In Germany, a house or apartment only changes ownership in a legally valid way once the purchase contract has been notarially recorded. For the appointment with the notary (Notar) to run smoothly and without delays, the right documents must be available in full. For more than 60 years, we have supported owners in Düsseldorf and North Rhine-Westphalia with their sales, and we know which documents the notary really needs. This guide walks you calmly and clearly through the complete list of documents, explains how the notarisation works and the role of the notary, and gives you a practical checklist.
Why notarial recording is mandatory
When selling a property, there is no way around the notary (Notar). The law requires notarial recording for every contract by which someone undertakes to transfer or acquire ownership of land (§ 311b paragraph 1 of the German Civil Code (BGB)). A purchase contract concluded only verbally or in private writing is generally void.
The actual transfer of ownership takes place in two steps: the so-called conveyance (Auflassung), that is, the agreement between seller and buyer on the change of ownership, and the subsequent entry in the land register (Grundbuch) (§§ 873, 925 BGB). The conveyance must be declared before the notary with both sides present at the same time. Only with the land register entry does the buyer legally become the new owner.
This form protects both sides: it ensures that a decision as far-reaching as a property sale is documented in a legally secure manner and reviewed by an independent body. That is precisely why complete documents matter.
Identity and tax details of the parties
Before the property itself is addressed, the notary must know who is party to the contract. The following details are required for all contracting parties:
- Valid identity card or passport of buyer and seller to establish identity.
- Tax identification number of everyone involved. The notary is obliged to report the sale to the tax office for the real estate transfer tax.
- Current address, date of birth and, where applicable, birth name of each party.
- For firms or companies: a current commercial register extract (Handelsregisterauszug) as proof of authority to represent.
- If someone cannot appear in person: a notarially certified power of attorney from the person being represented.
If a married person attends, the marital status may matter for the form of ownership. Have these details ready so the notary can draw up the contract correctly.
Land register, property and official location documents
The heart of every notarisation is the documentation on the property itself. It proves who owns the property and how it is encumbered:
- Current land register extract (Grundbuchauszug): it shows the owner, land charges, easements and other encumbrances. As a rule, the notary obtains it himself so that it is up to date.
- Site plan and cadastral map (extract from the land cadastre) with parcel details.
- Floor plans, living and usable space calculation as well as the building description, where available.
- For inherited properties: a certificate of inheritance (Erbschein) or proof of inheritance, if the seller is not yet registered as the owner.
- When selling a heritable building right: the heritable building right contract (Erbbaurechtsvertrag).
These documents ensure that location, size and ownership are described beyond doubt.
Energy certificate, building charges and contamination
Beyond the pure ownership questions, the sale requires further evidence that informs the buyer and notary about the condition and the public-law obligations attached to the property:
- Energy certificate (Energieausweis): when selling a residential building, a valid energy certificate must be presented. It provides information on the energy condition and is one of the mandatory documents in the sales process.
- Building charges information: an extract from the register of building charges (Baulastenverzeichnis) shows public-law obligations such as setback, parking-space or access charges.
- Contaminated sites: information on possible soil or building contamination can be obtained, especially for older or commercially used plots.
- Existing building permits, development plan extracts and modernisation records, where relevant to the property.
Such documents create transparency and prevent later disagreements between the parties.
Existing land charges, deletion and redemption
Many properties are still encumbered with a land charge or mortgage because a loan is running. So that the buyer acquires the property free of encumbrances, these charges must be settled:
- An overview of existing land charges or mortgages stating the financing bank, the loan number and the residual debt.
- Deletion consent (Löschungsbewilligung) from the bank if a registered land charge is to be deleted after payment of the purchase price.
- Details on the redemption of the remaining loan, if the credit is repaid with the sales proceeds.
- If the buyer finances the purchase, the land charge creation documents from their bank are also required.
- Bank details of the seller, to which the purchase price is to be paid.
The notary coordinates this part carefully so that old encumbrances are deleted and new securities are correctly registered. Clarify the residual debt with your bank early so that the deletion documents are available in good time.
Condominium: documents for a homeowners' association
When selling a condominium, documents from the homeowners' association are added, because the buyer becomes part of this association. Experience shows that the notary and buyer need:
- Declaration of division (Teilungserklärung) with partition plan: it governs which parts are separate property and which are common property, and sets the co-ownership shares.
- Community rules: they define the rights and obligations of the owners towards one another and are often part of the declaration of division (Teilungserklärung).
- Service charge statements and the budget plan, as well as details on the amount of the monthly service charge.
- Minutes of the most recent owners' meetings, usually the last three years, with resolutions on maintenance, reserves and major measures.
- The level of the maintenance reserve and the contact details of the property management.
These documents give the buyer a complete picture of the financial and structural situation of the residential complex.
Let properties and how the appointment proceeds
If the house or apartment is let, the tenancies pass to the buyer with the sale. The principle is: sale does not break a lease (§ 566 BGB). Therefore, prepare:
- All existing tenancy agreements including any addenda.
- Current ancillary and operating cost statements as well as details on the deposit.
- An overview of the current rent level and any rent arrears.
The notarisation appointment itself follows a fixed course: the notary first establishes the identity of those involved, then reads out the entire purchase contract including the conveyance (Auflassung) and explains the legal consequences. You can ask questions and request changes. Both parties and the notary then sign. After the recording, the notary arranges the priority notice of conveyance, monitors the conditions for payment becoming due and, after payment of the purchase price, applies for the transfer of ownership in the land register (Grundbuch). You receive the finished draft purchase contract in advance for review.
