Buying or selling a house or apartment: Everything you need to know about your notary appointment.

Buying or selling a property is one of the biggest financial decisions of most people's lives – and a notary is not only legally required, but also their most important partner for legal certainty.

In this article, we answer the most frequently asked questions about the notary appointment when buying real estate.

Why is a notary required when buying real estate?

In Germany, Section 311b of the German Civil Code (BGB) stipulates that every purchase or gift agreement for land, a house, or a condominium must be notarized. Without notarization, the contract is simply void – regardless of any verbal agreements made between the buyer and seller.

The notary assumes a neutral and independent role. He is neither a representative of the buyer nor the seller, but is obligated to impartiality and thus protects both parties: He examines the legal status of the property, clarifies any risks, and ensures that the seller receives the purchase price and the buyer is registered as the owner in the land register.

Procedure: What happens at the notary appointment?

1. Preparation and contract drafting

Following your inquiry, the notary's office will prepare a customized draft purchase agreement. For this, they will need the following from you:

• Personal details of buyer and seller (names, dates of birth, residential addresses)

• Land register extract (will be requested by the notary)

• Property details (location, size, purchase price)

• Information on financing and payment terms

• If applicable, declaration of division and community regulations (for condominiums)

  
  

We will gladly collect the necessary information using a questionnaire. The draft contract will be sent to both parties well in advance of the appointment so they can review it carefully and raise any questions or requests for changes. Ideally, all questions and issues should be resolved before the notarization appointment.

2. Typical contents of a notarized real estate purchase agreement

A carefully drafted purchase agreement regulates all essential points to avoid future disputes. The costs for drawing up the purchase agreement are included in the notarization fee.

Typical contract contents include:

• precise name of buyer and seller

• precise description of the object of purchase (land, apartment, parking space, accessories)

• Purchase price and payment terms

• Handover date and transfer of use (risk, burdens, benefits)

• Regulations concerning defects and the condition of the property

• Handling existing tenancy agreements (for rented properties)

• Agreements for the cancellation or transfer of existing encumbrances (mortgages, easements)

• Regulations concerning real estate transfer tax

• Provisions regarding the allocation of costs (notary, land registry, real estate agent, etc.)

  
  

Your notary will tailor the contract to your specific situation. Sample contracts from the internet often fail to meet the complex legal requirements.

3. The notarization appointment

The notarization appointment usually takes place at the notary's office. During the appointment, the notary reads the entire contract aloud and explains all relevant clauses. Both parties can ask questions and request changes. Only when everyone agrees is the contract signed.

The offices of the notaries of notiq are located at Friedrichstrasse 140, 10117 Berlin, directly next to Friedrichstraße station. Free underground parking spaces are available.

4. After notarization: the processing

The notary handles the further legally sound processing of the purchase agreement with the goal of ultimately registering the buyer as the owner in the land register. Unlike the purchase of movable property, the transfer of ownership when buying real estate is complex. Ownership only transfers upon registration in the land register. This registration typically takes several months. Furthermore, mortgages or land charges held by the seller's bank often need to be removed from the land register, and mortgages or land charges held by the buyer's bank need to be registered.

The notary therefore takes on a multitude of tasks after the appointment:

• Have a notice of conveyance entered in the land register (essentially a reservation that protects the buyer from the seller selling the property again or encumbering it with further mortgages or land charges).

• Cancellation of mortgages or land charges and other entries concerning rights that the buyer does not wish to assume (e.g., a right of residence)

• Registration of mortgages or land charges for the buyer's bank financing the purchase price

• Obtaining necessary permits (e.g., waiver of the municipality's right of first refusal)

• Coordination with the tax office (real estate transfer tax assessment)

• Purchase price due date notification to the buyer

• Initiation of the transfer of ownership in the land register

Special circumstances when buying real estate

1. Purchase from the developer (new construction)

Special protective regulations apply when purchasing a property that is yet to be built. Typical features include:

• Installment payments according to construction progress

• Detailed building specifications as part of the contract

• Ensuring timely completion and rights regarding defects

The notary ensures that legal requirements are met and that your rights are protected during the construction phase.

