Wegweiser Owners & Builders · Buying, building, owning Deutsch

📜 Purchase contract, notary and land register

Buying property requires a notary. The notary records the contract, and the land registry enters you as owner.

notary purchase contract land register conveyance (Auflassung) priority notice (Vormerkung) notarial recording draft

In brief

Without a notary, a purchase contract for land or a flat is not valid.

The notary sends you the draft contract in advance. For consumers this should normally be two weeks before the appointment. Read the draft calmly. Ask about anything you do not understand.

After the appointment, the land registry (Grundbuchamt) enters you as the new owner. Only with this entry does the property belong to you.

Step by step

  1. Request the draftAsk the notary early for the draft contract and read it calmly.
  2. Clarify questionsAsk the notary about encumbrances in the land register, payment and handover.
  3. Notarial recordingAt the appointment the notary reads the contract aloud. You sign.
  4. Payment and registrationYou pay according to the contract terms. Entry as owner follows.

Deadlines

normally 2 weeks
The notary should make the contract text available to consumers before the notarial recording§ 17 Abs. 2a BeurkG
Watch out – common mistakes
  • Only notarial recording makes the purchase contract effective (§ 311b Abs. 1 BGB).
  • Formal defects can be cured by conveyance (Auflassung) and entry in the land register; do not rely on that.
  • A handshake or a private preliminary contract is not enough.
  • Check in the land register which encumbrances lie on the property.
In depth · legal basis, figures and practice – for advisers and professionals

Form

Under § 311b Abs. 1 BGB, a contract by which one party undertakes to transfer or acquire ownership of land requires notarial recording. A contract that is invalid for lack of form becomes valid once conveyance (Auflassung) and entry in the land register take place.

Consumer contract

§ 17 Abs. 2a BeurkG: for consumer contracts, the notary should ensure that the consumer receives the intended text in advance. This should normally happen two weeks before the recording. If the period is shortened, the reasons should be stated in the minutes.

Land register

The usual protection for the buyer is the priority notice (Vormerkung) in the land register. The Vormerkung secures the claim to transfer of ownership; § 3 Abs. 1 MaBV requires it for developers. The details of the process (conveyance, registration of ownership, tax office clearance certificate) were not examined in depth here from the primary source.

Who is responsible
  • Notary
  • Grundbuchamt (land registry) at the Amtsgericht
  • Finanzamt (real estate transfer tax)
Further reading
Purchase incidental costs and real estate transfer taxConstruction financing, withdrawal and termination

Quick questions

Worum geht es bei „Purchase contract, notary and land register“?
Buying property requires a notary. The notary records the contract, and the land registry enters you as owner.
Which deadlines and figures matter?
normally 2 weeks: The notary should make the contract text available to consumers before the notarial recording (§ 17 Abs. 2a BeurkG)
What should I do first?
  • Request the draft: Ask the notary early for the draft contract and read it calmly.
  • Clarify questions: Ask the notary about encumbrances in the land register, payment and handover.
  • Notarial recording: At the appointment the notary reads the contract aloud. You sign.
What do I need to watch out for?
  • Only notarial recording makes the purchase contract effective (§ 311b Abs. 1 BGB).
  • Formal defects can be cured by conveyance (Auflassung) and entry in the land register; do not rely on that.
  • A handshake or a private preliminary contract is not enough.
Evidence
  • BGB § 311b Abs. 1, gesetze-im-internet.de, retrieved 20 September 2026
  • BeurkG § 17 Abs. 2a, gesetze-im-internet.de, retrieved 20 September 2026
  • MaBV § 3 Abs. 1 (priority notice), gesetze-im-internet.de (gewo_34cdv), retrieved 20 September 2026
  • Bundesnotarkammer, bnotk.de (notary search, service), retrieved 20 September 2026
As of

September 2026 · Sources and method

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