Civil-law notaries (notarissen) play a crucial role in the legal system, where accuracy, integrity and impartiality are essential. Situations can arise in which the service does not meet expectations or in which you think the notary has not acted correctly. This can range from breaching the official duty of confidentiality to invoicing for services that were not carried out. It is important to know that there are various routes you can take to express your dissatisfaction and find a suitable solution. This page describes the situation in the Netherlands.
Profession and duties of the civil-law notary
The profession of civil-law notary is unique and versatile. This man or woman holds a legal office and plays a crucial role in the legal system. As independent and impartial professionals, notaries have the power to formalise legally valid documents and transactions, giving them an official status. They advise their clients on a wide range of legal matters, from family law and inheritance law to property law and company law. Notaries ensure that the content and form of legal documents are correct, such as wills, prenuptial agreements and cohabitation agreements.
Duties of the civil-law notary
A civil-law notary plays a crucial role in legal transactions by helping parties make legally valid and binding agreements. With their expertise, they provide legal advice and safeguard the interests of all parties, and their independent and impartial position is essential here. They ensure that agreements are recorded in a notarial deed, which provides clarity and certainty for everyone involved, now and in the future. The notary's field of work is broad and includes, among other things:
- Drawing up a will
- Drawing up prenuptial agreements
- Drawing up registered partnership agreements
- Drawing up other agreements (cohabitation agreement, lasting power of attorney …)
- Supervising foreclosure auctions
- Amending the articles of association of a company
- Supervising the purchase or sale of a house
In some situations, using a notary is compulsory, for example when selling a house. In other situations, for example when drawing up a cohabitation agreement, using a notary is not compulsory, but it is advisable.
Price of the civil-law notary
The price a notary charges for their services varies widely. This depends on the specific needs and circumstances. A notary is first and foremost an entrepreneur and can largely set their own prices. Before you make a choice, it is sensible to request several quotes, so that you get a clear picture of the costs and the content of the service. Notaries can choose to charge a fixed amount, to work with an hourly rate or a combination of the two.
The notary's quote will make clear which work is standard and for which additional work extra costs may be charged. In addition to the fee, costs for registrations and a contribution to the Notarial Quality Fund (Kwaliteitsfonds Notariaat), intended to finance disciplinary proceedings and supervision, may also be part of the quote. When buying or selling a house, there are specific notary costs you need to take into account.
Ground rules when using a civil-law notary
When you engage a notary for legal matters, a professional relationship arises that is based on an agreement. This agreement with the notary usually comes about by accepting an engagement letter or quote. These documents set out the agreements made between you and the notary, including the general terms and conditions. It is customary and advisable to accept in writing. If your assignment is urgent, the agreement can also come about because the notary starts carrying it out or shows in another way that they have accepted the assignment.
It is important to know that you are always entitled to a clear explanation of the costs associated with the notarial work, even before you enter into an agreement. The notary will indicate whether they work with a fixed price or on the basis of an hourly rate. In the latter case, they will give an estimate of the time needed. In addition, a notary is obliged to inform you about any additional costs, such as Land Registry (Kadaster) costs for the transfer of a home or costs for registration in the Central Wills Register (Centraal Testamentenregister, CTR). You pay these costs to the notary, who then arranges payment to the relevant bodies.
After the service has been completed, you receive an invoice from the notary that clearly states which costs are being charged and why. If a fixed price has been agreed, the notary may not charge more than this amount, unless there is additional work or necessary work that was not known in advance. The notary also keeps you informed of the progress of the work and, if possible, indicates in advance when the assignment will be completed. Any changes to the planning are communicated to you, including the reasons for these changes. In this way, the notary ensures that you always know where you stand and what you can expect from the service.
Civil-law notaries and disciplinary law
Notaries are subject to disciplinary law (tuchtrecht). This means they must comply with certain professional standards and rules of conduct. If a notary breaks these rules, a disciplinary complaint can be filed against them. These complaints are dealt with by the Chamber for Notaries (Kamer voor het notariaat), part of the district court in the region where the notary works. If you have a complaint, you must submit it in writing or by email, enclosing a description of the complaint and any supporting evidence. After a public hearing, the chamber gives its decision within six weeks. If a complaint is upheld, various disciplinary penalties can be imposed on the notary:
- Warning: A mild reprimand in which the notary's attention is drawn to their conduct.
