Notary Appointment When Buying a Property: Process and Pitfalls

Article L-0119 · 15.10.2026 · 7 min. read · Joé Christian Ewrard

Why is a notary appointment necessary when purchasing a property?

A contract for the purchase of land or a house must be notarised. Only the notarised deed provides the necessary legal basis. This follows from [Section 311b of the German Civil Code (BGB)](https://www.gesetze-im-internet.de/bgb/__311b.html).

The notary does not represent the interests of either the buyer or the seller. The notary assists both parties independently and impartially. Their role is to clarify the parties’ intentions, explain the legal implications and formulate the agreements unambiguously. Anyone requiring a one-sided review solely from their own perspective should additionally instruct a specialist lawyer.

Notarisation is more than a ceremonial signature. Once the purchase contract has been signed, binding obligations arise. The buyer must pay once the agreed conditions have been met. The seller must facilitate the transfer of ownership and hand over the property as agreed.

As a rule, there is no general right of withdrawal after notarisation. Therefore, neither an unresolved element of the financing nor an unsettled family dispute should be brought to the notary’s table. Particularly in the case of communities of heirs, it often becomes apparent in practice only when the draft contract is prepared that the handover date, inventory or distribution of the proceeds has not yet been conclusively agreed.

What does the notary check before notarisation?

The notary inspects the Land Register. They check who is registered as the owner and which rights encumber the property. These may include land charges, mortgages, rights of way, rights of residence, usufruct rights or rights of first refusal. The contract must specify which rights are to be deleted, assumed or newly created.

The notary also checks the legal requirements for completion. These include the identity of the parties, powers of attorney and any necessary consents. In the case of a company, a community of heirs, parties who are minors or a sale by an authorised representative, additional clarification may be required.

The notary drafts the purchase contract so that neither party is required to make an unsecured advance performance. As a rule, the buyer should only pay the purchase price once their claim to the transfer of ownership is adequately secured. This usually requires the priority notice of conveyance to be entered in the Land Register, the necessary approvals to be in place and the documents for deleting any encumbrances not being assumed to be secured. A statutory right of first refusal held by the municipality may also be relevant. The [German Federal Chamber of Notaries explains these conditions for the purchase price to become due](https://www.notar.de/themen/immobilien/kaufpreisfaelligkeit).

The notary also checks whether the agreements are legally comprehensible and capable of being implemented. However, they can only clarify the facts disclosed by the parties or evident from the documents included in the transaction. The notary can neither review nor draft an oral side agreement with legal certainty if it is not disclosed to them.

What does the notary expressly not check?

The notary does not inspect the house. The notary does not examine the roof or heating system, moisture, utility lines, hazardous substances or energy efficiency. Nor are the living area, property boundaries and actual usability of individual rooms automatically checked. Depending on the matter in question, the appropriate contacts are a building surveyor, land surveyor, energy consultant or the competent authority.

The notary also does not assess whether the purchase price reflects the market value. A legally sound contract may nevertheless be financially disadvantageous. The notary does not determine the market value, compare offers or predict how the property market will develop.

Nor does the notary check whether the buyer can afford the property over the long term. The notary does not review the buyer's personal household budget, the loan terms or the risk associated with refinancing. The notary can legally structure and notarise a land charge. The buyer and the financing bank must clarify in advance whether the loan is financially suitable and will be disbursed on time.

Public-law encumbrances, contaminated sites, infrastructure charges, public-law permits and planned developments in the surrounding area cannot be determined in full from the land register. Nor does an existing use automatically mean that it has been approved under building law. Buyers should therefore arrange for the relevant registers, building files and information from the municipality or district authority to be checked.

Finally, the notary does not provide comprehensive tax advice. The notary fulfils statutory reporting obligations and can identify points of tax relevance. However, the personal implications of letting a property, selling it within certain tax periods, making a gift or settling an estate are matters for a tax adviser. A lawyer should be consulted in the event of disputed legal issues.

How do buyers and sellers prepare the draft contract?

Before preparing the draft, the notary's office requires clear information about the parties, the property, the purchase price, the financing and the desired transfer of possession. Agreements concerning inventory included in the sale, existing tenancies, known defects and work still to be carried out are equally important.

The draft should be reviewed sentence by sentence. Are the names, land register details and bank details correct? Is it clearly stipulated when the keys, possession, benefits, burdens and duties to ensure safety are transferred? Are the fitted kitchen, photovoltaic system, heating fuel or other movable items included? What happens if the house has not been vacated on the handover date?

For a consumer contract that is subject to mandatory notarisation for property transactions, the intended contract text should generally be made available to the consumer two weeks before notarisation. This time is intended for reviewing the contract and is not merely a waiting period. The statutory basis can be found in [Section 17 BeurkG](https://www.gesetze-im-internet.de/beurkg/__17.html).

Any unclear passages should be sent to the notary's office before the appointment. Amendments are possible. The draft is not an unalterable form. Sellers should openly disclose any known material defects. Buyers should have any specific assurances on which they base their decision included in the contract.

What happens during the notary appointment?

The parties should bring valid identification documents to the appointment. If someone is being represented, it must be clarified in good time whether a power of attorney is sufficient or subsequent approval is required. Financing documents for a land charge should be provided to the notary's office at an early stage.

The notary reads the deed aloud in full. In doing so, the notary explains the legal provisions and answers questions from both parties. Any discrepancies can still be corrected. No one is required to sign while a material point remains unclear.

