Anyone who wants to request a land-register extract (Grundbuchauszug) for another person, or to deal with a property in their name, needs a power of attorney (Vollmacht). Yet not every power of attorney is sufficient for every purpose. For mere inspection of the land register, a simple written power of attorney is often enough; for entries and property transactions, by contrast, the law requires a notarially certified or notarially recorded form. As a brokerage on the Königsallee, we have supported owners and heirs in Düsseldorf and across NRW for more than 60 years. In this guide we explain clearly who actually receives a land-register extract, how you can validly authorise someone, and when a visit to the notary is indispensable. This is general information and does not replace legal advice.
Two cases kept cleanly apart: obtaining an extract or acting in the land register
When power of attorney and the land register come up, two quite different concerns are often mixed together. It is worth separating them clearly from the outset, because different formal requirements attach to each.
- Obtaining the land-register extract for someone: Here an authorised person is merely to take inspection or request a copy. This is a pure information process. A simple written power of attorney is usually sufficient for this.
- Disposing of the property in the owner's name: Here the authorised person is to make declarations to the land registry, for instance to handle a sale, create a land charge or approve an entry. For this the law requires a notarially certified or notarially recorded power of attorney.
This distinction runs through the entire guide. The simple rule of thumb is: where it is only about information, the threshold is low. Where someone intervenes in the legal status of the property, the requirements are high.
Who receives a land-register extract: § 12 GBO and the legitimate interest
The land register is a public register, but not a freely accessible one. Anyone wishing to take inspection or obtain an extract must demonstrate a legitimate interest (berechtigtes Interesse). This is governed by § 12 of the Land Register Code (GBO): inspection is permitted to anyone who demonstrates a legitimate interest. Mere curiosity is therefore not enough.
A legitimate interest is generally recognised in the case of:
- Owners, who may take inspection of their own land register at any time
- Notaries within their official activity, for instance when preparing a purchase contract
- Creditors with a legitimate interest in security or enforcement, for example holding an enforceable title
- Banks reviewing the property as security for financing
- Prospective buyers, provided a concrete, demonstrable purchase interest exists, for instance evidenced by the owner's consent or power of attorney
Important to understand: a power of attorney does not replace the legitimate interest. It only governs who acts for the entitled person. Anyone obtaining an extract for another derives the legitimate interest from the person who instructed them, that is, usually from the owner.
Requesting a land-register extract by power of attorney: form and content
If you are to obtain a land-register extract for another person, the power of attorney for this is in principle free of form. Under § 167(2) BGB, the power of attorney does not require the form prescribed for the legal transaction to which it relates. For mere inspection or a copy, a simple written power of attorney is therefore usually sufficient.
A valid power of attorney for this purpose should contain:
- Grantor: full name, address and date of birth of the person granting the authority
- Authorised person: name and address of the person who is to act
- Subject matter: the authorisation to take inspection of the land register and to request a land-register extract
- Designation of the property: land register district and folio number, or the exact property address
- Place, date and signature of the grantor
In practice, the authorised person presents the power of attorney to the land registry, often together with a copy of the grantor's ID document and their own identity card. Whether the office accepts a simple written power of attorney depends on the individual case and on whether the legitimate interest has been coherently demonstrated. A notarial form is not mandatory for mere inspection or a copy.
When the power of attorney must be notarial: entries and § 29 GBO
As soon as the authorised person is not merely obtaining information but intervenes in the legal status of the property, the requirements rise considerably. For entries in the land register, § 29 GBO applies: entry approvals and the other necessary declarations must be proven to the land registry by public or publicly certified documents.
A power of attorney with which someone is to make declarations to the land registry must therefore likewise meet this form. In practice this means: the power of attorney must be notarially certified (Beglaubigung) (signature certification) or notarially recorded, so that the land registry accepts it as proof. A purely private written power of attorney is not sufficient for land-register execution.
The actual sale goes a further step. A property purchase contract requires notarial recording under § 311b(1) BGB. The transfer of ownership itself, the conveyance (Auflassung), takes place under § 925 BGB in the simultaneous presence of seller and buyer before the notary. Both may be represented by authorised persons holding a corresponding power of attorney.
A particularity applies to powers of attorney for concluding a property purchase contract: although powers of attorney are in principle free of form under § 167(2) BGB, case law requires notarial recording of the power of attorney itself in certain cases, for instance where it is granted irrevocably or effectively binds the grantor. Here legal or notarial advice in the individual case is advisable.
Certification or recording: the decisive difference
In connection with the land register, two notarial forms arise that are often confused but achieve very different things.
- Notarial certification (Beglaubigung) (signature certification): The notary confirms solely that the signature originates from the named person. The notary does not examine or take responsibility for the content of the declaration. The result is a publicly certified document that satisfies the proof under § 29 GBO, as long as only the declaration itself must be evidenced in the required form.
- Notarial recording: The notary records the entire content of the declaration. The notary reads it aloud, provides clarification and minutes the will of the parties. This is required where the law prescribes recording for the legal transaction itself, for instance for the property purchase contract.
For the land register this means: for approvals and applications, as well as the powers of attorney used for them, public certification is often sufficient. For the purchase contract and the conveyance, by contrast, full recording is necessary. Which form your specific project requires is, in case of doubt, clarified by the instructed notary.
Precautionary, general and special powers of attorney in the property context
You will encounter powers of attorney in the property field in various forms. For land-register practice, what is above all decisive is whether they cover property transactions expressly and in the correct form.
- Special power of attorney: It is limited to a particular transaction, for instance inspection of the land register or the sale of a specific property. It creates clarity about the exact scope.
- General power of attorney: It authorises comprehensively to act in matters concerning assets. So that the notary and land registry have no doubts about the scope, it should expressly name property transactions, that is, acquisition, disposal, encumbrance with land charges, as well as declarations and applications to the land registry.
- Precautionary power of attorney: It takes effect in the event that the grantor can no longer manage their own affairs. If the authorised person is also to be able to sell property or arrange land-register entries, the precautionary power of attorney must expressly name these powers and, under § 29 GBO, be notarially recorded or at least publicly certified. A purely private written precautionary power of attorney is not sufficient for land-register execution.
In suitable cases, an exemption from the restrictions of § 181 BGB may additionally be sensible, for instance where the authorised person is to conclude a transaction with themselves. A notary will advise you on such details.
How it proceeds at the land registry and how we support you
The practical process for obtaining a land-register extract by power of attorney follows a clear pattern. Responsible is the land registry at the local court (Amtsgericht) in whose district the property lies.
- Submit an application for inspection or a copy under § 12 GBO, stating the land register district and folio number or the exact property designation.
- Demonstrate the legitimate interest, which, when acting for another, is derived from the represented person, usually the owner.
- Present the power of attorney, for mere inspection in written form, for entries in notarially certified or recorded form.
- Present ID documents: your own identity card and often a copy of the grantor's ID document.
Particularly in a sale or in the event of inheritance, it becomes clear how much more smoothly a project runs when documents and powers are clarified early. When we support owner families or heirs in a sale, we assist you in preparing the sales documents and discuss together which documents and which form of power of attorney make sense in your case. The notarial certification or recording itself is carried out by a notary. In this way your project rests on an orderly foundation from the outset.
