your bank or broker finalises the mortgage loan file: income, expenses, own funds, value of the property. The bank then prepares its credit decision and the contractual conditions (rate, type of mortgage, term, amortisation, conditions specific to your situation).
4. Preparing the deed of sale and the mortgage deeds
   The notary drafts the draft contract of sale and, where appropriate, the deed creating or transferring the mortgage certificate. The notary incorporates the special clauses agreed between the parties as well as the conditions required by the bank (for example, assignment of the certificate in favour of the lender).
5. Reading and explaining the deed
   At the signing appointment, the notary reads the deed or provides a detailed summary. They must make sure that you understand:
   • the description of the property (plot, condominium unit, surface area, easements);
   • the price, payment terms and consequences in the event of late payment;
   • the breakdown of fees and taxes;
   • any conditions precedent;
   • the date on which risks and ownership pass.
6. Signing the deed and practical follow-up
   Once the deed has been signed, the notary is responsible for:
   • submitting it to the land registry for registration;
   • coordinating payment of the price and taxes;
   • informing the bank that the guarantees have been correctly put in place;
   • issuing the necessary attestations (for example for the building insurance).

Throughout this process, you have the right – and it is very much in your interest – to ask the notary questions. Their duty is to answer in a way that you can understand, even if the legal framework is complex.

Notary, bank and mortgage broker: who does what?

In a project involving a mortgage loan, the role of each party must be clearly defined in order to avoid misunderstandings:

• The lending institution analyses your financial situation, your capacity to bear the theoretical mortgage charges and the risk related to the property. It offers mortgage products (fixed-rate, SARON variable-rate, mixed solutions) with their own conditions (term, amortisation, guarantees).
• The mortgage broker supports you in comparing offers, preparing the file and negotiating with lenders. Their role is to defend your financial interests, save you time and improve the quality of the offers you receive.
• The notary then steps in to formalise the acquisition of the property and the mortgage guarantees within the legal framework. They do not choose the best mortgage for you, but they ensure that the decisions made (product, amount, structure of the guarantees) are correctly reflected in the authentic deeds.

These roles are complementary. For example, you can:

• ask the broker to check the financial coherence of the project;
• discuss the concrete conditions (products, terms, amortisation) with the bank;
• consult the notary about the legal consequences (ownership, matrimonial property regime, inheritance, guarantees, liability).

How to choose your notary for a property purchase in Switzerland?

In general, in Switzerland, as a buyer you can choose the notary responsible for your transaction (in practice, you usually pay their fees unless otherwise agreed with the seller). This choice is not limited to the fee level; it also concerns the quality of the support you will receive.

Here are some useful criteria for choosing your notary:

• Experience in residential real estate and PPE
  A notary who regularly handles residential transactions (single-family homes, PPE, rental buildings) is familiar with practical risks: PPE regulations, planned works, rights of way or view, municipal pre-emption rights.
• Accessibility and clarity of explanations
  You should feel comfortable asking questions, even if they seem “basic”. A good notary takes the time to explain things in simple terms, without unnecessary jargon, and remains available if you have doubts.
• Knowledge of cantonal and municipal specificities
  Taxes (for example property transfer taxes), land registry fees or certain practices (how costs are shared between buyer and seller) vary from canton to canton. A well-established notary understands these nuances and can help you anticipate the real costs.
• Coordination with your mortgage broker or bank
  When communication between the different parties works well, you gain in peace of mind and efficiency. Deadlines are easier to meet, documents circulate more quickly and the risk of errors or omissions is reduced.

Before confirming your choice, you can, for example, ask for:

• an estimate of the acquisition costs linked to your project;
• explanations on how the notary works (number of appointments, method of exchanging documents);
• clarification on how specific situations will be handled (gift, buyout of a share, purchase as an unmarried couple).

Including the notary in your budget planning and financing strategy

When you calculate your borrowing capacity, you naturally think of the purchase price, the mortgage amount, interest, amortisation and ongoing costs (maintenance, PPE, taxes). Notary fees must be part of this exercise.

A responsible approach consists in:

• drawing up an overall budget for the project (purchase price + ancillary costs + any renovation works);
• checking with the bank and/or the broker how much financing you can obtain, taking into account Swiss debt capacity rules;
• discussing with the notary the fees linked to the sale (notary’s fees, land registry, property transfer taxes, outlays) so as to avoid surprises on the day of signing.

In some cases, it may be wise to:

• postpone or stage certain works in order to retain sufficient liquidity;
• consider how best to use your occupational pension (LPP) or third pillar in coordination with the bank and the notary, in particular to protect your spouse or family;
• assess the impact of a gift (for example, help from parents for your own funds) on your tax and inheritance situation.

A preliminary meeting with a financing expert (an independent mortgage broker) allows you to validate the financial aspects even before the notary prepares the deed. You then go to the notary with a clearer project, coherent figures and less stress – and with the confidence that you can actually complete the purchase you have in mind.

Taking action: when should you contact an expert and a notary?

If you are currently looking for a property or have already found one that interests you, it is a good time to:

• request a personalised budget and affordability assessment;
• have your situation analysed (income, own funds, existing debts) to define a realistic price range;
• anticipate the legal implications (buying as a couple, unmarried partnership, gift, buyout of a share) with the help of a notary.

Waiting until the last minute can put you in an uncomfortable position: time pressure, less room for negotiation, only partial understanding of the implications of the documents you sign. By surrounding yourself from the outset with a mortgage broker and a notary, you turn a daunting project into a structured and well-managed process.

For example, you can:

• schedule a first non-binding meeting to discuss your project, your goals and your questions with your mortgage broker;
• request simulations of different scenarios (loan amount, term, amortisation, impact on your monthly budget);
• then agree with the notary on the legal structure best suited to your family and wealth situation.

Important information

The information presented above is of a general and informative nature. It is based on common practice in Switzerland, but does not in any way replace personalised advice. The rules that apply, the fees charged and how costs are shared vary depending on the canton, the municipality and each individual or household situation.

This text does not constitute an investment recommendation, a guarantee of financing or a promise regarding interest rates or conditions. Any decision remains your own responsibility and should be based on complete information obtained from qualified professionals.

Useful resources related to the notary’s activities

• Find out more about application fees
• The notary can also explain how tax on real estate capital gains works
• Our FAQ page can certainly answer many of your other questions