Buying a house in Germany involves more than agreeing a price. You need to know what the property includes, whether you can finance it, what condition it is in, and exactly when you must pay and can move in. The purchase requires a notary. An independent lawyer can also review the contract for your interests before you sign.
This guide focuses on buying an existing residential house in Germany. Flats, leasehold land (Erbbaurecht), rented homes and developer purchases involve additional documents and risks. A legal review and a building survey answer different questions; plan for both where appropriate.
1. Budget and financing
Calculate the full purchase cost: price, property-transfer tax (Grunderwerbsteuer), notary and land-registry fees, any broker fee, financing costs and immediate repairs. Tax rates vary by federal state and fees depend on the transaction. Request estimates and keep a reserve for maintenance rather than using every available euro as the deposit.
Obtain a reliable financing commitment and understand its conditions before signing the purchase deed. A lender's preliminary estimate is not the same as a binding loan agreement. Coordinate the loan, mortgage security (Grundschuld) and expected payment date with the bank and notary. Unless a suitable contractual protection is agreed, a later loan refusal does not automatically release you from the purchase.
Check affordability after the fixed-interest period, any final balance and early repayment terms. A financing adviser can assess the loan; a lawyer can explain how the purchase obligations interact with it.
2. Check the property and documents
View the house carefully and consider an independent building expert before making a binding commitment. Ask about moisture, roof condition, heating, insulation, structural changes and known damage. Request the energy certificate and relevant repair or renovation records. A survey can help estimate work; it cannot guarantee that every concealed defect will be discovered.
Where energy-certificate duties apply, the seller or broker must make the certificate available by the viewing and hand it over promptly after the contract is concluded. There are exceptions, including certain small buildings and listed monuments. For a residential building with no more than two homes, the buyer must have an informational consultation about the certificate if it is offered separately free of charge (§ 80 and § 79(4) of the building-energy legislation).
- Land register (Grundbuch). Establish the registered owner, plots being sold, mortgages, rights of way and other registered rights. Clarify which burdens will be removed and which you will take over.
- Plans and permissions. Compare the actual house and its intended use with available building permits and plans. A converted attic or extension is not necessarily authorised because it already exists.
- Public restrictions and costs. Ask the relevant authorities about building burdens where recorded separately (Baulasten), planning, heritage restrictions, contamination and outstanding development contributions. The land register alone does not reveal every restriction.
- Occupation. Establish who lives there, under what arrangements, and whether vacant possession is promised. Obtain any tenancy agreements.
- Flats or shared ownership. Also review the declaration of division, community rules, owners' meeting minutes, accounts, reserves and planned special assessments. Shared repairs can create large costs after purchase.
3. The notary and the purchase process
A contract committing someone to transfer or acquire land must be notarised under § 311b BGB. The notary prepares the deed, explains its legal effect and coordinates completion. Ask questions about anything unclear and arrange language support in advance if needed. A lawyer's review does not replace notarisation.
Where the transaction is between a consumer and a business, the intended deed should normally be provided through the notary two weeks before notarisation (§ 17(2a) BeurkG). This is preparation time before signing, not a general right to cancel afterwards. Do not assume the same statutory two-week rule applies to every private-to-private sale. In any sale, ask for the draft and attachments early enough to review them.
- Review and agree the draft. Settle financing, property checks, included items and changes before the appointment. Important promises belong in the notarised agreement rather than informal side arrangements.
- Sign at the notary. Understand payment obligations and the consequences of delay before committing.
- Completion safeguards. Typically the notary arranges a priority notice (Auflassungsvormerkung), necessary approvals and documents securing release of the seller's financial encumbrances.
- Pay when due. Follow the deed and the notary's due-date notice (Fälligkeitsmitteilung). Check any additional conditions the parties must verify themselves. Signing alone does not mean the price should immediately be transferred.
- Handover and title. Keys and possession usually pass as agreed after payment. Legal ownership follows the required transfer and land-register entry (§ 873 BGB and § 925 BGB); receiving keys alone does not make you the registered owner.
Pay through a permitted method, normally a bank transfer, and retain payment evidence for the notary. Under § 16a GwG, cash, cryptoassets, gold, platinum and precious stones cannot discharge the purchase-price obligation for a German property. Payment-evidence duties have specific exceptions; ask the notary what evidence is needed for your transaction.
