Land register; application for registration

Anyone who buys a plot of land or a condominium must register as the owner in the land register.

Description

The land register is used for legal transactions involving real estate. In addition to agreement on the legal change, every legal transaction involving the creation of rights and changes to rights to land must also be entered in the land register in order to be effective. If, for example, you wish to transfer ownership of a plot of land or create a mortgage on your land, this change of title requires a corresponding entry in the land register.

If you have purchased a plot of land, you are not the new owner until you have

  • you have reached an agreement with the seller on the transfer of ownership ("conveyance of the property") and
  • the new ownership structure has been entered in the land register.

Registration in the land register is also required for other forms of transfer of ownership.

The land registry office of the local court where the land register for the property is kept is responsible.

Under "Related Topics" you will find information on various event-related entries in the land register.

Prerequisites

Requirements for registration are normally:

  • Application for registration
  • Conveyance or/and registration authorization of the person whose right is affected by the registration
  • compliance with special formal requirements

Depending on the individual case

  • additional documents are required (e.g. proof of inheritance, permits, pre-emption certificates, tax clearance certificate) or
  • the land register must first be corrected before the requested registration (for example, by registering the heirs of a deceased owner).

Procedure

The entry in the land register must be applied for. Find out more about this from a notary, a lawyer or a solicitor. They will give you advice on the procedure and the documents you need, tailored to your situation.

The application can be made in writing or recorded at the land registry office. Submitting an application by e-mail is not sufficient.

The declarations and documents with which you prove to the Land Registry that your application is to be granted must be contained in public or publicly certified documents.

The application for registration of ownership as a result of purchase or donation is made by a notary public after the notarization has taken place.

If the Land Registry has determined that all the requirements for registration have been met, it makes the registration.

Once the registration has been made, the land registry notifies the notary, the applicant, the registered owner(s), and all the persons shown in the land register in whose favor the registration is made or whose right is affected by it.

Special notes

The purchase of a plot of land or a condominium and the creation of a land charge for the bank to secure a loan must be notarized. The notarial deed is a prerequisite for entry in the land register in the above-mentioned examples. In it, the parties involved also determine who has to bear which costs. As a rule, in the case of a purchase, the buyer bears the costs of the acquisition. As a rule, the seller bears the costs of deleting an encumbrance still entered in the land register, for example land charges of the seller. As a rule, the buyer does not assume these "old encumbrances"; instead, they are financed through the buyer's own bank.

The basis for the entries and fees at the land registry is this notarial deed. In the deed, the seller and the buyer agree on the rights to be entered in the land register. These are then entered in the relevant land register at the land registry. You will receive a copy of the deed from the notary and can read the agreements.

Deadlines

none

Processing time

The processing time depends in particular on the workload of the responsible land registry office.

Fees

  • Costs are incurred for the work of the notary and the entry in the land register. The amount of the costs is largely determined by the amount of the purchase price, for example, in the case of the acquisition of land.

    For the registration of property, the fee is charged according to the rate of the fee according to No. 14110 to 14112 Kostenverzeichnis zum Gerichts- und Notarkostengesetz (GNotKG).

Status: 26.09.2022

Responsible for editing: Bayerisches Staatsministerium der Justiz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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