Retroactive certification

A subsequent notarization is a new notarization that becomes necessary after the original contract has been concluded because significant changes or additions are to be made to the contract that has already been notarized. Since real estate purchase agreements must be notarized (Section 311b of the German Civil Code (BGB)), subsequent changes to the purchase price, the subject matter of the purchase, or essential elements of the contract must also be notarized by a notary. A subsequent notarization is therefore not an error, but a standard tool for legally secure contract amendments.

When is a subsequent notarization necessary?

Typical reasons for a subsequent notarization include: changes to the purchase price following renegotiation (e.g., due to a discovered defect), expansion or reduction of the subject matter of the sale (e.g., addition of another garage or separation of a portion of the property), or changes to the provisions regarding transfer of ownership or the payment due date. Even if the buyer or seller changes after the initial notarization-for example, due to the entry of another buyer-a subsequent notarization is required.

Purely editorial corrections (typos that do not alter the meaning), on the other hand, can often be corrected through a notarial record without a full subsequent notarization. The distinction between a substantive change (requiring a supplementary notarization) and an editorial correction (for which a simplified correction is possible) is made by the notary on a case-by-case basis.

Procedure and Costs of Supplementary Notarization

The procedure is the same as for a regular notarization: The notary reads the addendum aloud, all parties sign, and the notary certifies the document. The costs of a subsequent notarization are calculated according to the GNotKG and depend on the transaction value of the amended portion-they are generally lower than those of the initial notarization, but can range from a few hundred to a few thousand euros, depending on the scope and transaction value.

In accordance with standard practice, the costs are borne jointly by the buyer and seller or by the party who initiated the amendment. If, for example, a defect is the reason for a reduction in the purchase price and the buyer requests the subsequent notarization, they may insist during negotiations that the seller cover the costs-or the costs may be split equally.

Subsequent Notarization and Transfer of Title

As long as a subsequent notarization is pending, the land registry office generally may not proceed with the transfer of title. The notary holds up the transaction until all required notarizations are complete and formally valid. Buyers and sellers should therefore not take contract amendments lightly: Any significant deviation from the notarized content must be formally rectified to avoid jeopardizing the validity of the purchase agreement.

In practice, a pending supplementary notarization can delay the transfer of ownership by several weeks-especially if coordinating the parties is difficult or one of the parties lives abroad. Early coordination of all points before the notary appointment is therefore the best way to avoid subsequent notarizations.

Difference from a Supplementary Deed

The term “subsequent notarization” is often used synonymously with “supplementary deed.” Both refer to the same instrument: a renewed notarial certification to supplement or amend an existing contract. The difference lies solely in usage: “subsequent notarization” describes the process, while “addendum” describes the result-that is, the additional notarial document that, together with the original deed, reflects the complete status of the contract.

Practical Tip for Property Owners in Nuremberg and Franconia

In our practice as real estate agents in Nuremberg and Franconia, we encounter supplementary notarizations primarily when defects are discovered after the notary appointment and the buyer and seller agree on a reduced purchase price. Situations where a buyer secures co-financing from parents or a partner at the last minute and that person is to be added to the contract as an additional buyer also lead to supplementary notarizations.

We therefore recommend: Consistently complete viewings and technical inspections before the notary appointment so that no unexpected renegotiations are necessary. All contracting parties should be finalized before the notarization appointment. Should a subsequent notarization nevertheless be necessary, we will coordinate the arrangements with the notary on your behalf and ensure that no unnecessary time is lost.

Frequently Asked Questions

Does a subsequent notarization cost the same as the original notarization?

No. The subsequent notarization is calculated based on the transaction value of the amended part of the contract, not on the total purchase price. It is therefore generally significantly less expensive than the initial notarization.

Can contract amendments also be agreed upon verbally or via email?

In real estate purchase agreements, any material amendment must be in writing-verbal or written amendment agreements without notarial certification are invalid. This also applies to emails or WhatsApp messages in which the seller and buyer agree to a price reduction.

Who commissions the notary for the subsequent notarization?

As a rule, the party whose interest prompts the subsequent notarization commissions the notary-or both parties jointly. Typically, the same notary who handled the initial notarization is engaged, since they are already familiar with the contract.

How long does a subsequent notarization take?

The notarization process itself usually takes 30 to 60 minutes, just like the initial notarization. The total duration depends on how quickly all parties involved can find a mutually convenient appointment with the notary. If coordination is straightforward, a subsequent notarization can be completed within a week; if scheduling is difficult, it may take several weeks.

What are the consequences of failing to have a subsequent notarization?

If significant contract amendments were agreed upon verbally or via email but are not subsequently notarized, the amendment agreement is invalid under § 311b of the German Civil Code (BGB)-it has no legally binding effect. This can have serious consequences: Anyone who verbally grants a buyer a price reduction of 20,000 euros is not legally bound by it without subsequent notarization. Conversely, a buyer who has verbally waived a contractual warranty can contest this waiver at any time without notarization. In our practice in Nuremberg, we repeatedly encounter situations where a different price agreement is reached after the property viewing, only to discover weeks later that the lack of notarization is blocking the entire purchase process. Our urgent advice: Any substantive change to a purchase agreement-whether it be a price adjustment, a modified handover arrangement, or an added scope of services-must be reported to the notary immediately and formalized through a subsequent notarization before the transfer of ownership is completed.

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