- Reprimand: A more serious reprimand than a warning.
- Removal from the office of notary: The most severe penalty, in which the notary is permanently removed from office.
- Suspension: A temporary removal of the notary from office, meaning they may not carry out their work for a certain period.
- Fine: A financial penalty that can be imposed on the notary.
In addition, the notary can be ordered to pay the costs of the proceedings, including the court fee (griffierecht) and any other costs incurred by the complainant, such as travel expenses or the costs of legal assistance. It is possible to appeal against the decision of the Chamber for Notaries. You do this at the Notaries Chamber (Notariskamer) of the Court of Appeal in Amsterdam. It is important to know that disciplinary law does not rule on compensation.
Filing a complaint about a civil-law notary
If you have a complaint about a civil-law notary, it is important to know how to deal with it and how you can find a suitable solution. It is always advisable to discuss the situation with the notary first. If this does not produce the desired solution, you can take further steps.
- Discuss the complaint with the notary
Start by discussing your complaint with the notary. This is often the quickest and most effective way to find a solution. An open conversation can clear up misunderstandings and the notary has the opportunity to take action straight away.
- Mediation and dispute resolution
If a conversation with the notary does not lead to a satisfactory solution, you can contact the Royal Dutch Association of Civil-law Notaries (Koninklijke Notariële Beroepsorganisatie, KNB) for mediation. The mediation is neutral and aimed at finding a solution. You can fill in a complaint form on the KNB website or send a letter. Complaints about the service or about the notary's bill can in turn be submitted to the Disputes Committee for Notaries (Geschillencommissie Notariaat). This committee deals with complaints up to an amount of €10,000. The decision is binding and it is not possible to appeal against it. You can, however, ask the court to assess the decision against the standards of reasonableness and fairness.
Fill in the complaint form (KNB) - File a complaint with the Chamber for Notaries
If mediation by the KNB does not offer a solution and your complaint is not about a matter the Disputes Committee can deal with, you can file your complaint with the Chamber for Notaries. You do this in writing at the Chamber in your notary's region. Bear in mind that the Chamber for Notaries can also refer the complaint to the disputes committee. There are four Chambers for Notaries (the court of appeal districts of Amsterdam, Arnhem-Leeuwarden, The Hague and Den Bosch). Which Chamber has jurisdiction depends on the notary's region. The Chamber for Notaries assesses your complaint on the basis of the disciplinary rules and can take various measures. These decisions do not concern compensation; for that you can go to the civil court.
- Appeal against the decision of the Chamber for Notaries
Do you disagree with the decision of the Chamber for Notaries? Then you can appeal to the Court of Appeal in Amsterdam. This is the only court that hears appeals in complaints against notaries, junior notaries (kandidaat-notarissen) and added notaries (toegevoegd notarissen). It is also the highest authority, so it is not possible to lodge a further appeal or an appeal in cassation after this. To lodge an appeal, you must submit a notice of appeal to the registry of the court. The court will hear the case completely afresh, but will not take into account complaints or parts of complaints that have not been raised before. The court usually gives its decision within ten weeks of hearing the case. In a number of cases excluded by law, it is not possible to appeal against the decision of the chamber.
Relevant parties in handling complaints about a civil-law notary
If you are dissatisfied with the services of a notary, it is important to know which parties you can turn to with your complaint. Below, various parties that may be involved in handling complaints about notaries are explained. First of all, it is always important to discuss the complaint with the notary themselves. In most cases, this leads to a satisfactory solution.
The notary themselves
Notary offices have an internal complaints procedure that you can consult. Among other things, this procedure sets out how you can submit complaints and how these complaints are dealt with. An open conversation can often remove a lot of uncertainty and dissatisfaction. Notaries benefit from reaching a solution together with you and will take your complaint seriously. It is important to keep the conversation businesslike and neutral and to give the notary the chance to explain their actions. Then try to make clear and concrete agreements, and be sure to say so if a legal term is not entirely clear.
KNB (Royal Dutch Association of Civil-law Notaries)
The Royal Dutch Association of Civil-law Notaries is responsible for organising the notarial profession and for notaries practising their profession properly. It is based in The Hague. Among other things, it makes regulations aimed at notaries, takes steps to improve the professional competence of notaries and is responsible for promoting the proper practice of the profession by notaries. This organisation offers impartial mediation to reach a solution in a conflict with a notary. The KNB handles complaints in writing and tries to reach a satisfactory outcome through an exchange of views between you and the notary.
