From notarial certification to transfer of ownership: A guide for property buyers

1. Notarization of the Purchase Agreement The purchase agreement is notarized by a notary. This creates the legal framework for the property transaction. After notarization, the parties are bound by the contract.

2. Review and Preparation of Documents The notary reviews all relevant documents, such as land register extracts, proof of ownership, and lists of encumbrances and restrictions. They ensure that all conditions for the transfer of ownership are met.

3. Preparing the Entry in the Land Register The notary applies for the transfer of ownership in the land register. For this, the so-called "Auflassung" (a contractual agreement between buyer and seller) is necessary, which should be included in the purchase agreement.

The "Auflassungsvormerkung" (preliminary notice of transfer) protects the buyer from subsequent dispositions by the seller and secures the future transfer of ownership in the land register.

4. Informing the Authorities  

Land Registry Office: The notary applies for the transfer of ownership at the land registry office.

Tax Office: The notary informs the tax office about the change of ownership to potentially collect real estate transfer tax.

Other Authorities: In case of special encumbrances (e.g., mortgages, land charges), these must also be recorded in the land register.

5. Conditions for Payment of the Purchase Price  

Notarization: The purchase agreement is legally valid.

Financing: Necessary financing must be in place and approved.

Fulfillment of contractual conditions: For example, submission of permits, building approvals, if required.

Once all conditions relevant to the purchase price are met, the notary sends an email to both buyer and seller regarding the due date of the purchase price.

6. Timing of the Purchase Price Payment The purchase price is usually paid after notarization and before the transfer of ownership. Only when the buyer confirms receipt of the payment to the notary can the application for the transfer of ownership be made.

7. Transfer of Ownership (Entry in the Land Register)

After the payment of the purchase price and fulfillment of all conditions, the notary applies for the transfer of ownership in the land register.