The Notary Appointment When Buying PropertyProcess, Costs and Preparation

Before the Appointment: Review the Draft Contract

Once buyer and seller have agreed on the key terms, the notary prepares the draft purchase contract. It is sent to both parties at least two weeks before the notarisation appointment, a statutory waiting period that serves consumer protection and ensures that nobody signs under time pressure.

In the draft, check in particular:
Purchase price and payment terms. Handover date and transfer of possession. Warranty provisions and exclusions of liability. Encumbrances and restrictions (land register, section II). Provisions on ongoing contracts (tenancy agreements, insurance). Withdrawal clauses and conditions. Land charges registered for the financing.

If you are unsure, have the draft reviewed by a lawyer or your estate agent. Questions to the notary are free of charge and expressly welcome.

At the Appointment: What Happens at the Notary?

Identity check: The notary checks the identity documents of everyone involved.

Reading of the contract: The notary reads the entire purchase contract aloud, even if this takes time with a 20-page contract. This is required by law.

Explanation: The notary explains the individual clauses and their legal consequences. Both sides can ask questions at any time.

Signature: After the reading, buyer and seller sign the contract. The notary then signs the deed.

Duration: Usually 45–90 minutes, depending on the complexity of the contract.

After the Appointment: Completion

The notary handles the entire completion process:

Priority notice of conveyance (Auflassungsvormerkung): This is entered in the land register (Grundbuch) immediately and protects the buyer: the seller can no longer sell or encumber the property elsewhere.

Approvals: The notary obtains any required approvals (e.g. the municipality's waiver of its right of first refusal).

Cancellation of old encumbrances: The seller's land charges are cancelled.

Notice of maturity: Once all conditions are met, the notary informs the buyer that the purchase price is due.

Transfer of ownership: Once the purchase price has been received, the notary applies for the change of ownership in the land register.

Notary Fees: How High Are They?

Notary and land registry fees depend on the purchase price and are set by law in the Court and Notary Fees Act (Gerichts- und Notarkostengesetz, GNotKG); they are not negotiable.

The actual costs depend on the scope of the notarial work. A detailed fee calculator is available on the website of the Bundesnotarkammer (Federal Chamber of Notaries).

If the purchase is financed, there are also the costs of registering the land charge (Grundschuld) with the notary and land registry, usually 0.3 to 0.5% of the land charge amount. The guide Purchase costs in Bavaria gives a full overview of all costs.

The Most Important Clauses in the Purchase Contract

What to Bring to the Appointment

• valid identity card or passport
• tax identification number (Steuer-Identifikationsnummer)
• if married: details of your matrimonial property regime
• for companies: a current extract from the commercial register and proof of authority to represent
• if financing: the bank's documents for the land charge (the bank often sends them directly to the notary)
• your notes and questions on the draft
• if your German is not sufficient: a sworn interpreter, see International buyers

The Timeline from Draft to Ownership

The guide The land register explained simply explains the land register in detail; rights of first refusal are covered under Right of first refusal.

Representation and Power of Attorney

If a party cannot attend in person, there are two options:

1. Notarial power of attorney: A trusted person signs using a notarially certified power of attorney.
2. Representation without authority, with subsequent approval: Someone, often a member of the notary's staff, signs; the represented party later approves the contract in notarially certified form, which can also be done before a notary or a German diplomatic mission abroad.

For consumer contracts, notaries make sure that consumers conclude the contract in person wherever possible, so that they receive the legal advice themselves. So, if possible, plan to attend yourself.

How the Estate Agent Helps

A good estate agent prepares the notary appointment: they provide the notary with all the data, clarify open points between buyer and seller, check the financing confirmation and accompany you to the appointment. After notarisation, they coordinate the handover. More under Notary preparation and The role of the estate agent.

The Notary for Inheritance, Gifts and Hereditary Building Rights

The notary is not only mandatory for purchases. These property-related transactions must also be notarised or notarially certified:

Why Germany Requires a Notary

The notarisation requirement has a clear purpose: it protects both sides from hasty decisions and ensures the contract is legally sound. The notary checks identity, the land register and the authority to represent, explains the legal implications and makes sure that money and ownership change hands simultaneously and securely. Because the notary is neutral towards both sides, in most cases they replace separate lawyers, unlike in many other countries.

Typical Questions at the Appointment

You should have these questions answered by the time of the appointment at the latest:

1. Is the purchase price unambiguous, and is any inventory sold with the property listed separately?
2. What applies if new damage is found at the handover?
3. Who bears development charges or special levies that have already been decided but not yet billed?
4. By when must the seller move out, and what applies if there is a delay?
5. What happens to the deposit and tenancy agreements for let properties?
6. What payment deadlines apply, and what happens in the event of late payment?

The more clearly these points are discussed in advance, the more relaxed the appointment will be. A good estate agent clarifies them with both sides before the draft is prepared.

Common Mistakes Around the Notary Appointment

1. Not reading the draft: Many questions only come up at the appointment; it is better to clarify them beforehand.
2. Financing not secured: Without a binding loan commitment, the buyer can run into difficulties if payment is delayed.
3. Inventory not listed: The fitted kitchen then increases the land transfer tax (Grunderwerbsteuer).
4. Verbal agreements not included: Whatever is not in the deed usually does not apply.
5. Forgetting your ID: Without valid ID, the deed cannot be notarised.

The Notary and the Money: How Payment Is Secured

In Germany, the purchase price is usually paid directly by the buyer to the seller and, where applicable, to the seller's bank, not via a notary's account. Security comes from the order of steps: the purchase price only falls due once the priority notice of conveyance is registered and the bank's cancellation documents are available. Only after payment does the notary apply for the transfer of ownership. A notary's escrow account (Notaranderkonto) is only permitted in exceptional cases, for example where there are special security interests.

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