Selling a property: the process from notary to land register

Once the price is agreed, entry in the land register typically takes two to four months. Notarisation comes first; the notary then has the priority notice registered and collects the bank releases, the right-of-first-refusal certificate and, where needed, the manager’s consent. Only then is the price due. Handover follows payment. Ownership passes only on registration (§ 873 (1) BGB).

The agreement itself binds nobody. A purchase contract for land or a condominium requires notarisation (§ 311b (1) BGB); until the notary appointment either side can walk away, even after a signed reservation. This article shows what happens next, who does what, and where things usually get stuck.

The purchase contract: draft and review period

The notary is instructed jointly by both sides. In practice the buyer usually proposes one, because they bear the notary’s fees. Important to know: the notary represents neither side. They notarise neutrally and advise both parties on the consequences.

The draft goes to buyer and seller. If one party is a consumer, the text should as a rule be available two weeks before notarisation (§ 17 (2a) BeurkG); if that period is shortened, the notary must record the reason in the deed. Use this time. As a seller, look closely at the payment period, the handover date, the exclusion of liability for defects and any fixtures included in the sale. For let properties, the correct transfer of the tenancies and deposits is added to that list.

The appointment: notarisation and Auflassung

At the appointment the notary reads out the entire contract; this is mandatory and takes a good hour depending on length. Both sides then sign. Anyone unable to attend can be represented under a notarised power of attorney.

The Auflassung is usually declared at the same appointment, the agreement on the transfer of ownership. It must be declared before the notary with both parties present at the same time (§ 925 BGB) but does not yet transfer ownership: the notary holds back the application for registration until the price has been paid in full. That is what protects you as the seller.

What runs behind the scenes

This phase takes the longest. For sellers it is the most thankless, because little of it is visible. The notary establishes the conditions for payment:

• Priority notice (Auflassungsvormerkung): registered in the land register for the buyer, securing their claim. Later dispositions are ineffective towards them insofar as they would defeat that claim (§ 883 BGB).
• Release from encumbrances: your financing bank must supply the release document for the registered land charges. Approach your bank early. This is where most delays arise, and where it becomes clear whether an early repayment penalty applies.
• Municipal right of first refusal: the municipality may hold such a right; on request it issues a certificate that the right does not exist or will not be exercised. The land registry only registers the buyer once this proof is available (§ 28 BauGB). The municipality has three months from notification of the contract to exercise the right; in practice the certificate usually arrives much sooner.
• Manager’s consent: for condominiums, the declaration of division may require the manager’s consent to a sale (§ 12 (1) WEG). It may only be refused for good cause (§ 12 (2) WEG). Informing your manager early saves weeks here.

Due date, payment and handover

Once everything is in place, the notary sends the due-date notice. Only from that point must the buyer pay, usually within ten to fourteen days and directly into your account; a notary escrow account is the exception today and costs extra.

Handover takes place after the price has been received in full. With it, benefits, charges and the risk of accidental loss pass to the buyer (§ 446 BGB). From that day they pay the service charges, insurance and running costs. Record the condition, meter readings and number of keys in a protocol, just as at a tenant changeover.

Land transfer tax and registration

The notary notifies the tax office of the contract. The buyer receives the assessment for land transfer tax, in Hesse 6 percent of the purchase price, and pays it. The tax office then issues the clearance certificate; without it, the buyer may not be registered in the land register (§ 22 GrEStG).

Once the certificate, proof of payment and all documents are available, the notary applies for the registration of ownership. On registration the buyer becomes the owner and the priority notice is deleted. For you as the seller, however, the transaction is economically complete once payment and handover have happened.

What sellers can speed up

The pace is decided above all by the documents: land register extract, declaration of division, energy certificate and, for let property, the tenancy agreements should be ready early and in full. Inform your bank in good time so the release document does not become the bottleneck. And for condominiums, involve the manager early if consent is required. Which documents belong together before marketing even starts is covered in our checklist on selling and letting.

Selling in the Rhine-Main region

Between notarisation and registration there are many threads someone has to hold, from the appointment with the bank to the manager’s consent. We guide owners in Frankfurt and the region through this process, from the sale via the handover to the final statement. From our management practice we know where the weeks are lost. It is almost always these three.

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: 14/09/2026; laws and case law may change. No warranty is given as to completeness, accuracy or timeliness. When in doubt, please seek qualified advice.