When selling a house in the Netherlands, a notary is legally required to officially record the transfer of ownership. The notary ensures that the property changes hands in a legally correct manner by drawing up the deed of transfer and registering it with the Land Registry. In this article, we answer the most frequently asked questions about the role of the notary when selling a property.
What exactly does a notary do during a property transfer?
During the transfer of ownership of a property, the notary draws up the deed of transfer, has it signed by the buyer and seller, and registers the deed with the Land Registry. Only after that registration does the buyer officially become the new owner. The notary also checks whether there are any legal obstacles that could prevent the transfer from taking place.
Specifically, the notary carries out the following tasks during a property transfer:
- Research at the Land Registry to verify ownership, mortgages, and any liens
- Drawing up the deed of transfer based on the previously signed purchase agreement
- Supervising the signing by the buyer and seller (or their authorized representatives)
- Settling the financial transaction via the notary’s third-party escrow account
- Registering the deed with the Land Registry to make the transfer legally valid
- Paying off any existing mortgages held by the seller
The notary acts as an impartial legal professional. This means that they safeguard the interests of both the buyer and the seller, and ensure that the transfer meets all legal requirements.
Who chooses the notary: the buyer or the seller?
In the Netherlands, the buyer has the right to choose the notary, unless the buyer and seller agree otherwise. This is established in the standard NVM purchase agreement. Since the buyer typically pays the notary fees for the transfer of ownership, they also have the choice of which notary’s office to engage.
In practice, the buyer and seller can choose a notary together, which can sometimes simplify communication. If the seller has a preference for a particular notary’s office, this can be taken into account during negotiations, but the final decision rests with the buyer.
Please note: if a mortgage is involved in the purchase, the mortgage lender may impose additional requirements on the notary’s office. It is advisable to check this with the lender in advance.
What are the notary fees when selling a house?
The notary fees when selling a house consist of two parts: the costs for the deed of transfer (transfer of ownership) and, where applicable, the costs for a mortgage deed. The costs for the deed of transfer typically range between €700 and €1,500, depending on the notary’s office and the complexity of the transaction. These costs are normally borne by the buyer.
As a seller, you will generally not pay notary fees for the transfer itself. However, there may be additional costs, such as:
- Discharge of the mortgage: if, as the seller, you have a mortgage that is paid off at the time of transfer, the notary will charge a fee for this (often between €150 and €400)
- Power of attorney or additional deeds: if special legal arrangements are required
Notaries in the Netherlands are free to set their own fees, so it is worth requesting and comparing multiple quotes. When doing so, consider not only the price, but also the level of service and accessibility of the office.
What is the difference between a purchase agreement and a deed of transfer?
The purchase agreement is the contract in which the buyer and seller record the terms of the sale, such as the price, the conditions for cancellation, and the completion date. The deed of transfer is the official notarial document that legally formalizes the transfer of ownership and is registered with the Land Registry. Without a deed of transfer, the buyer is not legally considered the owner.
The purchase agreement: the deal in writing
The purchase agreement is signed by the buyer and seller, often with the assistance of a real estate agent. This document contains all the terms of the sale, including any conditions for cancellation such as a financing contingency or a structural survey. After signing, the buyer has a statutory three-day cooling-off period. The purchase agreement is binding, but ownership has not yet been transferred.
The deed of transfer: the legal handover
The deed of transfer is drawn up by the notary and signed at the notary’s office on the agreed transfer date. At that point, the purchase price is also settled via the notary’s escrow account. After signing, the notary registers the deed with the Land Registry, and only then does the buyer officially become the owner of the property.
What happens if there is a mortgage on the property?
If there is a mortgage on the property being sold, the notary pays it off directly from the sale proceeds at the time of transfer. The notary receives the purchase price from the buyer into the escrow account, pays off the seller’s mortgage lender, and transfers the remaining amount to the seller. This process is known as discharging the mortgage.
The notary requests a redemption statement from the seller’s mortgage lender in advance. This states the exact amount needed to fully pay off the mortgage on the transfer date, including any interest and early repayment penalties.
If the sale proceeds are lower than the outstanding mortgage debt, this is referred to as negative equity. In that case, the seller must make up the shortfall themselves or reach an arrangement with the mortgage lender. The notary can only finalize the transfer once this has been resolved.
When is a notary required when selling a house?
In the Netherlands, a notary is always required when selling a property. The law stipulates that the transfer of ownership of real estate must take place via a notarial deed and must be registered with the Land Registry. This applies without exception, including sales between family members or acquaintances.
A notary is therefore not optional, but a legal requirement. This distinguishes the Netherlands from countries where ownership can be transferred through a lawyer or without the involvement of a third party. The mandatory notarial transfer provides legal certainty for both buyer and seller, and protects both parties against future disputes over ownership.
There are situations in which the notary plays an additional role, such as:
- Inheritance or gifting of a property (notarial deed of distribution or gift required)
- Sale by auction
- Properties with special legal arrangements, such as leasehold or a homeowners’ association
How we help you sell your property
The process of selling a property involves more than just finding a buyer. From valuation and marketing strategy to the final transfer at the notary’s office: every step requires the right approach. At Urban Homies, we guide you through the entire process, so you always know exactly where you stand.
What we do for you:
- Property valuation based on current market conditions in your area
- Professional presentation of your property with photography and a tailor-made listing
- Negotiation with potential buyers to achieve the best price and terms
- Support with the purchase agreement and transfer, including coordination with the notary
- After-sales care following the transfer, to ensure everything is wrapped up smoothly
Would you like to know what your property is worth or how we can support you through the sale? Get in touch and we would be happy to think it through with you. You can also read more about our sales support service to see how we work.
