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Buying & financing

The role of the notary in a property purchase in Geneva

In Geneva, the notary makes your purchase valid by executing it as an authentic deed. Their role, the stages of the sale and the costs, explained simply.

The role of the notary in a property purchase in Geneva
Photo Álvaro Serrano, Unsplash
Contents

In Geneva, the notary is the public officer who makes your property purchase valid by executing it as an authentic deed, the condition without which the transfer of ownership cannot be entered in the land registry. The notary does not represent either the buyer or the seller in particular. Their mission is to secure the transaction for both parties, to verify the legal situation of the property and to ensure that the sale complies with the law.

Why a notary is mandatory in Switzerland

Under Swiss law, the sale of real estate must take the authentic form to be valid. A privately signed agreement, however detailed, is not enough to transfer ownership. It is execution before a notary that gives the deed its official character and opens the way to entry in the land registry.

Notaries are public officers responsible for receiving deeds to which the parties wish to give authentic status. In Geneva, they practise independently. Using a notary is therefore not an optional formality but a legal requirement.

The stages of the sale

The process varies from file to file, but the same milestones often recur.

A promise of sale (or forward sale deed) may be signed first. It commits the parties to the price and conditions, while allowing time to finalise the financing or lift certain conditions.

Next comes the final deed of sale, received by the notary, which seals the transfer. Before this signing, the notary carries out checks in the land registry, managed by the State of Geneva. They verify who the actual owner is, and examine the easements, charges and annotations encumbering the property. This step reveals what is attached to the plot and binds the future buyer.

If the purchase is financed by a loan, the question of the mortgage note arises. This security document, created or transferred at the time of the sale, serves as collateral for the bank. The notary coordinates this part with the lender.

The milestones of a notarised sale
  1. Promise of sale

    Or forward sale deed: commits the parties to the price and conditions, while the financing is finalised.

  2. Land registry checks

    The notary checks the actual owner, and the easements, charges and annotations encumbering the property.

  3. Mortgage note

    If there is a loan, the security document is created or transferred, in coordination with the bank.

  4. Final deed of sale

    Received by the notary, it seals the transfer in authentic form.

  5. Entry in the land registry

    It makes the transfer of ownership enforceable against third parties: it is the culmination of the sale.

The costs

The amounts depend on the price of the property and your situation, and only the notary can draw up a precise statement. According to the Geneva Chamber of Notaries, all the costs associated with a purchase generally amount to around 4% of the sale price. This sum is not the notary's fee: it includes the state tax and entry in the land registry.

According to the same source, a large part of these costs corresponds to registration duties, known as transfer tax, at around 3% of the price. The notary's own remuneration, their fees and any additional charges, generally does not exceed 1% of the property's value, on a sliding scale as the price increases.

Our role alongside the notary

The agency and the notary do not work on the same part of the file. Our work takes place upstream and around the deed: setting the price through a valuation, preparing the sale file, bringing buyer and seller together, gathering the relevant documents and supporting you through to the signing appointment. The notary then takes over for the legal side and authentication.

Well prepared, your file reaches the notary complete, which makes exchanges smoother and limits back-and-forth. We remain your contact for understanding the Geneva market and placing your project in context.

If you are considering a purchase or wondering about the value of your current property, a valuation is a good starting point. You can also read about our approach to home-buying to prepare the next steps.

Every situation is specific, particularly regarding tax and inheritance. The points in this article are provided for general information and should be confirmed with your notary.

Arriving at the notary with a complete file
Value my property→
Setting the price is the first step of a well-prepared file.

Sources

  • Geneva Chamber of Notaries, acquisition costs and authentic deeds: notaires-geneve.ch
  • Land registry, State of Geneva: ge.ch
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Written by
Fondateur

Stéphane a fondé CI-Léman.

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