Before the notary appointment you need seven documents: the declaration of division with community rules, owners meeting minutes, the collection of resolutions, the budget, annual statements, asset report and energy certificate. Resolutions as a rule bind you as successor in title without a land register entry; agreements, and resolutions based on them, only if entered (§ 10 (3) WEG).
When you buy a condominium in Germany you never just buy four walls; you also become a member of an owners association (Wohnungseigentümergemeinschaft, WEG) with its own rules, finances and obligations. This checklist shows which documents to request, what you are legally responsible for as a buyer, and where the typical risks lie.
Why checking the WEG is decisive when buying a flat
When buying a condominium you acquire unit ownership (Sondereigentum) of the flat and a co-ownership share in the common property. With it you take on the economic and legal situation of the community you are joining. A technically flawless flat is of little use if the building has a backlog of repairs, the reserve is empty or a special levy has already been resolved.
The second reason is legal: much of what the community agreed or resolved before your purchase will bind you as the new owner. Whoever signs here without checking buys the community’s situation along with the flat, without knowing it. The good news: the relevant documents are clearly defined, and as a prospective buyer you have a legitimate interest in inspecting them before the purchase.
In a new build bought from a developer most of these documents do not exist yet, because the community of owners only comes into being when the land register sheets are opened (§ 9a (1) sentence 2 WEG) and the first meeting with the purchasers is still ahead. What you examine there instead is the declaration of division, the first budget and the term of the manager’s appointment; what belongs on that first agenda, and from when you may vote, is set out in our guide to the first owners meeting in a new build.
The key documents: your inspection checklist
The table below summarises which documents to request before buying, what to look out for and the legal basis behind each.
| Document | What to look for | Legal basis |
|---|---|---|
| Declaration of division + community rules | Boundary between unit and common property, special rights of use (parking space, garden), cost allocation, rules of use | § 10 WEG |
| Minutes of the owners meetings | Resolutions on renovations, special levies, disputes, the mood in the community (last 3-5 years) | § 24 (6) WEG |
| Collection of resolutions | Wording of all valid resolutions, consecutively numbered, with notes on challenges | § 24 (7) and (8) WEG |
| Budget | Current Hausgeld level, plausibility of the figures, contribution to the reserve | § 28 (1) WEG |
| Annual statements | Actual costs, additional contributions, anomalies across the years | § 28 (2) WEG |
| Asset report | Level of the maintenance reserve, material community assets | § 28 (4) WEG |
| Energy certificate | Energy condition, mandatory figures, presentation no later than at the viewing | § 80 GModG |
Declaration of division and community rules
The declaration of division with the community rules is the constitution of the WEG. It determines what belongs to your unit ownership and what is common property, whether a parking space, cellar or garden is assigned as a special right of use, and which key allocates the costs. Read this part especially carefully: a cost allocation that departs from the statutory default, or a restricted right of use, can noticeably affect both the value and the running costs of your flat.
Minutes and collection of resolutions
Minutes must be taken of the resolutions passed at a meeting (§ 24 (6) WEG). The minutes of recent years reveal a great deal about the condition of the building and the climate in the community: upcoming works, postponed repairs, disputes over costs. In addition, the manager keeps a collection of resolutions that documents the wording of all resolutions announced since 1 July 2007, consecutively numbered, noting challenges or annulments (§ 24 (7) and (8) sentence 1 WEG). On request, an owner, or a third party authorised by an owner, must be granted inspection (§ 24 (7) sentence 8 WEG). Arrange this inspection through the seller, because only this way will you see what the community has already decided in binding form.
Budget, annual statements and asset report
The manager draws up a budget each year; the monthly advances, the Hausgeld, derive from it (§ 28 (1) WEG). After the year ends comes the annual statement, on whose balancing amount the owners resolve (§ 28 (2) WEG). Decisive for buyers is the asset report: it contains the level of the maintenance reserve and a list of the material community assets (§ 28 (4) WEG). This lets you see at a glance whether the community has provided for future works.
