Legal consequences of the deed of division and notary

Questioner

My question: A homeowner had a house illegally divided. The requested permit had been refused on good grounds. The owner then requested a notary to draw up a deed of division, which the notary did. Based on this deed, the division was also recorded in the land register. The owner then proceeded in legal transactions as if the division was legal, referring to the land register. Is the notary to blame for drawing up a deed of division while the real estate in question had not been divided with the required permit?

Lawyer

Of course, the notary should have done preliminary research first and he/she failed to do so. The blind drawing up of deeds without prior knowledge is not permissible and can even be dissolved due to forgery. This can also result in a severe reprimand against the notary. Questions? Feel free to ask.

Lawyer

In addition to Mr Groenewegen's answer: the notary not only runs the risk of a disciplinary penalty (reprimand or suspension), he may also be liable for an administrative fine. The deed of division cannot simply be dissolved, but it can be demanded in a procedure that the parties involved undo the consequences of the deed, failing which a penalty is payable.