Registration Authorization

Authorization for Registration - The authorization for registration is the formal declaration by the party whose rights are affected by a land registry entry that they consent to the registration (Section 19 GBO). It is the key prerequisite for any registration, amendment, or deletion in the land registry and must be notarized or certified. Without a valid consent to registration, the Land Registry will not make any entry.

Form and Content

The consent to registration must be publicly certified (Section 29 GBO) - in practice, this is done through notarization of the signature or by inclusion in a notarial deed (e.g., the purchase agreement). In terms of content, it must clearly identify the property in question, the right to be registered, and the parties involved. In a real estate purchase, the seller authorizes the transfer of ownership to the buyer; in the creation of a land charge, the owner authorizes the registration of the land charge in favor of the bank.

Significance in the Purchase Process

In the typical course of a real estate purchase, the seller grants authorization in the purchase agreement for the pre-registration of conveyance and the subsequent transfer of ownership. The notary submits the authorization to the land registry office, which carries out the registration. The authorization is irrevocable once it has been received by the land registry office-the seller can no longer unilaterally prevent the transfer of ownership from this point on. This safeguard gives the buyer the security to pay the purchase price.

Authorization for Registration vs. Application

Under land registry law, in addition to the authorization for registration, a registration application is also required (Section 13 GBO). While the authorization constitutes the consent of the party concerned to the registration, the application triggers the land registry office to take action in the first place. In practice, the notary often files the application together with the authorization as part of the purchase agreement process. Important: The application and the authorization are legally separate declarations. For some entries-e.g., the transfer of ownership-the authorization alone is not sufficient; an application by the buyer or by the notary on the buyer’s behalf is also required. An experienced notary coordinates these requirements smoothly; however, buyers should be aware that without an explicit application, the entry will not occur automatically even if authorization is available.

Practical Tip for Buyers in Nuremberg

We recommend that buyers in the Nuremberg metropolitan area ensure that the notary submits the registration authorization for the notice of conveyance to the land registry office immediately after notarization. In Nuremberg, the processing time at the land registry office currently takes several weeks-prompt submission protects you from the seller encumbering or selling the property to another party in the meantime. Check the draft purchase agreement to ensure that authorization for all necessary entries (priority notice, land charge, transfer of ownership) is included. In the case of complex structures-e.g., a purchase by a GbR or when dealing with a property that is already encumbered-it is advisable to have the draft purchase agreement reviewed in advance by a notary specializing in real estate law.

Frequently Asked Questions

Who grants the authorization for registration?

Always the party whose right is affected-that is, the party whose legal position is altered or eliminated by the registration. In the case of a sale, this is the owner (for the transfer of ownership to the buyer); in the case of the creation of a land charge, it is also the owner (for the encumbrance of their property); and in the case of the cancellation of a land charge following loan repayment, it is the bank (for the termination of its security interest). No authorization is required from the beneficiary, however-the new owner or the new bank as creditor does not need to separately consent to the registration in their favor.

Can a consent to registration be revoked?

As long as the consent has not yet been received by the land registry office, it can theoretically be revoked-the notary could withhold submission upon instruction from the person granting consent. Once received by the land registry office, revocation is no longer possible-the land registry office is bound by the consent received and will proceed with the registration. A correction is then only possible through a land registry amendment (in the case of obvious errors) or through court proceedings (in the case of disputed issues).

How much does an entry authorization cost?

The authorization itself does not incur any separate costs if it is issued as part of a contract that is already subject to notarization (purchase agreement, deed of mortgage). In the case of separate notarization of the signature on a registration authorization, notary fees are incurred in accordance with the GNotKG-typically between 30 and 250 euros, depending on the value of the transaction. Land registry fees for the actual registration are added and are also based on the value of the right to be registered.

Authorization for Registration in the Case of Deletions and Changes in Priority

The authorization for registration is required not only for the initial registration of a right, but also for deletion and changes in priority. If a land charge is to be deleted after loan repayment, the bank issues the deletion authorization-often in the form of a deletion authorization and a receipt for the repayment. If the priority of two registered land charges is to be changed (priority agreement), the authorization of both creditors is required. In practice, it frequently happens that old, already settled land charges remain in the land register, and the cancellation authorization must first be requested from the bank-this can delay the settlement of a real estate sale. We recommend that sellers in Nuremberg clarify, even before signing the purchase agreement, whether the relevant cancellation documents are available for all land charges that are no longer outstanding.

Relationship to the Transfer of Ownership

In property transfer law, in addition to the consent to registration, the transfer of ownership (§ 925 BGB) is also required. The transfer of ownership is the agreement in rem between the seller and the buyer regarding the transfer of ownership-it must be notarized and declared simultaneously. The consent to registration, on the other hand, is the unilateral declaration by the previous owner to approve the registration of the new owner. In practice, conveyance and consent to registration are regularly declared together in the purchase agreement, so that this distinction has no tangible effect for buyers and sellers. However, it is important to note: The transfer of ownership cannot be declared subject to a condition (Section 925(2) of the German Civil Code (BGB)), whereas the consent to registration is, in principle, incompatible with conditions-the land registry office only makes unconditional entries.

Digitalization and Electronic Authorization for Registration

In Bavaria, the digitalization of land registry procedures is advancing. Notaries can submit authorizations for registration and applications to the land registry offices in electronic form. The ERV procedure (Electronic Legal Transactions) enables faster processing, as it eliminates media breaks. For buyers and sellers in Nuremberg, this means that processing times at the land registry office tend to be shorter-though the actual processing time depends on the workload at the respective land registry office. Ask your notary for information on the current status of processing times.

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