The Role of the Notary in a Swiss Property Purchase

The notary as public official

In Switzerland, the notary is a public official appointed by the canton — not a private lawyer. The notary's role is to ensure that property transactions are legally correct, properly documented and registered in the land register. The notary acts for both parties — buyer and seller — and is responsible for the integrity of the transaction, not for advocating for either party's interests.

This is an important distinction for buyers from countries where solicitors or attorneys act exclusively for one party. In Switzerland, the notary is a neutral official whose primary obligation is to the law and to the accuracy of the transaction record.

What the notary does

The notary's responsibilities in a Swiss property transaction include: verifying the legal status of the property (land register, encumbrances, easements); verifying the identity and legal capacity of both parties; preparing the purchase deed; ensuring that any Lex Koller authorisation is in place (for foreign buyers); collecting and holding the purchase price in escrow; executing the deed in the presence of both parties; and registering the transfer in the land register.

The notary also calculates and collects the transfer tax (droits de mutation) and notary fees, which are paid by the buyer at the time of signing.

How the notary is appointed

In the canton of Vaud, the notary is typically chosen by the buyer. The buyer's agent will usually recommend experienced notaries who are familiar with the Montreux market and with the specific requirements of foreign buyers (Lex Koller, etc.). It is important to choose a notary who has experience with international transactions and who can communicate in the buyer's language if necessary.

The notary's fees are regulated by cantonal law and are calculated as a percentage of the purchase price. In Vaud, notary fees are typically 0.1 to 0.3 percent of the purchase price, in addition to the transfer tax of approximately 2.2 percent.

Working with the notary

Buyers should engage with the notary early in the process — ideally before the reservation agreement is signed. The notary can review the reservation agreement, advise on any legal issues identified during due diligence and begin preparing the purchase deed in parallel with the due diligence process.

Buyers who do not speak French should ensure that the notary can communicate in their language, or arrange for a qualified interpreter to be present at the deed signing. The deed itself will be in French (in the canton of Vaud), but the notary should be able to explain its contents in the buyer's language.

Key points

• Notary is a public official — acts for both parties, not exclusively for the buyer
• Responsibilities: legal verification, deed preparation, escrow, registration
• Ensures Lex Koller authorisation is in place for foreign buyers
• In Vaud, notary is typically chosen by the buyer
• Notary fees: 0.1–0.3% of purchase price; transfer tax: ~2.2% (Vaud)