The Rheinische Notarkammer's explanation of property transactions describes the usual safeguards and completion sequence. The actual deed determines the obligations and timing in your purchase.
4. Is a lawyer's contract review worth it?
It can be, particularly when a single unclear clause could expose you to substantial cost. The notary is independent and impartial and advises the parties on the legal transaction. A lawyer you instruct acts for your interests and can suggest changes or negotiate with the seller. Those roles are different (§ 14 BNotO).
For a straightforward purchase, the notary's explanations may resolve your questions. Independent review becomes more useful with broad defect exclusions, unclear vacant possession, unusual payment obligations, unresolved title issues, a developer sale, leasehold land or documents you cannot confidently understand. Ask for a written scope and fee quote. Compare that fee with the potential exposure, rather than assuming a review always pays for itself.
Example: the seller says they will move out, but the deed provides payment before an uncertain departure date. A lawyer can identify the mismatch and propose clearer handover obligations or payment protections for discussion with the seller and notary. The other side must agree to changes; review cannot guarantee acceptance or eliminate all risk.
Commission the review before signing, with enough time to amend the draft. Afterwards, changing the deal usually requires cooperation or a specific legal basis. A lawyer does not establish the building's physical condition, certify market value or guarantee loan approval; an expert, valuer or lender handles those questions.
5. Terms to review before signing
- What you acquire. Correct plots, buildings, shares, access rights, parking and included fixtures or equipment.
- Title and burdens. Which rights remain, how old mortgages will be released, and whether the seller can convey the promised title.
- Price and payment. Due-date conditions, recipients, financing security, default interest and any submission to immediate enforcement.
- Condition and defects. Liability exclusions, specific disclosures, promised repairs and statements you need recorded as binding commitments.
- Possession and costs. Vacant handover, keys, risk, insurance, running costs, taxes and responsibility for outstanding contributions.
- Failure or delay. What happens if an approval is refused, the seller does not leave or completion is delayed; any agreed withdrawal rights.
- Developer purchases. Building specification, instalment safeguards, completion dates, acceptance, defect remedies and insolvency exposure require separate specialist review.
6. Problems that can appear
A defect found after moving in. Existing houses are often sold with broad defect-liability exclusions. The statutory starting point for building defects is generally five years from handover under § 438 BGB, but an effective exclusion may mean no claim exists. This is a limitation period for applicable defect claims, not a five-year guarantee. Different rules can apply to title defects and fraudulent concealment. Fraudulent concealment and a guaranteed condition can prevent reliance on an exclusion (§ 444 BGB). Photograph the issue, preserve the deed and disclosures, and obtain expert and legal advice before major non-urgent remedial work. Record urgent work needed to prevent damage.
The seller or tenant remains. A purchase does not automatically end a tenancy; the basic rule is “purchase does not break the lease” (§ 566 BGB). A hoped-for move-in date is not a substitute for reviewing possession terms and tenancy restrictions. Get advice promptly if the agreed handover fails; do not assume you can change locks or remove occupants yourself.
The bank will not release the money. You may still owe the price. Contact the lender, notary and your lawyer immediately to establish missing conditions, deadlines and possible options. Do not assume you can simply cancel the deed.
An unauthorised conversion or unexpected bill. A seller's reassurance does not resolve planning permission, a right of way or responsibility for a public contribution. Obtain the underlying records and have the deed's allocation of costs checked.
Changed bank details. Verify an unexpected payment instruction with the notary through a previously established contact method before transferring a large sum. If money has gone to a suspected fraudster, contact the bank and police immediately.
7. Prepare for review and handover
Send the lawyer the complete draft and attachments, current land-register extract, advert, seller's disclosures, survey, financing timetable and any tenancy or shared-ownership documents. State your intended use, concerns and notary appointment date. Ask whether the fee covers a written explanation, proposed amendments, negotiation and a check of the final version. Agree any further work separately.
At handover, record keys, meter readings, documents, included items, visible defects and outstanding work in a signed protocol. Confirm insurance and utility arrangements for the dates fixed in the deed. Keep payment evidence and completion correspondence.
To request an English-speaking lawyer, use the request form and describe the property purchase and review deadline. Availability is not guaranteed. Ask the lawyer about the fee for contract review; the free first consultation does not mean the review itself is free. For notarisation, contact a notary directly through the Federal Chamber of Notaries' search.
Sources checked on 5 October 2026. The linked statutes and notarial guidance support this general guide.