Statement of going concern

A Certificate of Continuation is an official document issued by the Cadastral Office that officially certifies changes to parcels of land-particularly subdivisions, mergers, or boundary changes-and records the new cadastral data. It serves as the basis for the subsequent update of the land register and is therefore a key instrument in any land transaction. Without a certificate of continuation, no entry can be made in the land register.

When is a certificate of continuation required?

A certificate of continuation is always issued when the cadastral status of a parcel of land changes. Typical reasons include:

• Division of a property: An owner wishes to split off a rear parcel and sell it separately
• Merger: Multiple parcels are combined into a single one
• Boundary determination or adjustment: New boundaries are officially established following a surveying procedure
• Land readjustment or land redistribution: Parcels are reorganized in development areas

Cadastral Update Process

In Bavaria, the process for obtaining a certificate of continuation typically proceeds as follows: First, the owner or the notary commissions a publicly appointed surveyor (ÖbVI) or the State Surveying Office (ADBV) to perform the survey. After the survey is completed, the ADBV reviews the results and enters the new parcel data into the real estate cadastre. It then issues the proof of continuation, which the notary uses to correct the land register.

Contents of the Proof of Continuation

The proof of continuation contains the following information:

• The previous and new parcel numbers
• Municipal district designation and parcel number
• Areas of the new parcels in square meters
• Date of cadastral registration
• Name of the Office for Digitization, Broadband, and Surveying (ADBV)

With this information, the notary can apply for the land registry entry-the continuity certificate serves as the official basis upon which the land registry office acts.

Legal Significance in Real Estate Transactions

The continuity certificate has constitutive significance: Only once it is available can the new parcels be entered in the land registry or transferred to a new owner. While a purchase agreement for a sub-parcel that has not yet been surveyed can be notarized, the transfer of ownership in the land registry occurs only after the continuity certificate is submitted. This can delay the completion of the purchase by several weeks or months.

Proof of Continuation and Payment of the Purchase Price

In practice, the question often arises as to when the purchase price becomes due in the case of a property division. Possible provisions in the purchase agreement include:

Payment of the purchase price upon notarization: Rare, as the buyer does not yet receive a definable parcel of land at this point.

Payment of the purchase price after proof of continuity: Common, as this ensures that the surveyed property actually exists as planned and can be entered in the land register.

Payment of the purchase price after registration of ownership: Safest for the buyer, but involves a longer waiting period for the seller.

Practical Tip for Property Owners in Nuremberg and Franconia

Anyone wishing to subdivide a property in Nuremberg or the surrounding Franconian region should place the surveying order early-ideally before marketing begins. Depending on the order volume, ADBV Nuremberg has waiting times of several months. In such cases, we coordinate the process between the owner, the surveying firm, and the notary to ensure the transaction is not unnecessarily delayed. For property divisions in new development areas of the metropolitan region-such as those involving land development projects-we recommend initiating the surveying order and engaging a certified land surveyor (ÖbVI) concurrently with the drafting of the purchase agreement to minimize waiting times.

Frequently Asked Questions

How long does it take to prepare a proof of continuation?

After the survey is completed, the processing time at the ADBV is typically four to twelve weeks, depending on the workload and complexity. For urgent cases, some ÖbVI offices offer expedited processing; please clarify this when hiring the surveyor.

Who bears the costs for the continuation certificate?

The costs for surveying and updating the cadastral record are generally borne by the applicant-that is, the owner applying for the subdivision or boundary determination. The exact fees are based on the Bavarian Surveying Fee Schedule and depend on the size of the property and the amount of work involved.

Can I purchase a property before the proof of continuation is available?

Yes, a notarized purchase agreement can also be concluded for a sub-parcel that has yet to be surveyed. However, the land registry entry and thus the legal transfer of ownership will only take place after the proof of continuation has been submitted. Until then, the buyer is not yet the legal owner.

How does the proof of continuation differ from a boundary marking?

Boundary marking is the physical demarcation of property boundaries on the ground using boundary stones or other markers. The proof of continuation is the document based on this that officially certifies the change in the cadastral register. Both steps are part of the surveying process but must be clearly distinguished conceptually.

Certificate of Continuation and Priority Notice of Transfer

In practice, it is common for a purchase agreement for a parcel of land to be notarized before the certificate of continuation is available. In this case, the notary can already have a conditional priority notice of transfer entered, which protects the buyer from any interim dispositions by the seller. As soon as the proof of continuation is available and the new parcel number is known, the priority notice of conveyance is referenced to the correct parcel, and the final transfer of ownership is applied for. This procedure protects the buyer and makes it possible to initiate the sales process early on without having to wait for the completion of the surveying process.

Digitization of the Cadastral System in Bavaria

The real estate cadastre in Bavaria is managed entirely digitally. The Official Real Estate Cadastre Information System (ALKIS) is the central database in which all parcel data, land use types, and ownership details are consolidated. Once a cadastral update is completed, the new data is updated in ALKIS, and the update certificate is generated as a digital document. Notaries, courts, and government agencies can access current ALKIS data via standardized interfaces. For owners and buyers, a look at the BayernAtlas is recommended: there, current parcel boundaries, land use types, and cadastral district names can be accessed online for free.

Overview of Costs and Fees

In Bavaria, the costs for a surveying procedure followed by a continuation certificate are governed by the Bavarian Surveying Fee Regulations (BayVermGebO). They consist of a base amount plus additional fee components that depend on the number of newly formed parcels, the total area, and the amount of work involved. For a simple property division on a 1,000 m² plot in Nuremberg, total costs of approximately 1,500 to 3,000 euros can be expected for surveying and updating-the exact amount depends on the certified surveyor (ÖbVI) commissioned and the actual effort involved. In addition, there are notary fees for the notarization of the purchase agreement and the land registry entry, as well as real estate transfer tax on the purchase price.

Back to the Real Estate Glossary.