Notarised power of attorney for a property sale: content, cost, wording

What must a notarised power of attorney for a property sale contain?

It must be notarised (notarielle Beurkundung) and must expressly cover the conclusion of the purchase contract, the conveyance (Auflassung, § 925 BGB), the approval of the priority notice (Auflassungsvormerkung), receipt of the purchase price and all declarations towards the notary and the land registry. Without an exemption from § 181 BGB and without the authority to approve the cancellation of land charges (Grundschuld), it stays incomplete in practice. Notarisation costs roughly 50 to 200 euros depending on the value involved.

50 to 200 euros

Notarisation, depending on the value involved

3 routes

German notary, German consulate, foreign notary with apostille

Days to weeks

Processing time, depending on the route you choose

Why this page covers only the power of attorney

I have described the full remote-sale process, meaning bank account, tax, timeline and viewings, elsewhere. This page is only about the deed itself, because that is where most of the remote sales I handle get stuck.

Selling a property from abroad: the full overview

These powers belong in the deed

In my experience it is not the power of attorney as such that fails, but its narrow scope. A document authorising someone merely to sell the property is not enough for the land registry. These nine points belong in the wording expressly.

Conclusion and signature of the purchase contract

Including side agreements, amendments and addenda. Without that addition, every contract change needs a fresh notarial act.

Approval and application for the priority notice

The priority notice (Auflassungsvormerkung) secures the buyer in the land register. Without this power your representative can neither approve nor apply for it.

Declaration of the conveyance

The agreement in rem on the transfer of ownership (Auflassung, § 925 BGB). It is the core of the land register transfer and is frequently forgotten.

Receipt of the purchase price

Together with the authority to name the receiving account. This is the point missing most often in the documents that are put in front of me.

Declarations towards the notary and the land registry

Applications, approvals, consents and waivers of legal remedies, plus declarations towards the valuation board and the municipality (right of first refusal).

Approval of cancellations

Land charges (Grundschuld) in particular: receiving the bank's cancellation documents and approving the cancellation in the land register.

Exemption from § 181 BGB

Without it your representative may not contract with themselves and may not represent several parties at once, for example both spouses as sellers.

The right to grant a sub-power of attorney

So a second person can step in if your representative is unavailable, without you having to see a notary again.

Validity beyond death, or expressly not

Both are permissible. A power that survives death keeps the sale workable but can create conflict among heirs. Decide it deliberately.

The three routes to a power of attorney

There are exactly three practicable routes. They differ mainly in how long they take, not in their legal effect.

Route	Effort	Duration	Typical pitfall
German notary before you move away	One appointment, draft by email in advance	A few days of lead time	Considered too late, once the move is already under way
German consulate abroad	Book an appointment, bring ID and the draft	Weeks, depending on the mission	Not every mission handles every notarisation, capacity varies widely
Foreign notary with apostille	Notarisation, apostille from the authority, sworn translation	Several weeks	The notary does not know the German requirements and drafts too narrowly

The German notary before departure is the simplest route. For the other two, have your German notary draft the text first, otherwise exactly the clauses this page is about will be missing.

What notarisation costs

Notarising a selling power of attorney costs roughly 50 to 200 euros depending on the value involved (Gegenstandswert). That value is based on the value of the property, and the fee follows the German Court and Notary Fees Act. Further certified copies cost a few euros. Measured against a six-figure purchase price this is the cheapest component of the sale, and the one with the greatest leverage when it is missing.

Sample wording as a drafting aid

Please read before you use this text

This text is a drafting aid for your notary appointment. It is expressly neither legal advice nor a legally valid document. Only your notary drafts and notarises the binding wording, and only they can assess your individual case. Use the text as a basis for discussion so that none of the powers listed above gets lost.

Power of attorney for the sale of a property (basis for drafting)

Grantor

Before me, the undersigned notary, appeared today: [first name, surname, date of birth, address]. The person appearing declares: I am the owner of the property described below and hereby grant a power of attorney.

Representative

[First name, surname, date of birth, address], hereinafter the representative.

Subject

This power of attorney applies exclusively to the property recorded in the land register of [district], sheet [number], parcel [number], situated at [address].

Scope

The representative is authorised to sell the property at a purchase price of no less than [amount] euros, to conclude and sign the purchase contract including all side agreements, amendments and addenda, to declare the conveyance, to approve and apply for the entry and cancellation of a priority notice, and to make and receive all declarations towards the notary, the land registry, the valuation board and the municipality.

Purchase price

The representative is authorised to receive the purchase price, to acknowledge receipt and to name the receiving account. Payment shall be made exclusively to account [IBAN] held in the name of the grantor.

Encumbrances

The representative is authorised to receive cancellation documents for registered land charges, to approve and apply for their cancellation and to make the declarations required to release the property from encumbrances.

