Guide · Buying

Checks before buying a home in Germany: a due diligence list

What to examine before signing at the notary: land register, tenants, flat documents, access charges, contamination, defects and the draft contract.

Checked on against the official sources at the bottom of the page.

In short

Before you sign the purchase deed in Germany, collect the papers that decide what you really get: the land register sheet, any lease, for a flat the owners’ documents, the energy certificate, proof of any access charges, and a view of defects. Most checks rest on federal law, but several, such as building burdens, heritage listing and contaminated-land registers, are kept under state law. A seller who knowingly hides a defect cannot rely on a clause excluding liability (§ 444 BGB).

1. The land register

The sheet shows who owns the property and which rights and charges lie on it. Inspection is allowed to anyone who shows a legitimate interest (§ 12 GBO), and the registry decides whether a prospective buyer has shown it, so ask the seller to obtain a current extract as well. Look for mortgages and land charges, easements, a pre-emption right, a priority notice for someone else, and a registered restriction on sale. The guide on the land register extract explains how to read it. Ask which charges the contract has you take over and which are to be deleted.

2. Tenants and occupiers

Under § 566 BGB, when a rented home is sold after it was handed to the tenant, the buyer steps into the lease. You cannot empty it at your will on day one. If you buy a rented flat to live in yourself, note § 577a BGB: when a flat is created from a rented home and sold, the buyer can rely on own use or economic exploitation as grounds for notice only after three years, and a state ordinance can extend that period up to ten years in areas with a housing shortage. The period and the areas depend on the state, so ask the notary what applies where the property lies. For tenants’ rights in general, see the guide on tenant rights.

3. A flat: the owners’ side

For a flat, ask for the declaration of division, the plan, the minutes of the last meetings, the collection of resolutions (§ 24(7) WEG), the business plan, the last annual statement and the administrator’s wealth report showing reserves (§ 28(4)). The guide on buying a flat lists them and explains why a resolution can bind you even if it is not in the register.

4. The energy certificate

The seller or agent must show it at the latest at the viewing and give you a copy after signing (§ 80(4) GModG). See energy certificate. A poor class is a price argument, not a bar.

5. Access charges and public charges

Under § 134 BauGB the person who is owner when the charge notice is served owes the charge for roads and similar facilities, and the charge is a public burden on the plot. The charge arises when the facilities are finished (§ 133(2)), and advance payments can be requested earlier (§ 133(3)). Ask the seller whether notices have been served, are expected or have been paid, and ask the municipality, because charges for sewers, water and power are separate and under other law (§ 127(4)). Who bears an unpaid charge is something the deed should say.

6. Contaminated land

The Federal Soil Protection Act makes the owner and the person in actual control of land responsible for remedying harmful soil change and contamination, along with the polluter and its legal successor (§ 4(2), (3) BBodSchG). A former owner who passed on the land after 1 March 1999 and knew of the problem can also be liable (§ 4(6)). Registers of contaminated sites are kept under state law, which this guide did not read. Ask the seller, and ask the competent state or local environmental authority, whether the plot is on a list.

7. Building law, heritage and burdens

Whether the building and its extensions are permitted, whether it is listed, and whether the owner has accepted obligations toward the authorities are matters of state building and heritage law. This guide did not read those state laws. Ask the seller for the building permit and plans, and the local building authority and heritage office what they hold for the address. Also check whether the plot sits in an area where the municipality may take over the purchase: see municipal pre-emption.

8. Defects and the sale contract

A sale contract may limit or exclude the seller’s liability for defects, but § 444 BGB blocks that clause where the seller fraudulently concealed a defect or gave a guarantee. For a building, defects claims normally lapse after five years from handover (§ 438(1) no. 2, (2)), and the ordinary period applies if the defect was fraudulently concealed (§ 438(3)). Read the defects clause of your contract, because it may limit these rights. A written survey before signing is the practical protection, and the seller’s answers to your written questions should be recorded in the deed.

9. The draft deed

Under § 17(2a) BeurkG, a notary should give a consumer the intended text normally two weeks before the signing, so ask for it and use the time. Ask for the payment conditions, the date of handover, who bears the costs, and what happens if a pre-emption right or a permit is missing.

What it costs

Checks cost little compared with a mistake, but a survey, a valuation and legal advice are fees you set with the professional. Purchase costs are in total buying costs: transfer tax at your state’s rate, from 3.5% to 6.5% (a €300,000 home costs €10,500 at 3.5% and €19,500 at 6.5%, a calculation), plus notary and land registry fees. The purchase costs calculator adds them up.

Which professional to consult

A property valuer assesses price and condition, an architect or building expert reads plans and permits, a notary explains the deed, and a mortgage broker tests financing. For a plot, see also land values.

Frequently asked questions

Can I see the land register before I decide?

Yes if you show a legitimate interest (§ 12 GBO). The seller can also supply a recent extract.

Do I inherit the tenant?

Yes. The buyer takes over a lease already in place (§ 566 BGB), subject to the notice rules.

Who pays an access charge billed after I buy?

The municipality claims it from the owner when the notice is served (§ 134 BauGB). Between you and the seller, the deed can allocate it differently.

Is a “sold as seen” clause enough to protect the seller?

Not against concealed defects or guaranteed qualities (§ 444 BGB).

Is this list the same in every state?

The federal parts are; building, heritage and contaminated-land rules are state matters.

General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.

More guides on buying

Sources

All guides · Payotte Germany