The Notary Appointment When Buying a Flat: Process and Preparation
Kevin Celentano · 2026-10-14
The appointment is booked. In two weeks, you will be sitting in the notary’s office, opposite the seller or a representative of the developer. The draft has arrived in your inbox as a PDF. Thirty pages of legal German, plus a declaration of division.
Many buyers do not read the draft until the evening before. By then, it is too late for most questions. Once you sign before the notary, the purchase is binding. Any subsequent changes require the other party’s consent.
This guide explains what to clarify in the two weeks beforehand, what to bring, how the appointment works and what it costs.
01Before the Appointment: Two Weeks with the Draft
A property purchase contract is only valid if it is notarised (§ 311b Abs. 1 BGB). To prevent you, as a consumer, from being caught off guard, the German Notarisation Act prescribes a preparation period.
„Once the draft arrives, I have 14 days, is that right?“
A client asked this during a consultation. Normally, yes. The notary handling the notarisation, or a partner in their practice, should provide you with the proposed text two weeks before notarisation (§ 17 Abs. 2a Satz 2 Nr. 2 BeurkG). If this period is shortened, the notary must record the reasons in the deed.
An important point: the period only starts when the draft comes from the notary. Contract wording sent to you by an estate agent or developer does not count. If in doubt, ask the notary’s office when the draft was sent.
Use the two weeks for three things.
- 01Read the draft and collect your questions
Check the purchase price, handover date and provisions covering the tenancy agreement, tenancy deposit, service charges payable by the owner (Hausgeld) and special levies. Email the notary’s office in advance about anything you do not understand. The notary is neutral and must explain the contract to both parties.
- 02Secure your financing
Do not sign until the bank has made a binding loan commitment. Once the contract is notarised, you owe the purchase price, even if the bank subsequently pulls out.
- 03Clarify the ownership arrangement
Who should be entered in the land register: one of you or both, and in what shares? Changing this after the appointment requires a new contract and incurs further costs.
„Is it better to buy in both our names or just mine?“
This is a question married couples regularly ask during consultations. It depends on financing, inheritance and tax. Clarify this with your bank and tax adviser before the appointment. The contract might then state, for example, “one half each”.
The guide Checking the Purchase Contract for a Flat explains how to review the individual clauses of a purchase contract. For a new-build, also consult the guide Checking a Developer Contract.
02What to Bring to the Notary Appointment
The notary’s office will already have most of your details from the information form you completed beforehand. Nevertheless, you should bring:
| Document | Purpose | Who needs it |
|---|---|---|
| Valid identity card or passport (original) | The notary must establish your identity | All buyers |
| Tax identification number | Mandatory information in the notification to the tax office for property transfer tax (§ 20 Abs. 1 Nr. 1 GrEStG) | All buyers |
| The bank’s form for creating the land charge | The bank needs the land charge as security; it is often notarised immediately after the purchase contract | Buyers using financing |
| Certified power of attorney | If someone is being represented | Where a representative is acting |
| Your list of questions about the draft | To make sure nothing is forgotten during the appointment | Everyone |
If you are buying a tenanted flat, you should also have reviewed the following beforehand: the current tenancy agreement, evidence of the tenancy deposit, the owners’ association’s latest annual statement of accounts and financial plan, and the minutes of recent owners’ meetings. You do not need to bring these documents. But their contents must be consistent with the contract.
03How the Notary Appointment Works
The procedure is much the same at almost every notary’s office. Allow one to two hours if the purchase contract and land charge are being notarised at the same appointment.
- 01Identity and details
The notary checks identification documents and verifies names, addresses and tax identification numbers.
- 02Reading aloud
The notary reads the entire contract aloud (§ 13 Abs. 1 BeurkG). A summary is not sufficient. This takes time, but it is your opportunity to ask questions at any point.
- 03Explanation and amendments
The notary explains any unclear points. If both parties agree to an amendment, the notary writes it directly into the deed.
- 04Signing
The buyer, seller and notary sign. The contract is now binding.
- 05Land charge
If you are using financing, the notary will usually notarise the land charge for your bank immediately afterwards. In the purchase contract, the seller agrees that the land charge may be registered before ownership is transferred in the land register.
- 06Instructions to the notary
Through the contract, you instruct the notary to apply for the priority notice, obtain the necessary approvals and notify you when the purchase price is due.
„If we draw up a purchase contract, exactly how binding is it at that stage?“
A client asked this during a consultation. The draft is not binding, and you can still cancel before the appointment. Once you sign before the notary, the contract is binding. After that, you can only pull out if the contract or the law provides a right of withdrawal.
Even cancelling before the appointment is not always free of charge. If the notary has already prepared a draft on your instructions, they can charge a fee for it. Who pays is often specified in the reservation agreement or the instructions to the notary. Read more in the guide Notary Fees When Buying Property.
04Attend in Person or Use a Power of Attorney?
„Do I have to attend the notary’s office in person, or can I use a power of attorney?“
We often hear this question, particularly from buyers who live far away. Both are possible. However, the notary should seek to ensure that consumers make their declarations in person or through someone they trust (§ 17 Abs. 2a Satz 2 Nr. 1 BeurkG).
If you do not attend yourself, there are two options.
Power of attorney in advance. You grant a power of attorney to someone you trust, such as your spouse. For land registry purposes, your signature on it must be certified by a notary (§ 29 GBO). Any notary near you can do this.
Subsequent approval. A representative makes the declarations on your behalf at the appointment, and you approve the contract later. Your approval must also be certified by a notary. Until then, the contract is provisionally ineffective pending approval.
In either case, you should have read the contract yourself. The preparation period applies to you, not just your representative.
