Notary appointment for a house sale: how it works

How does notarisation work when selling property in Germany?

The notary drafts the purchase contract and sends it to both sides in advance; if a developer or other business is the contracting party, as a rule two weeks before the appointment. At the appointment the notary reads the contract out in full and both sides sign. Then the notary applies for the priority notice, obtains the municipality's waiver of its right of first refusal and the bank's cancellation documents, and notifies the buyer that the price is due. Once the purchase price and the real estate transfer tax are paid, the buyer is entered as owner.

7 steps

From the draft contract to the transfer of ownership

3 months

Maximum period for the municipality's right of first refusal

€0 upfront

The purchase price is only paid after the notary's notice that it is due

Why nothing counts without a notary

A contract in which someone undertakes to sell land or a flat must be notarised (§ 311b (1) BGB). A purchase contract signed privately is void. That has a consequence sellers often underestimate: until the last signature at the notary, the buyer can as a rule walk away without reason and without cost. So can you.

From a seller's point of view this means: do not take your property off the market just because someone has agreed verbally. The notary appointment is the point at which marketing ends.

The process in seven steps

From the first draft to the change of ownership in the land register, the notary takes you through seven steps. Three of them come before or at the appointment, four after it, and during those four everyone is waiting for third parties.

Step	What happens	Who acts
1. Commission the draft	Buyer and seller agree on price and key terms, the notary receives the data and prepares the draft contract.	Buyer or agent instructs, notary drafts
2. Review time	Both sides read the draft and clarify questions with the notary. If a business is on the other side, a standard period of two weeks applies.	Notary sends, both sides review
3. Notarisation appointment	The notary reads the contract out in full, explains it and answers questions. Then all parties sign.	Both sides, in person or represented
4. Priority notice	The notary applies for the priority notice (Auflassungsvormerkung) in the land register. It protects the buyer against further sales or encumbrances.	Notary, land registry
5. Obtain approvals	Waiver of the municipality's right of first refusal (it has up to three months, § 28 (2) BauGB), cancellation documents from the seller's bank, for flats possibly the property manager's consent.	Notary
6. Notice that payment is due	Once all conditions are met, the notary informs the buyer in writing that the purchase price is due. Only now is it paid.	Notary, then buyer
7. Transfer of ownership	After payment and the tax office's clearance certificate for real estate transfer tax, the notary applies for the transfer.	Notary, land registry

The two-week period applies less often than many think

The two-week period is set out in § 17 (2a) of the Notarisation Act (BeurkG): a consumer should as a rule receive the contract text two weeks before notarisation. But this only applies to consumer contracts, meaning contracts between a business and a consumer, for example with a developer, a housing company or a commercial buyer. Private to private? Then the period does not apply, and that is the normal case for houses and flats in Dresden.

That is no licence for an appointment the day after tomorrow. I advise sellers to have the draft sent at least a week before the appointment and to read it calmly. If you want to sell faster, make sure all documents are complete the first time you contact the notary. An incomplete data set costs more time than any waiting period.

Calvin Linke, Immobilienpartner Sachsen

What happens at the appointment

The notary reads the entire contract aloud (§ 13 BeurkG). It seems old-fashioned and often takes an hour, but it is the heart of the matter: every sentence is spoken in the presence of both sides, questions are answered on the spot and changes are worked in directly. I recommend that sellers go through the draft with a pen beforehand and note their questions. At the appointment itself, concentration is rarely as high as you think.

Before you sign, the notary checks your identity using your ID card or passport. Since 29 December 2025 the notary may also record the deed electronically, but all parties must still be present in person. There is no online notarisation by video for property purchase contracts.

If you cannot attend, you can be represented with a notarised power of attorney.

What the notary checks and what not

The notary is impartial and acts for both sides (§ 14 Federal Notarial Code, BNotO). That also means the notary is not your advocate.