Disputes Committee for Notaries (Geschillencommissie Notariaat)
For complaints about the quality of the service or about the amount of the bill that cannot be resolved with the notary or through mediation by the KNB, you can turn to the Disputes Committee for Notaries. This committee gives a binding decision on the dispute. The Disputes Committee consists of three members, including one member nominated by the Dutch Consumers' Association (Consumentenbond).
The Disputes Committee deals with cases with a value of up to €10,000. For bills of more than €10,000, the dispute is only dealt with if the part above €10,000 is expressly waived. Complaints that are purely disciplinary in nature are not dealt with by this disputes committee. A complaint fee must be paid when submitting the complaint.
Chamber for Notaries
If mediation does not lead to a solution, you can file a complaint with the Chamber for Notaries. This is a disciplinary body that assesses complaints about the professional conduct of notaries. The Chamber can impose various measures if a complaint is found to be justified, such as a warning, a suspension or removal from the office of notary.
Liability of the civil-law notary
Notaries bear considerable responsibility in practising their profession, and they are bound by a strict duty of care towards their clients and, in certain situations, towards third parties as well. This duty of care means that the notary must carry out their work with the care that may be expected of a reasonably competent and reasonably acting fellow professional. If a notary breaches this duty of care, they can be held liable for the resulting damage. Whether a notary has indeed breached their duty of care and is therefore liable for the damage depends very much on the specific circumstances of the case.
If the notary is found liable, they are in principle obliged to compensate the damage the client suffers as a result of the professional error. The amount of compensation is intended to put the injured party in the position they would have been in if the professional error had not been made. In principle, notaries have liability insurance that provides cover for such liability claims. In addition to liability under civil law, notaries can also be held to account under disciplinary law for their actions. This disciplinary law is separate from the possibility of claiming compensation in civil proceedings.
Legal expenses insurance and a complaint against a civil-law notary
Legal expenses insurance can offer the necessary support if you are considering taking legal action against a notary. This insurance first and foremost provides legal assistance and advice. It also covers the legal costs involved in proceedings against the notary, provided that the matter falls within the scope of the policy. The exact cover depends on the policy conditions and can differ from insurer to insurer. Some policies set specific conditions on the type of disputes covered or set a limit on the reimbursement of lawyers' fees. It is also possible that an excess applies, which means you have to bear part of the costs yourself.
Frequently asked questions about civil-law notaries and complaints about notaries
When you deal with a notary, you naturally rely on the professionalism and integrity of this expert. Even so, you may not be satisfied with the service or you may have doubts about whether the notary's actions are correct. It is important not to be left with unanswered questions. So read these FAQs and talk to the notary.
Does the notary have professional secrecy?
The notary has an official duty of confidentiality (ambtsgeheim). This means that the notary must keep confidential information they have received secret. If the notary does not comply with this duty of confidentiality, the notary can be punished under disciplinary law and ordered by the court to pay compensation.
What is the notary's duty of care?
The notary's duty of care means that, in carrying out their work, the notary must exercise the care of a good contractor. This means that the notary carries out their tasks with the expertise and care that may be expected of them as a professional.
Where can I go with a complaint about a notary?
With a complaint about a notary, you can first go to the notary themselves to discuss the complaint with them. If you cannot resolve it together, you can request mediation from the Royal Dutch Association of Civil-law Notaries (KNB). If this does not lead to a solution either, you can submit the complaint to the Disputes Committee for Notaries or file a disciplinary complaint with the Chamber for Notaries.
How do I file a complaint about a notary in connection with an inheritance?
You can first try to resolve a complaint about a notary in connection with an inheritance by contacting the notary concerned directly. You can use the notary office's internal complaints procedure for this. Other options are requesting mediation from the KNB or submitting the complaint to the Disputes Committee for Notaries, which gives a binding decision (source: De Geschillencommissie). For serious complaints about the notary's professional conduct, you can also file a disciplinary complaint with the Chamber for Notaries.
What are the consequences of a notary breaching their duty of care?
If a notary breaches their duty of care, the notary can be punished under disciplinary law. This can range from a warning or reprimand to suspension or even removal from office. In addition, the notary can be held liable under civil law for the damage resulting from the breach of the duty of care. This can lead to having to pay compensation to the injured party or parties.