The role of the notary in buying a home More than just a signature

When you buy a house, many professionals come by: the broker, the mortgage advisor and the appraiser. But the only person who makes the purchase official and irrevocable is the notary. In the 2026 Dutch legal system, the intervention of a notary when transferring real estate is required by law.

Many buyers see the appointment at the notary as a formal formality at the end of an exciting process: a moment of drinking coffee and signing signatures. The reality is that the notary plays a crucial, independent role in protecting both the buyer and the seller. The notary ensures that the biggest financial transaction of your life is legally watertight and that ownership is transferred lawfully.

The independent guardian of the process

In contrast to a broker, who represents the interests of one party, the notary is impartial. The notary serves the interests of the buyer, the seller and society (legal certainty). In 2026, this role will be more important than ever due to the increasing complexity of regulations concerning money laundering prevention and the origin of equity.

The notary has a far-reaching duty to investigate. He or she checks that all parties are legally competent, that the seller is indeed the rightful owner, and that there are no attachments to the home that prevent the sale.

Drafting the crucial acts

The notary prepares two main documents that form the basis of the transfer:

The act of delivery (Transport act)

This is the document by which ownership of the home officially passes from the seller to the buyer. The notary bases this deed on the purchase contract that was previously signed. He checks that all agreements in the purchase contract have been correctly translated into the deed of delivery. This includes the purchase price, the delivery date and any movable property that is taken over.

The mortgage deed

If you take out a loan for the home, the notary draws up the mortgage deed. This is the agreement between you and the bank. This states that the home serves as collateral for the loan. The notary ensures that the bank's terms and conditions (such as interest and term) are correctly defined and that the bank receives the “right to mortgage”.

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Safe financial settlement: The quality account

One of the most important functions of the notary is to manage the cash flows via the third party money account (also known as a quality account). This is a highly secured account that is separate from the notary's office assets.

• Payment of the purchase price: As a buyer, you transfer the purchase price (and the buyer's costs) to this account. The bank also pays the mortgage amount here.
• Payout check: The notary only pays the seller after checking with the Land Registry that the house has been delivered “clean”. This means that the seller's old mortgage has been repaid and that no new attachments were made between the time of signing and the time of registration.
• Repaying debts: The notary also ensures that the seller's existing mortgage is repaid and that outstanding accounts (such as the broker's commission) are paid from the sales proceeds.

The search in the public records

Before the notary has the acts signed, he conducts extensive research in the Cadastre and other public records. The notary checks, among other things:

• Property title: Is the seller the full owner? In the case of inheritances or divorces, this is sometimes more complex than it seems.
• Easements: Are there rights of way on the plot? Are there chain terms that the buyer must comply with?
• Bankruptcies: Is the seller under receivership or is there a bankruptcy?

In 2026, the notary will also carry out the mandatory WWFT check (Prevention of Money Laundering and Terrorist Financing). This means that the notary must verify where the buyer's own money comes from (for example, from savings, a donation or the sale of a previous home).

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Registration with the land registry

Once the acts have been signed by all parties, the transfer is not yet complete. The buyer has the keys, but the world still knows nothing about it. The notary sends a copy of the deed of delivery and the mortgage deed to the land registry. Only once the land registry has processed the documents are you officially the owner to the outside world. In 2026, this registration will almost always take place digitally, so this process is very fast.

Notary fees

The notary fees fall under the “Buyer costs” (k.k.). The rates for a home transfer have been released, which means that notaries can set their own prices. This ensures healthy competition.

Savings tip: It is worthwhile to compare quotes. Rates can vary by hundreds of euros between offices in the same city for exactly the same work.

The final verdict: Peace and legal certainty

The notary is the legal architect for your home purchase. Thanks to the strict procedures, financial monitoring via the third-party account and the in-depth investigation into the legal status of the property, the notary ensures that you can live in your new home with peace of mind. Without the notary, the housing market would be an opaque and risky minefield.

The notary isn't just there for the papers; he's there to seal your right to own property.