A German property deed in English or another language

The default and the two exceptions

The starting point is § 5(1): deeds are made in German. Two mechanisms let an English-speaking buyer take part.

A deed in another language. According to § 5(2), the notary can draw up deeds in another language on request, and “should” accept only if sufficiently proficient in it. This depends on the individual notary; some offices work in English, others do not. The notary cannot be compelled to use a language he or she does not master. Payotte does not rank or list notaries, so ask the office directly, before booking, whether it can run the signing in your language.

A German deed, translated. If a party is not sufficiently familiar with the language of the deed, by their own statement or in the notary’s conviction, that is stated in the record (§ 16(1)). The record then has to be translated for the party instead of being read aloud (§ 16(2)). The normal rule that the deed must be read out in the notary’s presence, approved and signed by hand (§ 13(1)) is thereby replaced for that party by translation.

Written translation and interpreter

§ 16(2) gives the party more than oral translation. If the party asks, the translation should also be made in writing and handed over for review, and the written translation should be attached to the deed. The notary should point out that a written translation can be requested, and these facts should be recorded in the deed.

Who translates? If the notary does not translate personally, an interpreter must be called in (§ 16(3)). The grounds that exclude a person from acting under §§ 6 and 7 BeurkG apply to the interpreter by analogy (§ 16(3)), so ask the notary whether someone close to you can be used. If the interpreter is not generally sworn within the meaning of § 189(2) of the Courts Constitution Act, the notary should swear them in, unless all the parties waive this. The interpreter also signs the deed.

In practice, then, a buyer has four options: a deed drawn up in English where the notary offers it; a German deed with the notary translating; a German deed with an interpreter; or either of the last two plus a written translation attached.

What does not change

The language arrangement alters how you understand the deed, not what the law requires. A purchase contract must still be recorded by a notary under § 311b(1) BGB. The notary’s duties continue: to establish the parties’ intentions, to explain the legal effect of the transaction, to record the statements clearly and to see that inexperienced participants are not disadvantaged (§ 17(1) BeurkG). For consumer contracts the buyer should have the draft text in good time, normally two weeks before the signing (§ 17(2a)). Ask for it in the language you need, if one is available, and use the two weeks.

If foreign law applies or there is doubt, the notary should point this out and record it, but is not obliged to advise on the content of foreign legal systems (§ 17(3)). An English-speaking buyer whose ownership, marriage property regime or inheritance planning involves another country should take separate advice from a lawyer in that country.

A practical sequence

1. Tell the notary’s office, when the draft is requested, that you need English.
2. Ask whether the deed itself can be in English, or whether a translator or interpreter will be used, and who engages and pays them.
3. Request the written translation if you want to read before the signing.
4. At the signing, say if anything is unclear; the translation exists for that.
5. Keep the deed and any attached translation together.

Which professional to consult

The notary who will record the deed; a sworn translator for a written translation of the draft in advance; and, if your own country’s law is involved, a lawyer qualified there. See also the role of the notary and the notary page.