The notary checks	The notary does not check
Identity and legal capacity of the parties	Whether the purchase price is appropriate
Ownership and encumbrances according to the land register	The structural condition and hidden defects
Whether the contract reflects your intentions in a legally sound way	Whether the buyer really has the financing
That the purchase price only becomes due once the buyer is secured	Whether a letting, an extension or a use has been approved
That statutory rights of first refusal and approvals are settled	Tax consequences such as tax on private sale gains, the notary only points them out

That is why you need to know the price before the draft is written.

Five clauses sellers should watch

Exclusion of liability for defects

Usual for second-hand property. It does not cover defects you know about and conceal, though. What you know belongs in the contract.

Handover date and transfer of possession

From when does the buyer bear costs, charges and risk? Usually from payment of the purchase price.

Release from encumbrances

An existing land charge is paid off from the purchase price. Your bank sends the cancellation documents to the notary, not to you.

Furnishings sold with the property

Movable items such as furniture, and as a rule the fitted kitchen too, can be shown with their own reasonable amount. That part is not subject to the buyer's real estate transfer tax. An inflated figure gets noticed by the tax office; a list with plausible current values helps.

Tenancies

For let properties: tenancy agreement, deposit and the cut-off date for the accounts.

How long until the money arrives?

Between the notary appointment and the purchase price becoming due there are usually a few weeks. The pace is set not by the notary but by the municipality with its right of first refusal and the bank with the cancellation documents. After that it often takes a few more weeks until the buyer is entered in the land register. For you as the seller, what counts is the payment arriving, not the land register entry. From 2027, notaries, land registries and authorities will exchange documents only electronically, which is meant to speed up this part.

Who pays what?

The buyer pays for notarisation and the land register entry unless agreed otherwise (§ 448 (2) BGB). You as the seller bear the cancellation of your land charge. There may also be approvals that concern only your side, for example the property manager's consent if the declaration of division assigns it to the seller.

The exact amounts, including land register fees and real estate transfer tax, are set out in the guide notary costs when buying property in Saxony.

The estate agent's role

The agent prepares the notarisation, but does not replace it. In Dresden that means, for us: negotiating price and terms before the notary writes the draft, giving the notary complete documents, going through the draft with you and coordinating the appointment. The agent does not give legal advice; that comes from the notary. Under the Money Laundering Act, estate agents are also obliged to identify both parties to the contract.

Where fraud threatens before the appointment is covered in the guide fraud when selling property.

Notary appointment coming up? Let us go through the draft together

If you are selling in Dresden or the surrounding area, we prepare the notarisation with you: documents for the notary, negotiation before the draft, review of the contract. Reachable by phone Mon to Fri 8am to 8pm, Sat 9am to 2pm.

Get in touch

Owner & Property Adviser

Calvin Linke

Dresden local expert — with many years of experience supporting property acquisitions and brokerage in the Elbe valley.

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Where the notary appointment sits in the whole sale is shown under selling a house in Dresden.

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Is a house purchase by handshake or private contract valid?

No. A contract for the sale of land or a flat must be notarised (§ 311b BGB). A verbal promise or a signed preliminary contract without a notary binds neither side. Until the signature at the notary, buyer and seller can therefore as a rule walk away without consequences, even after a firm commitment.

Can I sign the purchase contract online with the notary?

Not for a property purchase contract. Online notarisation by video is limited to certain company and register matters. If you cannot attend in person, you can be represented by a notarised power of attorney or approve your declaration afterwards.

What do I need to bring to the notary appointment?

A valid ID card or passport and your tax identification number. The notary obtains the land register extract personally. Ideally the notary already knows your bank details and the bank that still holds a land charge before the appointment. For flats, the property manager's details are needed if a manager's consent is entered in the land register.

Who chooses the notary?

The law does not say. It is customary for the buyer to choose, because under § 448 (2) BGB the buyer bears the costs of notarisation and land register entry. As the seller you can make a suggestion. In any case the notary is bound to impartiality and acts for both sides.

Notarisation when selling property in Germany: process, deadlines and what the notary checks