Land register; application for registration

Anyone who buys a plot of land or a condominium must be entered in the land register as the owner.

The land register is used for legal transactions involving land. In addition to the agreement on the legal change, every legal creation and legal change to real estate requires an entry in the land register in order to be effective. If, for example, you wish to transfer ownership of a property or create a mortgage on your property, a corresponding entry in the land register is required for this change of title.

If you have purchased a property, you only become the new owner after

• you have reached an agreement with the seller on the transfer of ownership ("conveyance of the property") and
• the new ownership structure has been entered in the land register.

Entry in the land register is also required for other forms of transfer of ownership.

The land registry office of the local court where the land register for the property is kept is responsible.

Under "Related topics" you will find information on various event-related entries in the land register.

The requirements for registration are normally

• Application for registration
• Conveyance and/or registration authorization of the person whose right is affected by the registration
• Compliance with special formal requirements

Depending on the individual case

• additional documents are required (e.g. proof of inheritance, permits, certificates of pre-emption rights, tax clearance certificate) or
• the land register must first be corrected before the requested entry (e.g. by entering the heirs of a deceased owner).

Entry in the land register must be applied for. You can find out more about this from a notary, notary public or lawyer. They will provide you with information on the procedure and the documents you need, tailored to your situation.

The application can be made in writing or for the record at the land registry. It is not sufficient to submit the application by e-mail.

The declarations and documents with which you prove to the land registry that your application is to be granted must be contained in a public or publicly certified document.

The application for registration of ownership as a result of a purchase or gift is made by a notary after notarization has taken place.

Once the land registry has determined that all registration requirements have been met, it makes the entry.

Once the entry has been made, the land registry notifies the notary, the applicant, the registered owner and all persons shown in the land register in whose favor the entry is made or whose right is affected by it.

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The processing time depends in particular on the workload of the land registry responsible.

Costs are incurred for the notary's work and the entry in the land register. The amount of the costs is largely determined by the amount of the purchase price, for example, when purchasing land.

For the registration of ownership, the fee is charged at the rate of the fee according to No. 14110 to 14112 of the Schedule of Costs of the German Court and Notary Costs Act (GNotKG).

The purchase of a plot of land or a condominium and the creation of a land charge for the bank to secure a loan must be notarized by a notary. In the above examples, the notarial deed is a prerequisite for entry in the land register. In it, the parties involved also determine who has to bear which costs. As a rule, the buyer bears the costs of the purchase. As a rule, the seller bears the costs of deleting an encumbrance that is still entered in the land register, such as the seller's land charges. As a rule, the buyer does not assume these "old encumbrances", but instead finances them through their own bank.

The basis for the entries and fees at the land registry is this notarial deed. In the deed, the seller and buyer agree on the rights to be entered in the land register. These are then entered in the relevant land register at the land registry. You will receive a copy of the deed from the notary and can read the agreements.