Typical questions concern when the purchase price becomes due, the cancellation of old land charges, the transfer of possession, or how known damage is handled. Another important practical question is: What happens if one party fails to fulfil its obligation? Payment deadlines, obligations to vacate, and any submissions to immediate enforcement must be understood before the contract is signed.

Once everything has been clarified, the parties and the notary sign the contract. The contract is then generally binding. The fact that the buyer is not yet registered in the land register does not mean that they are free to change their mind.

What happens after notarisation?

Following the appointment, the implementation process begins. In particular, the notary arranges for the priority notice of conveyance to be entered in the land register and obtains the documents required to release the property from encumbrances. The notary requests any necessary approvals or declarations and handles the land register applications provided for in the contract.

The notary’s office issues the notice that the purchase price is due only once the agreed conditions have been met. The buyer should not pay solely on the basis of an invoice from the seller or a date communicated verbally. The contract and the notarial notice that the purchase price is due are authoritative.

Once the purchase price has been paid in full and the other conditions have been met, the transfer of ownership is submitted for registration. The handover of the keys and possession, by contrast, is governed by the contract. The transfer of ownership and the physical handover therefore often do not take place on the same day.

A handover report is recommended. It records the keys, meter readings, documents handed over, and any apparent discrepancies. The notary does not normally arrange this practical appointment.

What costs are incurred and who pays them?

Notary and land register fees are not freely negotiated. They are governed by the German Court and Notary Costs Act, particularly according to the transaction value and the work required. The statutory fees apply regardless of which notary’s office is chosen. The legal basis is the [German Court and Notary Costs Act](https://www.gesetze-im-internet.de/gnotkg/).

The purchase agreement specifies which party bears which costs in relation to the other party. The buyer usually bears the costs of notarisation and acquiring ownership. The seller is often responsible for the costs of cancelling encumbrances that are not being assumed by the buyer. The exact invoice depends on the contract, the land register transactions, and any financing involved.

Even a draft that has not been notarised may incur costs if the notary’s office has already been instructed. Before issuing instructions, it should therefore be established who is requesting the draft and who will bear the costs if the sale does not proceed.

Property transfer tax, financing costs, and any estate agent’s commission are not notary fees. To obtain a reliable calculation, buyers should clarify all ancillary acquisition costs with their financing partner, the notary’s office, and, if applicable, a tax adviser before signing.

What regional pitfalls are there in Eifel and Trier?

Older residential properties, former agricultural buildings, and properties with historically established access routes are a typical feature of the market in the Eifelkreis Bitburg-Prüm, Trier-Saarburg, and the Vulkaneifel. In such cases, it should be checked whether extensions and changes of use have been approved, whether the boundaries correspond to the actual use, and whether access rights or rights relating to utility lines are legally secured.

A visible driveway across the neighbouring property is no substitute for a registered right of way. A room that has been used for years is not approved as living space for that reason alone. Private utility lines, small wastewater treatment systems, flood risks, or previous commercial uses may also require additional checks. The notary cannot identify such factual circumstances through personal inspection.

Near the border with Luxembourg, cross-border issues also arise. Buyers may work in Luxembourg, obtain financing through a foreign bank or be in a marriage with an international dimension. In that case, land charge documents, matters of representation and potential implications of foreign law should be clarified at an early stage. The notary will point out a potential international dimension but is not obliged to provide comprehensive advice on the content of a foreign legal system. This may require specialised legal or tax advice.

Take the draft contract and mark everything that is still unclear regarding the purchase price, financing, encumbrances, known defects, handover and inventory. Clarify legal questions with the notary’s office, the condition of the building with a surveyor and tax implications with a tax adviser. A regionally experienced estate agency such as PRIOCASA can compile the documents and outstanding practical matters for the sale in Bitburg, the Eifel, Trier and the border region with Luxembourg at an early stage, without replacing independent advice from a notary, lawyer or tax adviser.

Frequently Asked Questions

Does the notary check whether the house has construction defects?

No. The notary checks the legal structure and secure completion of the transaction, but not the structural condition. If there are any doubts, the property should be inspected by an independent surveyor before notarisation.

Can I withdraw from the property purchase after the notary appointment?

As a rule, there is no general right of cancellation or withdrawal. Withdrawal is only possible if the contract provides for it or specific statutory requirements are met. Have the individual case reviewed by the notary or a lawyer.

Do I have to pay the purchase price immediately after signing?

As a rule, no. Payment is only made once the contractual conditions for payment have been met and the notary’s notice confirming that payment is due has been issued. You should also check the payment deadline specified in the contract.

Does the notary check public-law building encumbrances and building permits?

Not automatically and not to the same extent as the land register. Buyers should arrange for the register of public-law building encumbrances, building file, development status and approved use to be checked with the relevant authorities. Any irregularities should be addressed before notarisation.

Who chooses the notary for a property purchase?

The buyer and seller must agree on a notary’s office. The buyer often suggests one because they usually bear a substantial proportion of the acquisition costs. Regardless of who selects the notary, the notary remains independent and impartial towards both parties.

Topics: notary appointment for a property purchase, notary for a property purchase, property purchase agreement, notary fees, land register, priority notice of conveyance, property purchase in the Eifel, house purchase in Trier

Responsible for this article: Joé Christian Ewrard — Owner & IHK-certified estate agent, PRIOCASA Immobilien & Finanzservice. Last updated: 15.10.2026. The draft was created with the assistance of artificial intelligence and was reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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