Have the registration of the heritable building owner corrected

You can apply for the correction of the heritable building land register if there is a land register inaccuracy.

You can apply for the correction of the heritable building land register if there is a land register inaccuracy. This is the case if the person of the heritable building owner or the hereditary building owner has changed and the true hereditary building owner or the true hereditary building owner does not yet result from the heritable building land register, such as in the case of an inheritance. This does not cover cases in which only a name change has occurred (for example, through marriage).

With the application, further documents must be submitted to the responsible land registry. If the Land Registry considers the land register inaccuracy to be proven, the land register entry will be corrected accordingly.

Competent is the land registry office of the district court, where the heritable building land register is kept. The responsible land registry office can be found on the address database of the Germany-wide location and court search on the justice portal North Rhine-Westphalia.

• written application for registration, if necessary in publicly authenticated or publicly certified form, if the application also contains the consent of the true heritable building owner (see below)
• publicly certified registration permit the person wrongly registered as a hereditary building owner (so-called bookkeepers) or wrongly registered as a hereditary building owner (so-called bookkeeper) or
  Proof of inaccuracy by public or publicly certified document
• publicly certified or publicly certified consent of the true heritable building owner to be registered or the true heritable building owner to be registered , or
  proof of inaccuracy by means of a public or publicly certified document , or
  Application by an enforcement creditor who is the holder of an enforceable title against which the true beneficiary is enforceable, together with the submission of the corresponding title and proof of the inaccuracy of the land register by means of an authentic instrument

For the correction of the heritable building land register, an application for correction must be made by you or the notary notary. The correction of the registration of the hereditary building rights or the hereditary building owner takes place if all necessary documents have been submitted in due form and there are no grounds for refusal.

You must apply for registration at the Land Registry. If any registration documents are to be certified or certified by the notary for the registration of the correction, he or she will usually apply for the correction at the land registry.

• The documents required for registration are checked by the responsible registrar at the land registry.
• If documents are not complete or in due form, the competent Rechtspfleger will inform the notary or you in writing and request the submission of the missing documents or the formal (publicly certified or notarized form) documents.
• If all the necessary documents are available, the responsible registrar will correct the land register entry.
• The registration will be made known to the notary submitting the application and to you with the registration notification.
• In principle, you will receive an invoice from the Land Registry. However, the collection of the fee is waived in the case of the request for correction by the heir(s) described in more detail in the "Costs" module.

individually, depending on the encumbrance situation of the responsible land registry office and the time when all necessary documents are formally available to the land registry office

(as of November 2020)

min. EUR 15 – max. EUR 26,585 (with a maximum transaction value of EUR 60,000,000):
For the corrective entry of a hereditary building owner or a hereditary building owner, the land registry office generally charges a full fee. The actual amount of the fee depends on the goodwill (value of the heritable building right).

However, the registration fee shall not be charged if the heirs or heirs of the registered hereditary building rights or the registered hereditary building owner submit the application for registration to the Land Registry Office within two years of the succession.

In addition to the costs for the activities of the land registry, costs for the work of the notary under the Court and Notary Costs Act (GNotKG) may also be incurred. Please inquire about the amount of the notary costs from the notary working in your case. Information and examples of notary fees can also be found on the website of the Federal Chamber of Notaries.