Legal Aspects of Buying Property in Germany
(This text is for general information only and is not legally binding.)
There are no restrictions on foreign ownership in Germany!
Legal Process for Buying Property in Germany
In order to buy or sell property in Germany, a German notary public must be instructed to handle the legal formalities.
Normally, both parties must sign the contract in the presence of the notary. If one party cannot be present, a representative can sign on his or her behalf.
The representative must be authorised either before the transaction by a power of attorney (‘Vollmacht’) or after it by a declaration of consent (‘Genehmigungserklärung’ or ‘Vollmachtsbestätigung’), which the notary public can draw up for you.
Your signature on the power of attorney or declaration of consent can be certified at the Embassy.
If you wish to have these documents notarised at the German Embassy or an Honorary Consul, you should take the following documents:
- your valid passport
- the power of attorney or declaration of consent, drawn up by your notary public in Germany
- a copy of the contract itself
- proof of address (e.g. Council Tax bill, a utility bill or a British (or other) driving licence.
- fee in cash
- We also recommend you send us a copy of the document to be signed prior to your visit by fax. If you note the property’s value on it, the Embassy will calculate the fee and inform you accordingly.