Latest Information: Notary Fees for Buying and Selling Houses and Their Role

In the process of buying and selling houses, the role of a notary is a crucial aspect to ensure the validity of transactions in legal terms. The notary is involved in both cash transactions and Home Ownership Credit (KPR) with banks, playing a crucial role in securing transactions.

The notary is not only involved in cash transactions with gradual payments to developers but also plays a role in the process of buying and selling houses with KPR. Although cash transactions usually involve Land Deed Making Officials (PPAT), involving a notary is still recommended to ensure transaction security.

If you plan to use a notary’s services in a property transaction, it is important to understand the associated fees. Here are the legal rules regarding notary fees in property transactions:

 Legal Rules on Notary Fees for Property Transactions

Many people believe that involving a notary will increase transaction costs. Although using notary services requires financial preparation, notary fees are regulated by legislation, specifically Article 36 of Law No. 30 of 2004 concerning Notary Positions.

The determination of notary fees is based on the economic and social value of each deed made. Notary fees for buying and selling houses are divided into two types according to these regulations: economic value and sociological value.

 Details of Notary Fees for Buying and Selling Houses

1. Economic Value:

   – Transactions below Rp100 million: 2.5% of the transaction value

   – Transactions between Rp100 million and Rp1 billion: 1.5% of the transaction value

   – Transactions above Rp1 billion: 1% of the transaction value

   In addition to honorarium, other fees are included in notary service fees, such as certificate checking fees, tax validation, making SKMHT (Mortgage Deed), etc.

   Example Fee Details:

   – Certificate Checking Fee: Rp100,000

   – Tax Validation Fee: Rp200,000

   – SK 59 Fee: Rp1 million

   – SKMHT Fee: Rp250,000

   – Transfer of Name Fee: Rp750,000

   – APHT Fee: Rp1.2 million

2. Sociological Value:

   – Maximum honorarium of Rp5,000,000, determined based on the social function of the deed’s object.

 Responsibility for Notary Fees

A common question is who should bear the notary fees, the buyer or the seller? According to Article 1320 of the Civil Code, the responsibility for notary fees is determined by agreement between the buyer and the seller.

 Role and Duties of the Notary

The notary has a neutral role in real estate transactions, handling and creating authentic deeds in accordance with legislation. The functions and duties of the notary are regulated in Article 15 of Law No. 30 of 2004.

Notary Functions:

– Creating authentic deeds

– Certifying signatures

– Verifying the conformity of photocopies with the original documents

– Providing legal counseling

Prohibitions in Notary Duties:

– Not allowed to have more than one office

– Not allowed to collaborate with service bureaus or intermediaries

– Not allowed to sign deeds whose preparation process is done by other parties

After understanding the fee details and the role of a notary in real estate transactions, the decision to use notarial services should be more informed, ensuring transaction security.