Germany: selling a property, the checklist
From the tax question to handing over the keys: what to clarify, obtain and watch at the notary, in order.
0 of 23
Time: several months, from preparation to handover
Your browser won’t let this page remember your checkmarks. The list still works, but it will reset when you leave.
Clear all the checkmarks?
Preparing
0 of 5
-
The property sale tax calculator names the first tax-free day. If you used the property yourself, there is no tax (EStG § 23 para. 1).
-
Sale price minus acquisition and selling costs; depreciation claimed increases the gain (EStG § 23 para. 3).
-
They lower the gain because they count as acquisition and production costs.
-
If the interest rate is still fixed, early termination is possible with a legitimate interest; the bank may demand early-repayment compensation (BGB § 490 para. 2).
Documents
0 of 4
-
You or the agent must show it to interested parties at the viewing at the latest and hand it over after the contract is concluded (GModG § 80 para. 4).
-
It shows which charges are registered, such as land charges.
-
The manager keeps a collection of resolutions that owners may inspect (WEG § 24 para. 7).
Finding a buyer
0 of 4
-
If the buyer is a consumer and you hired alone, you bear at least half; the buyer only pays once you have paid (BGB §§ 656a, 656b, 656d).
-
Type of certificate, energy value, heating energy source and, for residential buildings, year of construction and energy efficiency class (GModG § 87).
-
You cannot rely on an agreed exclusion of liability if you fraudulently concealed a defect (BGB § 444).
The purchase contract
0 of 3
-
A contract for the sale of land needs notarization (BGB § 311b para. 1); the costs of notarization and land register are borne by the buyer in case of doubt (BGB § 448 para. 2).
-
Ask the notary what you do not understand: he advises the parties on the legal significance.
Completion and handover
0 of 7
-
The land charge only ends when the bank declares it gives up the right and the land registry deletes it in the land register (BGB § 875).
-
The contract sets when the price falls due; usually: after the notary’s notice that the conditions are met.
-
The acquirer steps into the insurance; the sale must be reported to the insurer without delay (VVG §§ 95 and 97).
-
The tax office asks for the data of both contracts, the prices and whether you lived in the property yourself.
Keys handed over
0 of 23
Good to know
- This list applies to selling a flat or house from private assets. A sale from a business, a forced auction and a sale by a community of heirs have their own rules.
- Whether and how much tax is due depends on the ten-year period and on use: the property sale tax calculator shows it, and the guide explains the rules.
- The procedure depends on the contract: the notary drafts and explains it. The list does not replace the notary’s advice; he is bound to neutrality.
- The laws change: the Building Energy Act is called the Building Modernization Act (GModG) in its current version.
- This is not legal or tax advice. For your sale, the notary, a tax adviser and a real estate lawyer can help.
Frequently asked questions
Do I have to pay tax when I sell a property?
Only if at most ten years lie between purchase and sale, you did not live in the property yourself (until the sale or in the year of sale and the two years before) and the gain is at least €1,000 (EStG § 23).
Who pays the notary and the land register when selling?
In case of doubt the buyer: he bears the costs of notarizing the purchase contract and the conveyance, of the entry in the land register and of the declarations needed for it (BGB § 448 para. 2).
Who pays the agent?
If the buyer is a consumer and you alone hired an agent, a payment obligation of the buyer applies only if you pay at least the same amount; he only pays once you have paid your part (BGB §§ 656b and 656d).
When is the land charge deleted?
When the bank declares it gives up the right and the land registry deletes it in the land register (BGB § 875). For that the notary needs your bank’s consent to deletion.
Do I have to cancel the insurance?
Not necessarily: the acquirer steps into the insurance, and the sale must be reported to the insurer without delay (VVG §§ 95 and 97). Whether he keeps the contract is decided by buyer and insurer.
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
- The calculatorGermany property sale tax calculator
- The guideGermany: selling a property, tax and deadline
- The guideGermany: the energy performance certificate
- The checklistMoving house: the checklist
Sources
- EStG § 23: private sales transactions: ten years, own use, gain, exemption limit (in German)
- BGB § 311b: contracts on land: notarization (in German)
- BGB § 448: costs of handover: the buyer bears notarization and land register (in German)
- BGB § 444: exclusion of liability: not for fraudulently concealed defects (in German)
- BGB § 490: extraordinary right of termination and early-repayment compensation (in German)
- BGB § 656d: agreements on agent costs (in German)
- BGB § 875: cancellation of a right in land: deletion of the land charge (in German)
- VVG § 95: sale of the insured item (in German)
- GEG § 80 (Building Modernization Act): energy certificate on sale and letting (in German)
For your sale, the notary, a tax adviser and, in a dispute, a real estate lawyer are the first people to ask.