Legally compliant real estate sales – nothing works without documentation
The land register extract alone is not enough. Many owners are unaware of how many different documents are required for a sale and which offices or authorities are responsible for them. Missing documents can become a real problem at the latest when you meet with the notary. Banks in particular usually require numerous documents in advance, on which they base their financing decision.
The land register extract – your most important proof
The land register extract is essential proof that you are the actual owner of the property or apartment being sold. A land register extract must therefore be available before a purchase agreement can be concluded and certified by a notary.
The entries in Section III of the land register also show any encumbrances (mortgages, land charges, and annuities), while Section II lists any existing rights of residence or usufruct. You can request the land register extract directly from the land registry office; it is also advisable to request it through a notary.
Cadastral map, building plans, floor plan, and energy performance certificate
Almost as important as the land register extract is the cadastral map, which is issued by the cadastral office and serves as official proof of a property's identity. The cadastral number and parcel number are particularly useful for this purpose. The cadastral map also shows the exact boundaries and location of the property and lists any existing buildings. The cadastral map is one of the documents that is often forgotten when selling real estate on your own. However, if you seek the assistance of a professional real estate agent when selling, you can be sure that all the necessary documents for a legally compliant sale will be available at the right time.
Banks usually require additional documents such as a construction plan, a scale floor plan, a building permit certificate, and a building description. They want to check the condition and construction characteristics of the property in detail before making a financing commitment to your buyer. These documents are usually available from the building authority. However, not all information is always available for older buildings. Missing floor plans may then have to be redrawn.
An energy performance certificate is now required not only for the conclusion of a purchase contract, but also at the start of marketing. Certain data on energy consumption must already be specified in real estate advertisements. Violations of the relevant laws can be punished with fines of up to €15,000. If your property does not yet have an energy performance certificate, architects, energy consultants, and other approved experts can issue one.
Do you need help obtaining documents for your upcoming real estate sale? Contact us! We will be happy to help you.
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- Selling real estate: Which documents are useful
- service-bw.de: Land register extract
- lgln.niedersachsen.de: Property map
Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific case.
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