When we are commissioned with a notarial process, we are often asked how much it ultimately costs. That sounds simple, but it is complex matter.
legal basis: GNotKG
Notary fees will be charged after Court and Notary Fees Act (GNotKG) raised. The amount of the fee is based on the so-called commercial value on the one hand and the fee factor on the other, which is determined by the type and scope of the notarial activity. The certification of unilateral declarations (e.g. the ordering of a land charge) have a fee factor of 1,0 (KV No. 21200), the certification of multi-page declarations (e.g. contracts) have a fee factor of 2,0 (KV No. 21100), enforcement and care activities are generally charged with a fee factor of 0,5 (KV no. 22110 and 22200).
However, the devil is in the details. Business value is not always the amount that one would intuitively assume at first. The certification of a power of attorney, based on a specific real estate purchase contract, has, for example, half the business value of the purchase contract itself, but no more than 1 million euros (Section 98 (1) GNotKG). If, on the other hand, it is a general power of attorney for the sale of real estate that is not related to a specific notarization, the full value may be applicable, but also limited to EUR 1 million and no more than half of the total assets of the principal (Section 98 (3) GNotKG).
It is also not always immediately obvious what the content of the transaction actually is and which content is included in the value calculation. When real estate is donated (e.g. by parents to their children), the parents often reserve the right of usufruct and, if applicable, the right to reclaim the property (e.g. in the event of divorce or insolvency or resale by the gifted child). Usufruct and clawback rights have value of their own. However, such counter-performances or reservations only apply if they exceed the value of the object, otherwise the object value applies.
The law contains many such differentiations, which means that quick cost statements are usually required. are not possible. This has to be checked carefully in each individual case.
Notary cost calculator online
The complexity of the matter makes it difficult to provide online tools that allow simple cost forecasting. There is, for example the Notarkostenrechner.com here. In order to get correct results, however, the entries must be correct, i.e. the business value on the one hand and the fee factor on the other. And even then the results are not exact. For example, the aforementioned notary cost calculator shows the costs of a notary escrow account. However, the fees for such a transaction depend on the amount and how many payments are made, whether the notary forwards the entire purchase price in one sum when paying out, or whether he first serves three banks and then the WEG and finally only a remainder pays the seller. The online tool does not differentiate here, but assumes the full amount is forwarded.
Accordingly, the amounts stated there can only be used as an approximate estimate. However, it may be helpful for an overview of the order of magnitude.