Arenja & Raj FinanzWhat a notary is, and is not
A German notary (Notar) is a legally qualified public official, not a solicitor acting for one side. They are neutral: their duty is to the transaction and to making sure both parties understand what they are signing.
That neutrality is why you do not usually need your own lawyer, and also why the notary will not negotiate for you. If you want the contract changed in your favour, you have to say so before the appointment — the notary will draft what the parties agree, not advise you on whether the deal is good.
The 14-day rule
You must receive the draft contract at least 14 days before the appointment. This is a statutory cooling-off period for consumers, intended to give you time to read it and take advice.
Use it properly. Read the whole draft, including the schedules. Check the property description against the land register extract, look at what is being sold with the flat, and identify any easements or rights of way. Questions raised at this stage are cheap; questions raised at the appointment delay everything.
What is in the contract
| Section | What to check |
|---|---|
| Parties and property | names spelled correctly, land register details match |
| Price and payment date | when payment falls due, and on what conditions |
| Moveable items | a fitted kitchen listed separately reduces transfer tax |
| Handover date | when you actually get the keys |
| Condition and warranty | second-hand property is normally sold as seen |
| Encumbrances | rights of way, usufruct, existing charges to be cleared |
| Priority notice | reserves the property for you in the land register |
The warranty point surprises people. Existing property in Germany is generally sold excluding liability for defects, so what you did not inspect is your problem. New builds from a developer are different and carry statutory warranty periods.
The appointment itself
Expect forty-five minutes to an hour and a half. The notary reads the contract aloud in full — this is a legal requirement, not a formality that can be waived — pausing for questions. Both parties then sign, and the notary signs and seals.
If your German is not strong you have two options, and you need to arrange them in advance: bring a sworn interpreter, or find a notary who will conduct the reading in English. Some do; many do not. Turning up on the day and hoping to follow along is not a plan, and the notary may refuse to proceed if they doubt you understand.
What it costs
Notary fees are set by statute, so there is no shopping around on price. Together with the land registry entry, budget roughly 2 % of the purchase price. The registration of your lender's charge over the property is billed separately and adds a few hundred to around a thousand euros on a typical loan.
The buyer normally pays. The invoice arrives shortly after the appointment, independently of when the purchase price itself is paid.
Between signing and the keys
Signing does not transfer ownership. The notary registers a priority notice reserving the property for you, arranges for the seller's existing mortgages to be cleared, and obtains the tax office's clearance certificate once the transfer tax is paid.
Only when those conditions are met does the notary issue the payment instruction. Your bank pays, and the keys follow — usually with a written handover protocol recording meter readings and condition. Final registration of your ownership in the land register comes later and can take weeks to several months.
From the moment you sign, the contract binds. Withdrawing means the notary's fees and potentially damages to the seller, which is why the financing must be settled before the appointment rather than during the two weeks after it.
What to do in the fourteen days
Who is in the room, and what to bring
The notary, you, the seller, and often the estate agent. Both sides may bring an interpreter or an adviser. You need valid photo identification and your tax identification number; the notary reports the sale to the tax office, which is what triggers the transfer tax assessment.
If you cannot attend, you can be represented by someone holding a notarised power of attorney, or the contract can be signed subject to your later approval. Both are routine, and both need arranging in advance rather than the evening before.
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Do I need a notary to buy property in Germany?
Yes, without exception. A property sale is legally void unless a notary authenticates it, reads the contract aloud and both parties sign in their presence. There is no private-contract route.
Can the notary act for me?
No. The notary is neutral and acts for the transaction, ensuring the contract is legally sound and both sides understand it. They will not negotiate terms for you or advise whether the price is fair — that is a separate conversation to have before the draft is finalised.
Can the contract be read in English?
Some notaries will, and some will not. Where they will not, you need a sworn interpreter present. This has to be arranged before the appointment; a notary who doubts that a party understands the contract may decline to proceed.
How much does the notary cost?
Fees are set by law and not negotiable. Together with the land registry entry, budget about 2 % of the purchase price, plus a separate charge of a few hundred to around a thousand euros for registering your lender's security.
What happens if I change my mind after signing?
The contract is binding from signature. Withdrawing means paying the notary's costs and potentially damages to the seller. This is why financing should be fully approved, not merely likely, before the appointment is booked.