The most important points
After the exciting search and successful property viewing, a decisive step approaches: the notary appointment. This legally required act is not just a formality, but the foundation for the legally secure processing of your house or apartment purchase. It protects both buyer and seller and ensures that all aspects of the real estate transaction are transparent and correct. In our guide, you will learn everything important about the notary appointment, from preparation and the procedure to the costs involved. This way, you can enter this important milestone of your real estate acquisition well-informed and with a sense of security.
Why the Notary Appointment is Essential
Buying or selling a property is one of the most significant financial decisions in many people's lives. It is therefore all the more important that this process is legally flawless and transparent for everyone involved. This is where the notary appointment comes in. In Germany, the notarization of a real estate sales contract by a notary is required by law. This serves to protect the buyer and seller, with the notary acting as an independent and impartial advisor. They ensure that all legal requirements are met, the contract is clear and understandable, and both parties are informed about the implications of their declarations. Without notarization, a sales contract for real estate is not valid.
Overview of a Notary Appointment Procedure
The procedure at the notary can seem complex to laypeople at first, but with the right preparation, the appointment is manageable. Here is an overview of the most important steps:
1. Preparation and Draft Contract
Before you even sit with the notary, the actual work begins. The notary creates a draft contract based on the information provided by the buyer and seller. This draft contains all essential points of the real estate transaction, such as the purchase price, the exact description of the property, payment modalities, and any special agreements. It is crucial to check this draft carefully and consult the notary early on if there are any ambiguities or change requests. A possible withdrawal clause should also be discussed and included if necessary.
2. The Notarization Appointment
At the actual notarization appointment, the buyer, seller, and the notary meet in their office. First, the personal details of everyone present are verified. Then, the notary reads the entire sales contract out loud and clearly. This may seem tedious, but it is an important part of consumer protection. During the reading, both parties have the opportunity at any time to ask questions or request explanations. The notary answers these questions and ensures that all clauses are understood. After reading and clarifying all points, the contract is signed by all participants and the notary. This completes the notarization.
3. After the Notary Appointment: Priority Notice of Conveyance and Land Registry Entry
The purchase is not fully completed with the signature. The notary now arranges for the entry of a priority notice of conveyance (Auflassungsvormerkung) in the land registry. This notice secures the buyer's claim to the transfer of ownership and protects them from the seller selling the property to someone else or otherwise encumbering it in the meantime. Only when the purchase price has been paid in full and all other requirements are met does the notary apply for the final transfer of ownership in the land registry. Parallel to this, the notary handles the cancellation approval of any existing encumbrances of the seller in the land registry, such as old mortgages.
Notary Costs and Real Estate Transfer Tax
In addition to the purchase price, further costs arise when buying real estate, the so-called ancillary purchase costs. These include notary costs and the real estate transfer tax.
Notary Costs for Real Estate Purchase in Berlin and Brandenburg
Notary costs are legally fixed in the Court and Notary Costs Act (GNotKG) and are based on the purchase price of the property. They usually amount to about 0.8 to 1.2 percent of the purchase price. In addition, there are land registry costs, which are also legally regulated and usually amount to about 0.5 percent of the purchase price. In total, you can expect about 1.5 to 2 percent of the purchase price for the notary and land registry entry. These notary fees cover the notary's services for contract design, notarization, obtaining relevant documents, and communication with the land registry office. The notary costs for buying a house in Brandenburg or an apartment in Berlin do not differ significantly in their percentage share, as they are calculated uniformly nationwide based on the purchase price.
Real Estate Transfer Tax in Berlin and Brandenburg
The real estate transfer tax is a state tax and therefore varies depending on the federal state. It is due once upon the acquisition of a property. For the real estate transfer tax in Berlin, the rate is currently 6.0 percent of the purchase price. In Brandenburg, the rate is 6.5 percent. It is important to consider these costs in your financial planning, as they represent a significant portion of the ancillary purchase costs.
Special Aspects: Pre-emptive Right and Withdrawal Clause
Pre-emptive Right for Real Estate
The pre-emptive right (Vorkaufsrecht) is a complex topic that can become relevant when buying real estate. It means that a certain person or institution has the right to buy a property before anyone else if it is for sale. A common example is the pre-emptive right in Berlin for municipalities, especially in milieu protection areas. If the municipality exercises its pre-emptive right, it enters into the sales contract and acquires the property under the same conditions agreed upon with the original buyer.
What to do if the municipality exercises a pre-emptive right?
If the municipality exercises its pre-emptive right, it enters into the existing sales contract. The original buyer then cannot acquire the property, and usually, the purchase price can no longer be negotiated. It is advisable to seek legal advice in such a case to check your own options.
When does a pre-emptive right expire?
A pre-emptive right can expire under various circumstances, for example, through the passage of time, waiver by the entitled party, or if the property is sold to a close relative. The exact conditions must be checked in each individual case.
Withdrawal Clause
A withdrawal clause in the sales contract allows one or both parties to withdraw from the contract under certain conditions. Such clauses are not the rule but can be useful in individual cases, for example, if the financing commitment is still pending or certain permits are required. It is advisable to discuss such clauses with the notary in advance and have them formulated precisely.
Frequently Asked Questions about the Notary Appointment
If you are looking for professional support for your real estate transaction in Berlin or Brandenburg, the coming home Sales Team is at your side with expertise and experience to ensure a smooth process from the initial viewing to the successful notary appointment.
This article serves for general information and does not replace individual legal or professional advice.