Energy certificate
On a sale the seller must have an energy certificate issued and present it to you no later than at the viewing (§ 80 GModG). It indicates the energy condition and therefore future heating costs and possible renovation needs. A missing certificate is a warning sign.
The buyer’s legal exposure: what you are bound by
One central point is often underestimated: as the successor in title you step into the existing legal situation of the community. Here an important distinction applies.
Resolutions of the owners association bind you as the buyer without needing to be entered in the land register. A resolution validly passed before your purchase, for example on a renovation or a special levy, binds you too. This is precisely why inspecting the minutes and the collection of resolutions matters so much.
Agreements of the owners and changes to them, by contrast, only bind you as the successor in title if they are recorded as content of the unit ownership in the land register (§ 10 (3) WEG). What applied only as a contractual matter between the previous owners, without being in the land register, does not automatically bind you. When working out what really applies to you, a careful look at the land register and the declaration of division pays off.
Financial checkpoints: Hausgeld, arrears, reserve
Beyond the documents, the figures deserve scrutiny. Pay attention to:
- Hausgeld level and plausibility: does the Hausgeld match the size and fit-out of the building? A conspicuously low Hausgeld may mean too little is flowing into the reserve.
- The seller’s Hausgeld arrears: outstanding amounts should be settled before the purchase, so that you do not buy into a strained liquidity situation of the community.
- Resolved or planned special levies: a special levy already resolved can fall on you as the future owner. Planned but not yet resolved works announce themselves in the minutes.
- Level of the maintenance reserve: building up an appropriate maintenance reserve is part of proper administration (§ 19 (2) no. 4 WEG). Set the reserve against the age and condition of the building.
- Backlog of repairs: do long-deferred repairs suggest that high costs will soon hit the community?
Example: A flat in a building from the 1980s looks cheap and the Hausgeld is low. The asset report shows a maintenance reserve of only EUR 9,000 for twelve flats. The minutes of the last two meetings repeatedly note that the roof needs renovation; a quote of around EUR 140,000 is on the table, but no resolution has been passed yet. For you this means: if the roof renovation is resolved, the reserve falls far short, and a special levy of several thousand euros on your flat is likely. The seemingly cheap purchase becomes considerably more expensive through the foreseeable levy than the price suggests.
From interest to a secure purchase
A careful WEG check is not a formality but the decisive step between buying on a hunch and making an informed decision. Reading the declaration of division, the minutes, the collection of resolutions, the budget, the annual statements and the asset report together lets you spot risks before they turn into costs, and lets you judge the price realistically. If you are buying from abroad, the route from the notary appointment to the entry in the Grundbuch, including the language rules, the Hessian purchase costs and financing, is set out in our guide to buying property in Germany as a foreign buyer. When buying in Frankfurt and the Rhine-Main region, our real estate agency guides you through the document review; conversely, if you are selling a let or owner-occupied flat, our property sales team supports you with prepared WEG documents and sound condominium management. That is how a gut feeling becomes a decision you can rely on.
Sources
- § 10 WEG - general principles (gesetze-im-internet.de)
- § 24 WEG - minutes and collection of resolutions
- § 28 WEG - budget, annual statement, asset report
- § 19 WEG - proper administration (maintenance reserve)
- § 9a WEG - the community comes into being when the land register sheets are opened
- § 8 WEG - division by the owner, position of a buyer once possession has passed
- § 26 WEG - appointment of the manager, maximum term of the first appointment
- § 80 GModG - energy certificate on sale
Editorial responsibility: digo.immo Verwaltung & Invest - certified residential property manager under § 26a WEG (IHK Frankfurt), licence under § 34c GewO. About the certification
This article provides general information only and does not replace individual legal advice. It was created with AI assistance; the legal statements have been checked against the official texts of the law. Legal status: 28/08/2026; laws and case law may change. No warranty is given as to completeness, accuracy or timeliness. When in doubt, please seek qualified advice.