Land register; inspection

Access to the land register is permitted to anyone who can demonstrate a legitimate interest in doing so.

As a public register, the land register is generally open to inspection by third parties. However, as the land register contains numerous personal data relating to the owner, it is not open to inspection by everyone. According to § 12 of the Land Register Regulations (GBO), inspection of the land register (and the land file) is therefore only permitted to those who demonstrate a legitimate interest to the land registry.

In principle, the inspection must be carried out at the land registry office (local court) in whose district the property concerned is located. However, in the federal states which - like Bavaria - keep the land register by machine, the land register may also be inspected at another land registry office.

A "legitimate interest" in inspecting the land register is given if you can provide objective reasons for the desired inspection that make the pursuit of unauthorized purposes or mere curiosity appear impossible. For example, creditors of the property owner who intend to foreclose on the property or prospective buyers with whom the property owner is already in negotiations may inspect the land register.

In order to demonstrate the legitimate interest in the inspection, specific facts (and not just general assertions) must be presented and supported by appropriate documents that allow the land registry to weigh them up. In the event of doubt, the land registry can demand a prima facie case (Section 31 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction - FamFG).

Certain inspectors who need to inspect the land register particularly frequently for professional reasons (e.g. authorities, notaries, credit institutions) can be admitted to the so-called automated retrieval procedure, which enables online retrieval from the land register, if the legal requirements are met.

No fees are charged for inspecting the land register at the land registry.

Participation in the automated retrieval procedure within the meaning of § 133 GBO is subject to a fee.