Who pays the notary, the buyer or the seller?

In real estate transactions, one of the most common questions troubling both parties is who bears the cost of the notary. Although it is a relatively small item in the overall transaction costs, ambiguity about who pays what can unnecessarily complicate the agreement. In this article, we explain what the law prescribes, what the usual practice in Croatia is, and what to watch out for before signing the contract.

The role of the notary in real estate transactions

A notary is an impartial legal expert whose role is to ensure the legal security of the transaction. In a real estate sale, the notary represents neither the buyer nor the seller, but rather verifies the authenticity of signatures and gives the document the force of a public document. Without their certification, the sales contract cannot serve as the basis for entry into the land registry.

It is important to distinguish between two things that are often confused:

• Drafting the contract is done by a lawyer or a real estate agency.
• Signature certification is exclusively the notary's job.
• Solemnization is a more complex procedure of certifying the entire contract, mandatory for loan agreements.

The work of notaries is regulated by the Notary Public Act, and the prices are prescribed by the Notary Tariff. This means that the price of signature certification is not a matter of negotiation with the notary, but is the same throughout Croatia.

Who is legally required to certify the signature?

According to practice in real estate transactions, the seller is the one who must certify their signature on the sales contract at the notary. The buyer is not required to certify their signature because, without the seller's certification, the new owner cannot be registered in the land registry.

The reason lies in the land registry system. To register a change of ownership, a tabular declaration or a certified signature of the seller is required, by which they unconditionally allow the registration of the buyer as the new owner. Without this document, the land registry department of the court will not carry out the registration, regardless of whether the purchase price has been paid. You can read more about the importance of legal checks in the article what condominium registration is and why it matters when buying an apartment.

Who pays for signature certification in practice?

Since it is the seller who must certify the signature, as a rule they also bear the cost of certification at the notary. This practice is established because the certification technically represents the seller's obligation, not the buyer's.

However, the buyer and seller are free to agree otherwise. In practice, three common scenarios occur:

• The seller pays (standard practice in most cases).
• They split it 50/50, which is a common compromise for higher amounts.
• The buyer pays in full, especially if they are keen to close the deal faster.

This agreement is best recorded in the sales contract itself to avoid misunderstandings later.

Overview of costs by item

To make it completely clear who pays what in the entire purchase, below is an overview of the most important costs related to the notary and registration.

Item	Who pays	Approximate amount	Note
Signature certification on the sales contract	Seller (as a rule)	around €40	Different agreement possible
Certification of the tabular declaration	Seller	around €20 to €40	Issued after payment
Certification of the preliminary contract	Seller (as a rule)	around €40	Recommended with a deposit
Solemnization of the loan agreement	Buyer only	depends on the loan amount	Statutory maximum
Land registry entry	Buyer only	around €40	Paid to the court
Real estate transfer tax	Buyer only	3% of market value	Reported by the notary

A complete overview of all costs related to the purchase can be found in the article costs of buying an apartment in Croatia.

Solemnization of the loan agreement, exclusively the buyer's cost

If the buyer purchases the property with the help of a bank loan, the loan agreement must be solemnized at the notary. Solemnization is a more complex procedure than ordinary signature certification because the notary reads the contract, explains the meaning of each provision to the parties, and certifies the entire contract, giving the document the force of an enforceable document.

Key features of solemnization to know:

• The cost is borne exclusively by the buyer because the loan agreement is a matter between the buyer and the bank.
• The price depends on the amount of the approved loan and is prescribed by the tariff.
• There is a statutory maximum above which the amount does not increase.
• Solemnization is significantly more expensive than ordinary signature certification.

This cost cannot be transferred to the seller because the seller is not a party to the loan relationship.

Other notary-related costs to know about

In addition to basic certifications, there are several additional items that occur in a typical sale. The first is certification of the preliminary contract, which is recommended when a deposit is given with the preliminary contract. Who pays for this certification is a matter of agreement, but in practice the cost most often falls on the seller.

The second is land registry entry, which is always paid by the buyer because they are acquiring the right being registered. Although this is not a notary cost, the notary, after certifying the contract, automatically reports the transaction to the Tax Administration, so within a few weeks the buyer receives a decision on the real estate transfer tax of 3% of the market value. You can read more about this tax in the article real estate transfer tax.

How to avoid misunderstandings about costs in advance

The safest way to avoid disagreements is to clearly state the distribution of all costs in the sales contract or preliminary contract. Here are a few practical tips that will make the process easier for you:

• Put all agreements in the contract, even if you stick to the usual practice.
• Request a quote in advance — although tariffs are prescribed by law, specifics such as the number of certified copies can affect the final amount.
• Ask your agent or lawyer for a recommendation on the usual cost distribution in your case.
• Limit the number of certified copies to the minimum you actually need.
• Prepare the documentation in advance to avoid additional visits to the notary.

If you work with a real estate agency, experienced agents usually propose a fair distribution in advance that corresponds to market practice.

Conclusion

In Croatia, the practice is clear: the cost of signature certification on the sales contract at the notary is usually borne by the seller, because they are the one who must certify the signature so that the buyer can carry out the registration. The buyer, on the other hand, bears significantly higher costs such as transfer tax, land registry entry, and, if using a loan, the solemnization of the loan agreement. The distribution of costs is not set in stone by law, and the parties may agree otherwise, so it is recommended that every agreement be put in writing. If you are planning to buy or sell a property on the Makarska Riviera, ADRION real estate will gladly explain all the costs and guide you through the entire process, from the preliminary contract to registration.

Frequently asked questions

Does the buyer need to go to the notary at all?

For the property sale itself, the buyer is not required to certify their signature, but they will have to go to the notary if they are buying the property with a loan, because solemnization of the loan agreement is then required. The buyer is also involved in the process when documentation is submitted for registration.

Can it be agreed that the buyer pays all the notary costs?

Yes, the distribution of costs is a matter of free agreement between the buyer and the seller. Although the usual practice is that the seller pays for the signature certification, the parties may agree that the buyer takes over this cost or that it is split 50/50. The most important thing is that the agreement is clearly written in the contract.

What is the approximate total amount of notary costs?

For a standard sale without a loan, the total notary costs are usually only a few dozen euros. If a loan is involved, the cost of solemnization is added, which can be significantly higher and depends on the loan amount.

Does the buyer pay the notary and the tax separately?

Yes, these are two completely separate items. The notary charges only their tariff for the actions performed, while the real estate transfer tax is paid separately to the Tax Administration based on the decision that arrives after the transaction is reported.

What happens if the seller refuses to certify the signature?

Without the seller's certified signature, the buyer cannot be registered in the land registry, which means they do not formally become the owner of the property. In such situations, the buyer has the right to seek fulfillment of the contract through the courts, but this is a lengthy process that is best prevented with a clear preliminary contract and deposit.