Real estate sale: the documents to bring to the notary

When you buy a house, there is so much to do and think, just as there are so many documents to present to the notary so that the parties can, after the appropriate verifications, reach a mutually beneficial agreement, without fear of surprises. Some documents, or those needed to identify the seller and the buyer, are common to both. With regard to the property, the subject needed to produce the most important documentation is the seller. We thus see, without claim of completeness, which are the main documents to present to the notary when a contract of sale is stipulated.

Documents common to the seller and the buyer

The documents that the seller and the buyer must bring to the notary in case of sale are not always the same.

The details

When the seller and / or the buyer are natural persons, they must give to the notary:

• the identity card or other identification document and, in the case of non-European citizens, the residence permit or entry visa;
• the certificate of free status or, if he is married, the certificate of marriage certificate or certificate of civil union;
• a copy of any heritage agreement or cohabitation.

Legal person

Where, on the other hand, the person selling or buying is a legal person, the notary must receive:

• a copy of the legal representative’s identity document;
• any resolution with which the agent has been appointed to sell;
• the identification data of the legal person, or the resulting tax code, if possible, of the register in which it is registered, the name of the registered office and the name of the the legal person.

Specific documents of the buyer

The buyer who has applied for a loan from the bank must provide the notary with the contacts of the institution to enable him to have all the information necessary for the provision of the latter. In addition to this, he must deliver:

• a copy of the preliminary sales contract;
• a copy of the documents showing the amount already paid to the seller;
• and, if an agency intervened, the data of the same, the agreed commission and the copy of the documentation showing what has already been paid.

Documents relating to the property

The necessary documentation to identify the seller, the buyer, their status and their availability must be submitted to the notary with all the documentation relating to the property that is the subject of the purchase contract.

These are the main documents to present:

1. copy of the plan deposited in the cadastre, planimetric conformity to the inventory of fixtures and other cadastral documents possibly necessary;
2. copy of the payment method proving what has already been paid by the buyer;
3. if the buyer has taken over the pre-existing loan, he must provide a copy of the receipt of the last payment;
4. copy of the mortgage certificate, to check whether mortgages are registered on the building or are subject to foreclosures;
5. copy of the act of purchase of the property and, if acquired, mortis causa, of the declaration of succession, of the will, of the acceptance of the succession, of the European certificate of succession showing how the seller came into possession of the good;
6. if the property being sold is inside a condominium, a copy of the condominium bylaw is required, accompanied by the condominium administrator’s certificate showing that the seller has paid the full cost of the condominium co-ownership and existence of resolutions relating to extraordinary expenses or litigation;
7. a copy of all construction measures relating to the construction of the building, such as building permit, modification practices, etc.
8. any authorization of cultural property, if the building is subject to monitoring constraints;
9. copy of the viability certificate or documents proving that the application has been submitted;
10. certifications of conformity of installations (hydraulic, electrical, thermal, gas);
11. boiler booklet, showing the regularity of controls and its effectiveness;
12. APE, energy performance certificate.