Notary fee — how much you will pay at the notary
This article is for informational purposes only and does not constitute legal, tax or financial advice within the meaning of applicable law. Consult a licensed advisor before making any decision.
Signing a contract to buy a flat must take the form of a notarial deed, and for drawing it up the notary charges a fee known as the notary fee. For many buyers this is one of the more surprising costs, because it appears only at the finish line of the transaction.
In this article we explain how the notary fee is set, what determines its amount, what exactly the bill from the notary's office contains and whether you can save anything on this charge. This will help you plan your budget for buying a property better.
- The notary fee is the notary's remuneration for drawing up the deed, whose upper limit is set by the regulation of the Minister of Justice.
- The amount of the fee depends mainly on the value of the property — the more expensive the flat, the higher the charge, though it grows more slowly than the price.
- To the fee the notary adds VAT and charges for copies of the deed and other additional tasks.
- The rates from the regulation are maximum ones, so the amount can be negotiated, especially for high-value transactions.
What the notary fee is
The notary fee is the remuneration due to the notary for a task performed, above all for drawing up the notarial deed transferring ownership of the property. It is not a tax or a charge going to the state budget, but payment for the service of a professional who oversees the correctness and safety of the whole transaction.
The upper limits of this remuneration are set by the regulation of the Minister of Justice on maximum notary fee rates. This means the notary may not charge more than the regulation provides for a given value of the transaction, but has the right to propose a lower amount.
What determines the amount of the fee
The most important factor affecting the amount of the fee is the value of the property that is the subject of the contract. The regulation sets the rates as brackets dependent on value thresholds — the higher the price of the flat, the higher the notary's maximum remuneration. This relationship is not linear, however: for more expensive properties the fee grows more slowly than the price itself.
Besides the value, the type and degree of complexity of the transaction also matter. A simple purchase of a finished flat will be cheaper than a transaction involving additional declarations, the establishment of an easement or a complicated division of assets. Before visiting the notary's office it is worth asking for a preliminary calculation tailored to your situation.
What the bill from the notary covers
The amount you ultimately pay at the notary's office is usually more than the fee itself. VAT at the applicable rate is added to the notary's remuneration. In addition, you pay separately for copies of the notarial deed, the number of which depends on how many institutions must receive the document — the land and mortgage register court, an office, the lending bank or the parties to the contract.
The notary often also acts as an intermediary in other settlements: collecting and passing on the PCC tax and the court fees for entries in the land and mortgage register. On a single bill you will therefore find several items, so it is worth asking for them to be itemised, so you know which amounts are the notary's remuneration and which are levies passed on further.
Who pays the notary fee
By common practice the costs of the notarial deed, including the fee, are borne by the buyer. This does not stem from an absolute legal requirement but from established market custom — the parties may agree otherwise and split the costs between them. In a typical flat sale transaction, however, it is the buyer who settles the bill at the notary's office.
This is of practical importance when planning your own contribution. The notary fee, like PCC and court fees, is not financed by a mortgage and you have to cover it from your own funds. That is why, when calculating your budget for buying a flat, it is worth adding up all the purchase-related costs, not just the price of the unit itself.
Can the fee be negotiated
Because the regulation sets only maximum rates, the notary has the right to propose lower remuneration. This opens room for negotiation, especially with high-value transactions, where even a small reduction in the percentage rate translates into real savings. Not every office will agree to concessions, but asking costs nothing.
It is also worth comparing the offers of several offices, bearing in mind that the differences may concern not only the fee itself but also the number and price of copies. When choosing a notary, be guided not only by price but also by experience and efficiency of service, because the safety of your transaction depends on the quality of their work.
Summary: how to plan the notary's cost
The notary fee is the remuneration for drawing up the deed; its upper limit is set by the regulation of the Minister of Justice, and its amount depends above all on the value of the property. Added to the fee are VAT and charges for copies, and the bill from the notary's office often also includes PCC and court fees passed on further. Since the rates are maximum ones, the fee can be negotiated. Include this cost in your own contribution, because you cannot finance it with a loan.
Frequently asked questions
Who sets the amount of the notary fee?
What determines the amount of the fee?
Are additional charges added to the fee?
Who pays for the notarial deed?
Can the notary fee be negotiated?
The RealtyTM editorial team prepares guides based on Polish market data and current regulations. Content is reviewed by our subject editors.
Related reads
The full list of flat purchase costs: notarial fee, PCC or VAT tax, court fees, commissions and mortgage costs. How much to add to the price?
Read more
PCC tax of 2% when buying a flat on the secondary market. Find out who pays it, how to calculate the tax base and when an exemption applies.
Read more
Court fees when buying a flat — the entry of ownership and mortgage in the land and mortgage register. Find out what you pay for and who collects them.
Read more