Access to the land registry

Land registry inspection refers to the right to inspect the land registry in order to ascertain the legal status of a property-including ownership, encumbrances, and restrictions. The land registry is not a public record accessible to everyone; according to Section 12 of the Land Registry Act (GBO), inspection requires a legitimate interest. Those entitled to access include, in particular, owners, buyers, lenders, notaries, courts, and public authorities. Access can be obtained at the competent land registry office or-if enabled-via the electronic land registry retrieval system.

What is listed in the land registry?

The land registry consists of a header (local court, land registry district, page number) and three sections: Section I lists the owners and the basis of acquisition. Section II records encumbrances and restrictions without monetary value-e.g., residential rights, usufruct, rights of first refusal, and building encumbrance notes. Section III contains real property liens (land charges, mortgages) with the creditor and amount. Deletions appear as red lines in the paper land register or as corresponding notes in the electronic land register.

Eligibility and Procedure

Anyone seeking access to the land register must demonstrate a legitimate interest to the land registry office-a concrete interest in purchasing, an existing financing inquiry, or a family relationship with the owner is sufficient. The request can be submitted in writing or in person. Notaries have direct access to the electronic land register (EGVP) as part of their official duties. A certified copy of the land register currently costs approximately 20 euros per land register page; uncertified copies are less expensive.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that every real estate buyer in Nuremberg obtain a complete land registry extract before signing the contract and carefully review all three sections. Of particular importance are registered housing rights or usufruct rights (Section II), which remain in effect even after a sale, as well as the amount of outstanding land charges (Section III). If you have questions about interpreting a land register extract, we are happy to assist you as your real estate agent-and, in case of doubt, recommend consulting the notary who notarized the deed.

Frequently Asked Questions

Can anyone look at the land register?

No. The land register is not a public registry. Anyone wishing to inspect it must demonstrate a legitimate interest. Curiosity or a general interest in information is not sufficient.

How long does it take to obtain a land register extract?

If you visit the land registry office in person (in Nuremberg: Nuremberg Local Court), an uncertified extract is often available immediately. Certified extracts sent by mail may take a few days. Notaries with direct access to the EGVP can retrieve them within minutes.

Does a deleted land charge remain visible in the land register?

In the electronic land register, deleted entries are marked as “deleted” but are not physically removed. They remain visible in the historical land register extract (full printout). Only active, undeleted entries are relevant for legal transactions.

Land Registry Review as Part of Real Estate Due Diligence

For buyers, a land registry review is an indispensable part of the due diligence process prior to purchase. Anyone purchasing a property or an apartment assumes all encumbrances recorded in the land register-regardless of whether they were aware of them. While the principle of public faith in the land register protects bona fide purchasers from unknown encumbrances not listed in the register, if an encumbrance is recorded, there is no protection based on ignorance.

It is particularly important to review Section II for rights of residence, usufruct, rights of first refusal, and real encumbrances. A registered lifetime right of residence in favor of a person can significantly impair the usability and financeability of the property. Banks often refuse financing if the property being purchased is encumbered by a right of residence that adversely affects the mortgage lending value.

In Nuremberg and the metropolitan region, we recommend that buyers request the land register extract from the seller or real estate agent before viewing the property. This allows potential obstacles to be identified and negotiated early on, before a purchase price offer is made.

Electronic Land Registry Access in Bavaria

Since the complete digitization of the Bavarian Land Registry, notaries and courts can access current land registry data directly via the Electronic Land Registry Retrieval Procedure (EGVP). For private individuals, limited online access is available through the BayernPortal-though only for properties in which they have a direct legal interest and after prior registration. In practice, the easiest way for real estate buyers is to ask their appointed notary for a current land registry extract; the notary can retrieve and provide it within minutes.

Land Registry Access for Communities of Heirs and Inheritance Cases

In inheritance cases, access to the land registry is particularly important for heirs: After the owner’s death, the land registry still lists the deceased as the owner until the succession has been proven by a certificate of inheritance or a notarized will and a request for transfer of title has been filed. Heirs should review the land register early on to identify any existing encumbrances-such as land charges, usufruct rights, or rights of first refusal-before making decisions regarding the sale or continued use of the property. Anyone inheriting a property in Nuremberg or the metropolitan region should also verify whether the land register will be corrected promptly, as the land registry office may enforce a correction requirement after two years.

Costs and Practical Information

A certified land register extract currently costs approximately 20 euros per land register page at the competent local court. Uncertified copies are less expensive and often sufficient for informational purposes. The Nuremberg Local Court is responsible for land registers of properties in Nuremberg; for properties in the surrounding municipalities, the respective local courts of the districts (e.g., Hersbruck Local Court for the Nuremberg Land district or Erlangen Local Court) are responsible. If you visit in person, you must bring photo ID and demonstrate a legitimate interest. If you hire a real estate agent to search for a property, you can also have them obtain the land register extract-we are happy to obtain this for our clients as part of our consulting services.

Back to the Real Estate Glossary.