Certificate

Deed - A deed is a written document that embodies a legally significant declaration and can be attributed to a specific issuer. In real estate law, deeds are of central importance: The real estate purchase agreement requires notarization (§ 311b BGB), as do the creation of a land charge, the declaration of division, and the transfer of title. The notarized deed has special evidentiary value and is a prerequisite for entries in the land register.

Types of Deeds in Real Estate Law

There are various types of deeds in the real estate sector: The notarized deed (Section 128 BGB) is the most formal type-the notary reads the contract aloud, explains the terms to the parties involved, and certifies their declarations of intent. It is required for purchase agreements, land charge creations, and declarations of division. The publicly certified document (Section 129 BGB) confirms only the authenticity of the signature-sufficient for land registry applications and authorizations for deletion. The private document is a privately drafted document (e.g., lease agreement, handover report)-it has less evidentiary value than notarial deeds.

In addition, other public documents play a role in real estate purchases: the land registry extract (issued by the land registry office), the building permit (issued by the building authority), and the certificate of separation (when purchasing condominium ownership). These documents are not contracts, but official certifications with their own evidentiary value. When purchasing a condominium, buyers should always ask for a current declaration of division with the community rules and the associated floor plans-these documents determine the rights and obligations under the Condominium Act (WEG) for many years.

Evidential Value and Enforceability

Notarized deeds have full evidential value (Section 415 of the German Code of Civil Procedure, ZPO)-their content is deemed proven unless forgery is demonstrated. An enforceable copy of a notarial deed (e.g., a land charge deed with a submission clause) allows for immediate enforcement without a prior court judgment. Banks insist on such a submission to enforcement for land charges-in the event of non-payment, the bank can directly initiate foreclosure.

The enforceable copy is a serious instrument for borrowers: it means that in the event of default, the bank can enforce the debt directly without lengthy court proceedings. In return, it offers lenders the necessary security to enable long-term real estate financing on favorable terms. Borrowers should discuss the submission clause with the notary during the notarization meeting and understand its implications.

Storage and Loss of Documents

The secure storage of real estate-related documents is an important, often underestimated task for property owners. In the event of loss, not only are there costs for replacement copies, but also delays in transactions, inheritance disputes, or financing. We recommend storing all originals in a fireproof safe or a bank safe deposit box and additionally backing up digital copies.

Practical Tip for Property Owners in Nuremberg

We recommend that buyers and sellers in the Nuremberg metropolitan area carefully store all real estate-related documents: purchase agreement, mortgage deed, declaration of division, authorizations for deletion, and land registry extracts. If a notarized document is lost, a duplicate can be requested from the notary who notarized it-the notary permanently retains the original. In Nuremberg, notarial files are archived at the Nuremberg Local Court after the notary retires. Cost of a copy: approx. 20-50 euros plus shipping.

In cases of inheritance or divorce involving the transfer of real estate, the complete set of documents-purchase agreement, mortgage deed, and most recent land registry extract-is indispensable. We recommend that owners review this set once a year and verify that it is complete.

Frequently Asked Questions

Why must the purchase agreement be notarized?

Notarization pursuant to § 311b BGB serves to protect both parties: The notary explains the risks, reviews the legal situation, ensures that both parties understand the contract’s contents, and guarantees a balanced contract structure. Without notarization, the purchase agreement is void-even if both parties have signed it. Notarization protects against hasty decisions in one of the biggest transactions of your life.

How much does notarization cost?

Notary fees are based on the transaction value (purchase price) and the GNotKG. For a purchase price of 400,000 euros, the notary fees for the purchase agreement amount to approximately 3,000-4,000 euros (including closing activities). The creation of a land charge costs an additional approx. 800-1,200 euros. The fees are set by law and are non-negotiable-all notaries charge the same rates. As a rule, the buyer bears the notary fees.

Can I challenge a notarial deed?

A challenge is only possible under strict conditions: due to mistake (Section 119 BGB), fraud (Section 123 BGB), or unlawful coercion. The challenge must be declared immediately upon becoming aware of the grounds for challenge. In cases of fraud or coercion, the deadline is 1 year. The challenge results in the nullity of the contract-any land registry entries already made must then be reversed. The hurdles are high, as the notarial certification serves precisely to prevent hasty and uninformed decisions.

What types of documents are relevant when establishing a WEG?

When a multi-family house is divided into condominiums, several types of documents are required: The declaration of division pursuant to § 8 WEG must be notarized and defines the distinction between exclusive and common property. These include the division plans (approved by the building authority) and the certificate of self-containment, which certifies that the individual residential units are structurally independent and self-contained. All these documents are relevant for land registry purposes and form the legal foundation of the WEG for decades. Buyers of a condominium should always insist on the complete and current version of the declaration of division, including all addenda-subsequent changes resulting from resolutions of the owners’ association may supplement or amend the original declaration of division.

Digitization and Electronic Documents

German legal practice currently has no fully electronic equivalent to a notarial paper document. Although pilot projects for electronic notarization have been launched, for core real estate legal documents-purchase agreement, land charge creation, and transfer of title-the physical notarial document with signature and seal remains legally required. Digital copies are useful for filing but do not replace the original. Owners who digitize their collection of documents should continue to store the originals in a physically secure manner and regard the digital copies only as working copies.

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