What documents are needed to sell an apartment in Germany?

What documents are needed to sell an apartment in Germany? Who pays for the transaction of selling real estate in Germany? What expenses does the seller incur when selling an apartment in Germany?

To sell an apartment in Germany, a certain set of documents must be prepared to ensure that the transaction is legal and successfully completed. Here are the main documents needed by the seller:

  1. Land Registry Extract (Grundbuchauszug) This is the primary document confirming ownership of the property. The land registry extract must be current and reflect the current state of the property, including any encumbrances such as mortgages or easements.
  2. Sales Contract (Kaufvertrag) This document is prepared by the notary based on the terms agreed upon between the seller and the buyer. The contract outlines all key aspects of the transaction, including price, deadlines, and the obligations of both parties. The contract must be signed in the presence of a notary.
  3. Energy Certificate (Energieausweis) In Germany, the seller is required to provide the buyer with an energy certificate for the building, indicating the energy efficiency level of the property. This document is mandatory for all properties except for listed buildings.
  4. Renovation or Repair Documents (if applicable) If significant renovation or repair work has been done in the apartment, the seller must provide all documents confirming the legality and quality of these works (e.g., renovation permits, completion certificates).
  5. Technical Documentation of the Property (Baupläne and Bauzeichnungen) Technical plans and drawings of the apartment or building may also be required, especially if the property was recently built or renovated.
  6. Utility Cost Data (Nebenkostenabrechnung) The seller must provide information about the monthly or annual costs for maintaining the apartment, including utility bills, expenses for maintaining common property, insurance, etc.
  7. Debt-Free Certificate (Schuldenfreiheitsbescheinigung) This document confirms that there are no unpaid debts on the property to utility companies or other creditors at the time of sale.
  8. Encumbrance Certificate (if applicable) If there are encumbrances on the apartment such as mortgages, easements, or other restrictions, the seller must provide the relevant documents confirming these encumbrances.
  9. Documents for Shared Ownership (if applicable) If the apartment is in a building with shared ownership (e.g., stairwells or other common areas of the building), documents confirming participation in these shares must be provided (e.g., minutes from owners' meetings, plans for common property).
  10. Sales Permission (if there are co-owners) If the property belongs to multiple owners, the consent of all co-owners is required for the sale. This can be formalized in a separate document or included in the general sales contract.

Conclusion All these documents must be provided to the buyer and the notary who will accompany the transaction. The notary also checks the legality of all provided documents and registers the transfer of ownership in the land registry.

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