Section 181 BGB

The representative is exempt from the restrictions of § 181 BGB. The representative is authorised to grant a sub-power of attorney.

Duration and revocation

This power of attorney is limited until [date]. It may be revoked at any time. Revocation is declared to the representative, and the certified copy must be returned without delay. The power of attorney ends on the death of the grantor. [Alternative: The power of attorney remains valid beyond death.]

Internal relationship

In the internal relationship the representative may only make use of this power once the grantor has approved the draft purchase contract in text form. Restrictions in the internal relationship have no effect towards third parties.

The five most common mistakes

Granted too late

The power of attorney is only needed once a buyer is lined up, and by then two weeks are missing. Grant it before marketing starts.

Drafted too narrowly

A power to sell without conveyance, priority notice and land register declarations leads to an interim order from the land registry and weeks of delay.

Only certified instead of notarised

Certification confirms the authenticity of the signature alone. For the full chain up to the change of ownership, notarisation is the safe route.

Receipt of the purchase price forgotten

Without this clause your representative cannot validly receive the purchase price and cannot name the receiving account.

No cancellation approval included

If a land charge still encumbers the property, your representative must be allowed to approve its cancellation. Without it, completion stalls just short of the finish line.

Revocation and protection against misuse

A broad power of attorney is a powerful instrument, so protection belongs in the plan from the start. Five building blocks have proven themselves.

Five safeguards to discuss with your notary

Return of the certified copy

Revocation only bites once the copy is back. Otherwise your representative can still act towards good-faith third parties under § 172 BGB.

A time limit

An end date in the wording, for example twelve or eighteen months. If the sale takes longer, you extend it.

Restriction to one specific property

Land register sheet, parcel number and address belong in the deed. A general power covering all properties is rarely necessary.

Four-eyes principle

Two representatives who may only act jointly are a calm solution for higher values. The price is a little less speed.

Deposit with the notary

The certified copy stays with the notary and is only released at the contract appointment once defined conditions are met, for example a minimum purchase price you have approved.

I have never seen a remote sale fail because the power of attorney was too broad. The ones that failed were too narrow. Take the draft to your notary appointment and work through it point by point.

Calvin Linke, Immobilienpartner Sachsen

Planning a remote sale? Let us talk it through first

If you want to sell your property in Dresden or Saxony from a distance, I will look at your situation in advance and tell you which points should be in your power of attorney. Reachable by phone Mon to Fri 8am to 8pm, Sat 9am to 2pm.

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Calvin Linke

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

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Does the power of attorney for a property sale have to be notarised?

For the safe route, yes. A German property purchase contract requires notarisation under § 311b BGB, and the conveyance (Auflassung) and land register declarations require at least a publicly certified power of attorney under § 29 GBO. In practice notaries and land registries accept a notarised power of attorney without queries, whereas a merely certified signature regularly triggers follow-up requests. I therefore always advise full notarisation, as the cost difference is small.

What does a notarised power of attorney cost?

Notarisation costs roughly 50 to 200 euros depending on the value involved (Gegenstandswert). That value is usually based on the value of the property, and the fee follows the German Court and Notary Fees Act (Gerichts- und Notarkostengesetz). Additional certified copies cost only a few euros. German consulates abroad apply their own fee schedule, which varies by mission.

Can I grant the power of attorney abroad?

Yes, by two routes. First, at a German consulate or embassy, which notarise documents for German nationals. Second, before a foreign notary, in which case you need an apostille under the 1961 Hague Convention and a translation by a translator sworn in Germany. Both routes take considerably longer than an appointment with a German notary, which is why I recommend granting the power of attorney before you move away.

Why does the exemption from § 181 BGB matter?

§ 181 BGB generally forbids an authorised representative from contracting with themselves or from representing several parties at the same time. Without an express exemption, your representative cannot buy the property themselves and cannot represent both spouses as sellers at once. Exactly that situation occurs regularly in sales within a family. The exemption therefore belongs in the wording even if you do not expect to need it.

How do I revoke a selling power of attorney?

Revocation is possible at any time and needs no particular form, but it only takes effect once it reaches the representative. What matters most is the return of the certified copy: as long as your representative holds one, they can still act towards a good-faith third party under § 172 BGB. Ask for the copy back in writing and inform both the notary who notarised it and the notary preparing the purchase contract. A power of attorney with a built-in expiry date saves you this effort.

Should the power of attorney survive the grantor's death?

That is a deliberate decision to discuss with your notary. A power of attorney that survives death (Vollmacht über den Tod hinaus) keeps the sale workable if the grantor dies during completion and spares the heirs a certificate of inheritance (Erbschein). It can also create conflict where several heirs have different intentions. If you do not want that, have the wording state expressly that the authority ends on death.