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A decree (n掳 2020-395) published in the Journal Officiel of April 4, 2020, states that notaires are now authorised to sign deeds remotely and electronically, 鈥渄uring this period of health emergency鈥�.

The decree is to last until one month after the end date of the current health state of emergency only.

The full text and rules can be seen on the government legal website, L茅gifrance (). It applies to notaires, solicitors, magistrates, lawyers, administrations and individuals.

It allows a notaire to 鈥渞eceive alone and remotely the consent of the relevant parties鈥� and provide an 鈥渁uthentic electronic鈥� sales act via electronic means and videoconferencing.

In a statement, the Ministry of Territorial Cohesion explained: 鈥淭his will allow the French public to continue with their property moves. This decree makes it possible to have an electronic signature for the sales of new-build properties, for which the use of a power of attorney is not permitted as the signature must be carried out before a notaire (contrary to the rules for the sales of non new-build properties).

鈥淔rom now on, for both new-build and non new-build sales, the notaire will be able to receive the consent of the parties involved by remote communication and collect their electronic signatures.鈥�

Housing minister Julien Denormandie said that the decree would 鈥渟implify鈥� proceedings and had been 鈥渆agerly awaited by all those in the estate agency sector鈥�.

He said: 鈥淲e have quickly provided a solution so that the sector can continue its activity. This change also makes it possible to reassure people who were already involved in a sale process before the confinement measures were put in place.

鈥淒eeds of sale will continue to be signed, remotely, with all the necessary legal certainty.鈥�

鈥楶rofessional rigour鈥�

National notaire council Le Conseil Sup茅rieur du Notariat (CSN) said in a statement that the 鈥渟afety measures鈥� of the act鈥檚 鈥渁uthenticity鈥� would come from the signature of the notaire, whose role in 鈥減ublic office...presumes and requires impartiality, professional secrecy; respect for ethics, and rigour鈥�.

The CSN said it was 鈥渉appy with the care in which this decree was prepared and examined by the Chancellory and the Conseil d鈥橢tat, despite the numerous ways in which regulatory power is under attack by the unprecedented health situation that is currently happening across France鈥�.

It also called for notaires to make the transition easier by pooling their existing technological resources.

It said: 鈥淐urrently, more than 40% of national offices have video-conferencing facilities installed. That is why the CSN is calling for the pooling of existing equipment across the country.

鈥淭his allows, without physical contact, to allow a notaire with videoconferencing equipment to make their facilities available to a colleague.鈥�

Jean-Fran莽ois Humbert, president of the CSN, said: 鈥淭he publication of the decree allowing remote appearance while guaranteeing safety measures and the creation of an authentic document is an important step forward, which will make notaires鈥� working lives easier in the current environment.鈥�

He added: 鈥淚 would like to stress that, since the introduction of confinement measures, notaires and their staff have been able to continue their public service mission to serve the French public.

They have proven their adaptability and quick reactions in the face of the current unprecedented situation in our country.鈥�

Read more: Covid-19 and property sales in France