Dutch notary explained for expats: your complete guide

You’ve found your dream home in the Netherlands, made an offer, and it’s been accepted. Exciting! But then someone mentions “the notary”,
and suddenly you’re wondering what that means, what they actually do, and whether you’re about to sign something you don’t fully understand.

If you’re an expat buying property here, the notary (notaris) plays a central role you can’t skip. They’re not optional, they’re legally required. And unlike in some countries, the Dutch notary isn’t “your” representative or “their” representative, they’re an impartial public official who makes sure the sale is legal, transparent, and binding.

What does a notary actually do when you buy a house?

The notary is responsible for drafting and witnessing the two most important documents in your home purchase: the purchase deed (leveringsakte) and the mortgage deed (hypotheekakte). They verify your identity, check the property’s legal status, confirm there are no hidden debts or claims attached to the house, and officially transfer ownership from seller to buyer.

Think of them as the legal checkpoint before money changes hands. They also handle the financial transfer itself, your mortgage lender sends the funds to the notary, who then pays the seller and registers everything with the Land Registry (Kadaster).

The notary gets involved after you’ve signed the preliminary purchase agreement and your expat mortgage has been approved. Usually, that’s 6–8 weeks before the actual transfer date.

Is the notary mandatory for expats?

Yes. Dutch law requires every property transfer to be handled by a notary. There’s no way around it, whether you’re Dutch or an expat. The buyer typically chooses the notary, but you can agree on a different one if you prefer.

Most notaries in major cities are used to working with internationals and can conduct the entire process in English. It’s worth asking upfront. If not, it is mendatory to work with a translator.

Who does the notary represent, you or the seller?

Neither. The notary is an independent, government-appointed official who represents the law, not any party. Their job is to ensure the transaction is legally sound and that both sides understand what they’re agreeing to.

This is different from countries like the US or UK, where you might hire your own solicitor. In the Netherlands, one notary handles the entire deal for both buyer and seller. They can’t give you strategic advice or negotiate on your behalf, that’s what your mortgage advisor or real estate agent is for.

What documents does the notary check for expats?

The notary will ask you to bring valid ID, usually your passport and residence permit. They’ll verify your identity against the documents your mortgage lender provided. They also check the property’s legal records: who owns it, whether there are any mortgages or liens still attached, and if the seller actually has the right to sell it.

For expats, the notary may request additional proof of your address in the Netherlands (like a utility bill) and confirm your tax residency status. If you’re buying with a partner, they’ll check both IDs and confirm how you want to structure ownership (joint, 50/50, or another split). Last but not least they will check the origins of your own funds, to make sure there is no money being laundered.

Purchase deed vs. mortgage deed, what’s the difference?

These are two separate documents you’ll sign on the same day. The purchase deed (leveringsakte) officially transfers ownership of the property from the seller to you. It includes the property address, purchase price, and any special agreements (like including furniture or appliances).

The mortgage deed (hypotheekakte) is the contract between you and your lender. It states how much you’ve borrowed, the interest rate, repayment terms, and gives the bank the right to the property if you can’t pay. Both are legally binding and registered with the Land Registry.

Do you have to be present at the notary appointment?

Usually, yes. The notary wants to confirm your identity in person and make sure you understand what you’re signing. The appointment typically lasts 30–60 minutes. The notary reads through the key points of both deeds, answers your questions, and then you sign.

However, if you’re abroad or can’t attend, you can grant someone power of attorney (volmacht) to sign on your behalf. This has to be arranged in advance, and the notary will provide the official form. Some notaries also offer the option to sign remotely via video call, but this isn’t standard everywhere yet.

Can the notary appointment be done in English?

Yes, most notaries in larger cities are fluent in English and regularly work with expats. The deeds themselves are written in Dutch (that’s the legal requirement), but the notary will explain everything in English if you ask. Some firms even provide an unofficial English translation of the documents beforehand so you can review them.

When bidding on a house, ask your agent or advisor to recommend a notary who’s experienced with international buyers. It makes the whole process much smoother.

Buying a home in the Netherlands as an expat involves more steps than you might be used to, but the notary is there to make sure it all happens correctly and legally. With the right preparation, and a good advisor by your side, the notary appointment can be straightforward, even reassuring. Book a free consultation with us and we’ll walk you through every stage, from mortgage approval to signing day.

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