An error in the purchase contract can cost you tens of thousands of euros. The process of notarial certification of a property purchase is your safeguard. But how exactly does this process work and where are the pitfalls?
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The topic briefly and concisely
The process of notarial certification is strictly regulated by law (§ 311b BGB) to protect buyers and sellers.
The notary acts as a neutral party, checks the legal requirements, and manages the purchase in a fiduciary capacity.
The total costs for the notary and the land registry amount to approximately 1.5% to 2.0% of the purchase price and are stipulated in the GNotKG.
Are you about to buy or sell a property? Then the notary appointment is the decisive, final step. For many, this moment is associated with nervousness because the legal implications are enormous. This article guides you clearly and understandably through the entire process of notarising a property purchase. In six steps, from preparation through the actual appointment to the notary's tasks after signing, we show you how to master the process confidently. This way, the appointment transforms from a dreaded hurdle to the secure completion of your property transaction.
Phase 1: Thorough preparation for the notary appointment
A smooth notarisation process begins weeks before the actual appointment. The notary commissioned by the buyer initially requires a number of documents, including the exact personal details of the buyer and seller, as well as a current land register extract, which should not be older than 3 months. The 14-day protection period for consumers is crucial. If it is a consumer contract, the notary must send the draft contract to both parties at least 14 days before the notarisation. This period gives you ample time to review the contract, which is often more than 20 pages long. Use this phase to clarify any open questions and ensure that all agreements, such as the purchase price of, for example, 450,000 euros, are correctly recorded. A thorough review is essential before you move on to purchase contracts and their conditions.
The preparation phase is thus far more than a mere formality; it lays the foundation for a legally secure transaction and protects you from hasty decisions.
Phase 2: The Notarisation Appointment – The Heart of the Purchase
The notarisation appointment itself usually takes between 60 and 90 minutes. First, the notary verifies the identity of all those present using valid identification documents. Then, the notary reads the entire purchase contract word for word – this is mandatory under § 13 of the Notarisation Act (BeurkG). During the reading, you can and should ask questions at any time. No question is too trivial when it comes to an investment of several hundred thousand euros. The notary acts here as an impartial advisor and must explain all legal terms clearly. Once all points are clarified, the buyer and seller sign first, followed by the notary. With the notary's signature, the contract becomes legally effective and binding on both parties. From this moment, the successful property purchase is legally sealed.
However, the notary's work is far from over after the signing; the actual processing only begins now.
Phase 3: The process after signing
After the appointment, the administrative work of the notary begins, which can take several weeks. They handle all communication with the authorities. Their key tasks involve three essential steps:
Obtaining permits: If required, the notary will obtain permits, such as the consent of the administrator in the case of condominiums.
Preliminary note for conveyance: The notary promptly applies for the entry of a preliminary note for conveyance in the land register. This entry secures the buyer's claim and usually only takes a few weeks. It prevents the seller from selling the property a second time.
Notification to the tax office: The notary reports the purchase contract to the responsible tax office. This triggers the assessment of the property transfer tax, which ranges from 3.5% to 6.5% of the purchase price, depending on the federal state.
These steps are crucial to fulfil the legal land register regulations for buyers and pave the way for the payment of the purchase price.
Phase 4: Payment of the purchase price and transfer of ownership, benefits, and burdens
The payment of the purchase price is only made once all contractual conditions are met. The notary supervises this process in a fiduciary capacity. Once the priority notice is entered in the land register and all further approvals are obtained, the notary sends a maturity notice to the buyer. Never transfer the purchase price before receiving this official notice. The contract usually sets a payment deadline of 10 to 14 working days after receipt of the notice. Once the seller confirms full payment, the so-called transfer of possession, benefits, and burdens takes place. From this date, the buyer is the economic owner and responsible for the property, even if the final registration in the land register is still pending. Clarify in advance what to consider when buying a plot to avoid delays.
With the payment, the most important step for the buyer is done, but the formal transfer of ownership is still pending.
Phase 5: Final property registration in the land register
The final formal act is the transfer of ownership in the land register. After the buyer has paid the property acquisition tax to the tax office, the office issues a certificate of no objection. The transmission to the notary can take 3 to 4 weeks. Only with this document can the notary submit the application for final ownership transfer at the land registry office. The land registry office then removes the priority notice and enters the buyer as the new owner in Section I of the land register. This entire process from notarisation to final entry can take between 3 and 6 months. The notary informs both parties once the transfer has taken place. With this, the legal framework of the purchase is fully completed.
The complex process underscores the importance of accurate appraisal and preparation in order to minimise financial risks.
Phase 6: Calculate costs transparently and minimise risks
The costs for the notary and the land registry are regulated by law under the Court and Notary Fees Act (GNotKG). They amount to approximately 1.5% to 2.0% of the notarised purchase price. For a purchase price of €400,000, you should therefore expect additional costs of around €8,000. These costs are usually borne by the buyer. However, the greatest financial uncertainty often lies not in the additional costs, but in the purchase price itself. Is the price of €400,000 for your new property really justified? An independent, AI-supported property valuation from Auctoa provides you with data-driven certainty even before engaging the notary. This ensures that your investment is on a solid foundation. For quick questions about the process, you can also use our ImmoGPT chat. Get in touch now, without obligation, to strengthen your legal protection during the sale.
A well-founded valuation is the first step towards a completely secure property transaction.
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The procedure for the notarisation of a property purchase is a clearly structured and legally regulated process designed to protect both the buyer and the seller. From careful preparation to notarisation and the final entry in the land register, the notary acts as a neutral entity to ensure a legally secure transfer of ownership. Knowing the six key phases helps you maintain an overview and act confidently. However, the most important preparation takes place before the notary appointment: a comprehensive, objective assessment of the purchase price. With proper preparation and a data-supported evaluation, the notary appointment transforms from an uncertainty factor to the final, secure step into your new ownership.
Additional useful links
The Bundesnotarkammer offers a detailed information sheet on purchasing a used property.
A circular from the Bundesnotarkammer from 2023 contains important legal and procedural updates.
The Federal Administration provides information about rights and obligations associated with specific administrative services that may also affect the real estate sector.
The German Notary Association provides general information on real estate from a notarial perspective.
The Federal Ministry of Finance offers comprehensive information on real estate transfer tax.
The homepage of the Federal Institute for Building, Urban and Spatial Research (BBSR) gives insights into current research and developments in the fields of construction, urban development, and spatial planning.
FAQ
What documents do I need for the notary appointment?
You will need a valid identity card or passport, your tax identification number, and possibly documents related to financing. The seller must also provide the current land registry extract and other property-specific documents.
What is the difference between an interim registration and final registration?
The notice of conveyance is a 'reservation' of the property claim in the land register immediately after notarisation. The conveyance is the legally binding agreement on the transfer of ownership, which is declared in the purchase contract and later executed in the land register.
Why does the notary read the entire contract aloud?
The complete reading is legally required (§ 13 BeurkG). It ensures that all parties fully understand the content of the contract and have the opportunity to ask final questions before providing their legally binding signature.
What is the certificate of no objection?
The clearance certificate is issued by the tax office after the buyer has paid the property transfer tax. It is a prerequisite for the notary to apply for the final registration of ownership in the land register.
What exactly are the notary fees?
The notary fees are stipulated in the Court and Notary Fees Act (GNotKG) and depend on the purchase price. Fees for notarization, consultation, and processing are incurred, which amount to approximately 1.0-1.5% of the purchase price.
Can I choose the notary freely?
Yes, the contracting parties can freely choose the notary. Typically, the buyer selects the notary since they also bear the costs. However, the notary is always obligated to remain neutral towards both parties.