2. Purchase of a condominium

The following should also be noted:

• Declaration of division and community regulations

• Special and common property (e.g. balconies, parking spaces, basements)

• existing reserves and resolutions of the owners' association

• Maintenance fees and running costs

The notary will explain the legal specifics of condominium ownership and help you understand the documents.

3. Rented property / Investment property

The following special rules apply when selling a rented property:

• "Sale does not break lease" – existing leases transfer to the buyer.

• Rights and obligations arising from the tenancy agreement (e.g. deposit, utility bill)

• Information obligations towards the tenant

The notary ensures that the transfer of the tenancy agreements is legally sound.

4. Real estate transfer within the family: sale, gift, anticipated inheritance, right of residence and usufruct

Many property transfers take place within the family, for example:

• Transfer of the parental home to children

• Anticipated inheritance (e.g., to reduce future inheritance tax)

• Securing the parents through usufruct or right of residence

In addition to real estate law, inheritance law and tax aspects play a particularly important role here. The notary can

• Explain the available options for structuring the gift (e.g., gift with usufruct, right of residence, rights of recovery).

• To highlight risks in the context of needing care, compulsory share claims and social assistance recourse and

• Develop legally sound, balanced contract designs.

Frequently Asked Questions (FAQ)

How much does the notary cost when buying real estate?

Notary fees are uniformly and bindingly regulated for all notaries by the Court and Notary Fees Act (GNotKG) and are based on the purchase price of the property. As a rule of thumb, notary fees and land registry fees together amount to approximately 1.5 to 2% of the purchase price. In addition, there is the real estate transfer tax (currently 6% of the purchase price in Berlin), which is borne by the buyer. "Free" pricing is not permitted.

You can calculate the exact notary fees here (select 2.0 as the fee rate): https://www.notar.de/themen/notarkosten/gebuehrenrechner

Additional fees may apply depending on the specific case. We would be happy to send you a non-binding cost estimate.

Who pays the notary fees?

In practice, the buyer usually bears the notary fees for the purchase agreement and the transfer of ownership, while the seller covers the costs of removing any encumbrances (e.g., old mortgages). Alternative arrangements are possible and are stipulated in the contract.

Who chooses the notary – buyer or seller?

In principle, either party can suggest a notary. Since the buyer usually bears the notary fees, in practice they have the right to nominate. The notary, however, remains neutral and does not represent either party unilaterally. Both parties must agree to the appointment. The notary can be chosen regardless of location; for example, a notary in Berlin can also notarize purchase agreements for real estate in other German states.

Do I, as a buyer or seller, need to hire my own lawyer?

The notary is an independent and neutral official. They advise both parties and ensure a balanced and legally sound contract. In many cases, no additional lawyer is needed. However, in particularly complex or contentious situations, additional legal advice may be advisable.

How long does the process take?

From notarization to registration of ownership in the land register, the process typically takes 6 to 12 weeks. The duration varies depending on the federal state and the efficiency of the responsible authorities. However, the buyer usually receives the keys after receipt of the purchase price, i.e., even before the land register entry is finalized.

Can I have the purchase contract reviewed beforehand?

Yes, that's possible. You'll receive the draft contract in advance and can discuss it with a lawyer or your financing bank. Adjustments can also be made at the notary appointment itself.

What is a notice of conveyance?

A preliminary entry in the land register (or simply a notice of conveyance) protects the buyer once the purchase agreement has been notarized. Acting as a reservation, it prevents the seller from selling or encumbering the property again in the meantime.

What should you consider when buying a condominium?

When buying an apartment, the buyer should familiarize themselves with the declaration of division, the community rules, and the resolutions of the owners' association. Particularly important: any maintenance reserves and existing resolutions of the owners' association regarding planned renovations should be known before the purchase.

Get in touch now 📞✉️

Are you planning to buy or sell a property? Our notary's office will guide you from your initial inquiry to registration in the land register – competently, transparently and reliably.

Call us: +49 30 1663809-20

or write us an email: info@notiq.law

We would be happy to send you a non-binding cost estimate.