A document guaranteeing payment/receipt of a certain amount shall be charged as a document having a value. The value shall be the amount of the amount due.

Examples of such documents are: all types of notary deeds, applications for registration or deregistration of mortgages, rental contracts, loan agreements, sales contracts, including motor vehicles, sale of going concern or other movable and immovable properties, drawing-up fact-finding protocols for the deposit of an amount with the notary, promissory notes and all other documents guaranteeing the hand-over/receipt of any amount or item.

Where a document has a value, that value shall be used in calculating the amount of the fees.

The value of a notary deed for the sale and purchase of real estate is equal to the higher of the two amounts – the tax valuation or the sale price.

In the case of notary deeds for exchange of real estate properties, the value amounts to the value of the more expensive property.

In the case of notary deeds for donation and in the case of the fact-finding deeds, the value is the amount of the tax valuation.

Upon registration / deregistration of a mortgage, the value amounts to the loan granted.

A statutory mortgage can only be registered, if the following conditions are met:

• You take out a loan to buy a property.
• The loan is equal to or less than the amount of the sale price. If the loan is greater than the selling price, a contractual mortgage must be established.
• The loan you owe is to either your seller or a bank. If a third party lends you a loan to buy a property, a contractual mortgage must be established.

The contractual mortgage takes the form of a notarial deed and is also signed by the lender, the borrower, the owner of the property, as well as co-debtors under the contract, if any.

A statutory mortgage is a unilateral statement in the form of an application, which is signed only by the lender. Therefore, notarial fees for a statutory mortgage are lower than the ones for a contractual mortgage.

In addition to all types of notary deeds, examples of such documents are: marriage contracts including real estate, deeds for transformation of commercial companies, going concern pledges and transfer of going concern contracts, including real estate properties, rental contracts (for a period longer than one year), contracts for establishment of rights of way, declarations of refusal of right of use, statutory mortgages, etc.