Buying a home in Germany, step by step

1. Viewing and documents

When a building is sold, § 80 of the building energy act (the GModG, the new name of the GEG, in force since 29 July 2026) requires an energy certificate to exist. The seller or agent must show it at the viewing at the latest, or without delay if there is no viewing, and must hand the buyer a copy immediately after the contract is concluded. If an agent is involved, the brokerage contract for a flat or single-family house needs only Textform (text form, such as an email), not a notary (§ 656a BGB). The law sets no commission percentage; the allocation between buyer and seller is limited by §§ 656c and 656d, covered in the guide on total buying costs.

Before committing, ask the seller for a recent land register extract and read it; the guide on the land register extract explains how. A tenant already living in the flat stays: § 566 BGB makes the buyer take over the tenancy.

2. The draft contract

The notary prepares the contract. For a consumer buyer, § 17(2a) BeurkG says the notary should send the intended text normally two weeks before the signing and, if that period is shorter, state the reasons in the deed. The notary is not your lawyer: § 14 BNotO requires neutral, impartial care for all parties. For the role in full, see the guide on the notary’s role.

3. Signing at the notary

A contract to buy land needs notarial form (§ 311b(1) BGB). The deed is read aloud in the presence of the notary, approved and signed by the parties (§ 13 BeurkG). The notary has duties on the way: to inform himself of the land register content when rights in it are involved (§ 21), to point out any official approvals needed (§ 18) and any statutory pre-emption right that may exist (§ 20).

The seller owes the property free of defects of title (§ 433(1) BGB). A buyer who knows a defect when signing loses the related rights, though a right entered in the land register must be removed by the seller even if the buyer knows (§ 442). Liability exclusions are common, but the seller cannot rely on one for a defect he fraudulently concealed or for a guaranteed quality (§ 444).

4. The priority notice

The buyer’s claim to ownership is secured by a Vormerkung entered in the land register (§ 883 BGB). Any later disposal of the property that would defeat the claim is ineffective against the buyer (§ 883(2)). The fee is 0.5 of the table fee under item 14150 of the cost schedule; the guide on the priority notice covers it.

5. Municipal pre-emption right

In certain areas the municipality can buy at the contract price (§ 24 BauGB lists them: development-plan areas for public purposes, redevelopment areas, preservation areas, and others). The seller, or the buyer, must inform the municipality of the contract. The municipality has three months from that notice to exercise the right (§ 28(2) BauGB). The land registry may register the buyer only if non-exercise or non-existence is proven, which the municipality certifies on request (§ 28(1)). Ask your notary who requests that certificate.

6. Payment due notice and transfer tax

The notary checks that the conditions for payment are met and confirms to the buyer that the price is due; that service is the Betreuung fee (item 22200). The notary reports the deed to the tax office within two weeks (§ 18 GrEStG). The tax office sends the buyer a notice, the tax is due one month after it (§ 15), and once it is paid the office issues the clearance certificate that the registry requires (§ 22). Rates differ by state; the by-state page lists them.

7. Handover

On handover of the property, the risk of accidental loss and the benefits and burdens pass to the buyer (§ 446 BGB). The contract usually ties handover to payment of the price, so check the clause. Handover and ownership are separate: until the register shows your name, you are not the owner.

8. Transfer of ownership

Ownership passes by agreement and registration (§ 873 BGB). The agreement, the Auflassung, must be declared before a competent body with both parties present (§ 925); every notary is competent, and it is normally contained in the sale deed. The notary submits the application to the land registry as soon as it can be filed (§ 53 BeurkG). The Auflassung cannot be made conditional (§ 925(2)). The registry registers the buyer when the clearance certificate and, where needed, the pre-emption certificate are on file. Registration is the moment you become the owner.

Which professional to consult

The notary is mandatory; see notary. A property valuer can assess the price, an architect the condition of the building, and a mortgage broker the financing. Checks to run beforehand are listed in the guide on checks before buying.