05What the Notary Appointment Costs
Notary and land registry fees are set by law under the German Court and Notary Costs Act (GNotKG). They are not negotiable. They depend on the purchase price and the amount of the land charge.
Take the Brandt family. They are buying a tenanted flat for €200,000 and financing €160,000 through a bank. The name is fictional, the calculation follows the statutory rules, and disbursements are estimated.
| Fee multiplier | Amount | |
|---|---|---|
| Notarisation of purchase contract | 2.0 | €870.00 |
| Implementation and supervision | 0.5 each | €435.00 |
| Creation of land charge | 1.0 | €381.00 |
| XML data and disbursements (estimate) | €203.70 | |
| VAT at 19% | €359.04 | |
| Total notary costs | €2,248.74 | |
| Land register: priority notice, transfer of ownership, land charge, deletion of priority notice | 0.5 / 1.0 / 1.0 / fixed | €1,058.50 |
| Combined notary and land registry costs | €3,307.24 |
Around €3,300 is approximately 1.65% of the purchase price. The larger expense is usually property transfer tax, at 3.5 to 6.5% depending on the federal state. The purchase costs calculator shows all the items for your circumstances.
What Will Your Purchase Cost on Top of the Purchase Price? Enter the purchase price, federal state and land charge.
06What Happens After the Notary Appointment
Signing does not yet make the flat yours. You only become the owner when you are entered in the land register. Until then, the notary works through a set sequence of steps.
| Step | What happens | Your task |
|---|---|---|
| Priority notice | The notary applies for a priority notice of conveyance, which secures your claim to the flat in the land register | None |
| Approvals | Consent from the property manager, the municipality’s waiver of a right of pre-emption, discharge documents from the seller’s bank | None |
| Notice that payment is due | The notary confirms that all conditions have been met | Pay the purchase price by the deadline, not before |
| Property transfer tax | The tax office sends the assessment | Pay it so that the tax clearance certificate can be issued |
| Transfer of ownership in the land register | After payment, the notary applies to have you registered as the owner | Check the notification of registration |
The guide Land Registry Registration: Process and Timescales explains how long these steps take and when you become entitled to the rent.
07Checklist: Questions to Ask the Notary
- On what date do possession, benefits and burdens transfer, and from when am I entitled to the rent?
- Who pays special levies that have already been approved but have not yet been called for payment?
- Will the tenancy deposit be transferred to me, and is this covered in the contract?
- What happens if the seller has outstanding Hausgeld payments?
- What encumbrances are recorded in Section II of the land register, and will they remain in place?
- By when must I pay the purchase price, and what happens if I default?
08Risks and Limitations
- Signing without a financing commitment. The purchase price becomes due whether or not the bank pays. If you do not have the funds, you risk default interest and claims for damages.
- Not reading the documents. The notary checks the legal form, not whether the rent, Hausgeld and condition of the flat fit your calculations. That remains your responsibility.
- Reservation before the appointment. Agreements requiring payments before notarisation are only valid within narrow limits. Check every reservation agreement carefully.
- The flat itself. By signing, you take on the risks of an investment: a vacancy if the tenant moves out, higher interest rates after the fixed-rate period ends, and maintenance of the building and the flat. Factor these into your calculations beforehand.
09Further Reading
- Checking the Purchase Contract for a Flat
- Notary Fees When Buying Property
- Land Registry Registration: Process and Timescales
- The Property Purchase Process
- Priority Notice of Conveyance in the Glossary
- Notice That Payment Is Due in the Glossary
10Sources
All sources accessed on 14 October 2026.
- § 13 BeurkG (reading aloud), § 17 BeurkG (duties to examine and explain, two-week period)
- § 311b BGB (notarisation requirement)
- § 29 GBO (formal requirements for the land registry)
- § 20 GrEStG (contents of the notification, identification number)
- § 34 GNotKG und Anlage 2 (fee table B), Anlage 1 GNotKG (schedule of costs)
- German Federal Chamber of Notaries, examples of notary fees: https://www.notar.de/themen/notarkosten/beispiele
- Example calculation: our own calculation, as at 14 October 2026
Note: This guide provides general information and is not a substitute for legal advice. All figures are illustrative calculations with disclosed assumptions, as at 14 October 2026.
FAQHäufige Fragen
How long before the notary appointment will I receive the draft purchase contract?
As a consumer, you should normally receive it two weeks beforehand, directly from the notary handling the notarisation (§ 17 Abs. 2a BeurkG). A draft from the estate agent or developer does not start this period.
What do I need to bring to the notary appointment?
Your valid original identification document and your tax identification number. If you are using financing, bring the bank’s land charge documents; if someone is representing you, bring the certified power of attorney.
How long does a notary appointment take?
That depends on the length and complexity of the contract. Allow one to two hours if the purchase contract and land charge are being notarised at the same appointment.
Does the notary really read the entire contract aloud?
Yes. The notarial record must be read aloud to the parties involved (§ 13 Abs. 1 BeurkG). Use this opportunity to ask questions at any point.
Can someone attend the notary appointment on my behalf under a power of attorney?
Yes. The power of attorney must be notarilly certified for land registry purposes (§ 29 GBO). Alternatively, a representative can act without a power of attorney and you can subsequently approve the contract in certified form.
Do I own the flat after the notary appointment?
No. You only become the owner when you are entered in the land register. Until then, a priority notice of conveyance protects your claim.
What does the notary appointment cost?
In the example with a €200,000 purchase price and a €160,000 land charge, around €2,250 for the notary and €1,060 for the land registry. The fees are set out in the GNotKG and are not negotiable.
Can I still withdraw after the notary appointment?
Only if the contract or the law provides grounds for withdrawal, for example if the other party defaults on payment. There is no cancellation right of the kind that applies to online purchases.