Why secure notarial acts of purchase?

In the 2026 Dutch real estate market, the role of the notary is more fundamental than ever. When purchasing a home or commercial property, the notarial deed is not just a formal document or an administrative obligation; it is the ultimate legal shield that protects the buyer against fraud, hidden claims, and property disputes. While digital contracts and blockchain technologies are making their appearance, the intervention of an independent notary remains the only method that offers complete legal certainty in the Netherlands.

The transfer of ownership is a complex process where major financial interests are at stake. A notarial deed acts as irrefutable proof of the transaction and guarantees that the buyer actually gets what they pay for. In this article, we analyze the specific mechanisms by which notarial acts ensure the safety of purchases in 2026.

The notary's duty to investigate

One of the main reasons why a notarial deed offers security is the extensive investigative duty that the notary performs before signing. The notary acts as an independent auditor who examines the status of the registered property down to the smallest detail.

In 2026, the notary will check, among other things:

• Own day: Is the seller the actual owner and is he legally authorized to sell the property?
• Seizments and mortgages: Are there still creditors on the property or are there still mortgages that have not been repaid?
• Easements and qualitative obligations: Are there any hidden rights of third parties, such as a right of way or restrictions on the use of land?

These controls prevent a buyer from being confronted with due debts from the previous owner or legal restrictions that negatively affect the value of the property after the transfer.

The writ of execution: Direct enforceability

In the Netherlands, a notarial deed has a special legal status that a private agreement (such as a simply signed contract between two parties) does not have: the enforcement order. This means that the content of the deed can be enforced immediately without the intervention of a judge.

If the deed contains agreements about payments, penalty clauses or specific delivery conditions, and one of the parties does not comply with them, the other party can immediately call in a bailiff. This offers the buyer an enormous degree of security. For example, should the seller refuse to leave the property on the agreed date or fails to fulfil certain guarantees, the notarial deed is the immediate legal tool for enforcing enforcement. In 2026, this direct force is essential to avoid lengthy and expensive court proceedings.

Management of the third-party account

Safety when making a purchase is not only about ownership, but also about the flow of money. The notarial deed is inextricably linked to the notary office's third-party account. This is a legally protected account that is separate from the assets of the notary himself.

The buyer pays the purchase price into this account. The money remains safe there until the notary has determined that all conditions for the transfer have been met. Only after the deed of delivery has been signed and the notary has checked at the Land Registry that no new attachments have been made between the time of signing and registration (the so-called 'search'), is the money paid out to the seller. This system eliminates the risk that a buyer loses his money while the delivery of the property is canceled due to unforeseen circumstances.

Impartiality and active duty to provide information

In contrast to a broker, who represents the interests of one party, the notary is legally obliged to be impartial in 2026. This impartiality is a crucial security factor for the buyer. The notary has an active duty to provide information (the “Belehrungspflicht”).

This means that the notary must inform the buyer of the legal consequences of the provisions in the deed. Will a home be signed with a complex division deed? The notary explains what this means for monthly costs and control. Are there any unusual clauses in the purchase contract? The notary will discuss these explicitly to prevent a buyer from unconsciously committing to adverse conditions. This human control ensures that the buyer not only signs a document, but actually understands the transaction.

Registration in the land registry: Protection against third parties

A purchase is only really safe when the whole world knows you're the new owner. The notarial deed forms the basis for registration in the public registers of the Land Registry. In the Netherlands, only a notary can provide this registration.

Once the deed has been registered, the buyer benefits from “third party protection”. This means that third parties (such as the seller's creditors) can no longer claim the property based on facts that were not in the registers. Without a notarial deed and subsequent registration, a buyer would be vulnerable to fraudulent double sales or claims from unknown creditors. The digital link between the notary and the Land Registry in 2026 ensures that this protection is activated in almost real-time.

Evidence function and archiving for eternity

A final aspect of safety is the sustainability of the purchase. A notarial deed is an “authentic deed”. This means that the law assumes that the content of the deed is true unless proven otherwise.

The notary keeps the original deed (the minute) in a secure vault and now also in a heavily encrypted digital archive. Should there be a discussion about the boundaries of a plot or the rights to a shared wall for decades, the notarial deed offers the definitive solution. For the buyer, this means that his investment is secured not only for the time of purchase, but also for the entire period of ownership and even for future heirs. In a world of volatile data, the notarial deed offers an anchor of legal stability.

In 2026, the security mechanism of the notarial deed is a combination of in-depth legal research, strict financial management and the deed's unwavering status as an enforceable title. It offers peace of mind in a market that is constantly changing.