Legal
Notarkosten
Notary fees for property purchase contract and registration
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Notarkosten are part of every property purchase in Germany, where the law requires the contract to be notarized by a Notar. Knowing what the notary does and what each fee is for helps you budget and follow the process.
The Role of the Notar in German Real Estate Transactions
The German Notar is impartial and represents neither buyer nor seller. The notary drafts the purchase contract (Kaufvertrag), checks the identity of the parties, explains the legal effects of the contract, can handle payment through a trust account (Notaranderkonto) and files the applications with the land registry (Grundbuch).
- Drafting and notarizing the purchase contract (Kaufvertrag)
- Verifying the identity and legal capacity of all parties
- Explaining the contract terms and their legal effects
- Managing a trust account (Notaranderkonto) where one is used
- Applying for the priority notice (Auflassungsvormerkung) in the Grundbuch
- Coordinating with the bank on the Grundschuld
- Filing the final ownership transfer with the Grundbuchamt
How Notarkosten Are Calculated
Notary fees are set by the Gerichts- und Notarkostengesetz (GNotKG) and cannot be negotiated. They depend on the transaction value, usually the purchase price, and rise more slowly than the price. The land registry fees are court fees billed by the Grundbuchamt, not by the notary. Together, notary and land registry come to about 1 to 1.5% of the price.
- Beurkundungsgebühr: the main notarization fee, a 2.0 fee from the GNotKG table
- Vollzugsgebühr: a 0.5 fee for executing the transaction
- Betreuungsgebühr: a 0.5 fee for the notary's supervisory duties
- Grundbuchkosten: court fees for the ownership transfer and any Grundschuld
- Notary fees carry 19% VAT
What to Expect During the Notarization Process
At the notarization appointment (Beurkundungstermin) the notary reads the whole contract aloud; this is a legal requirement. Buyer and seller, or their authorized representatives, must attend. If you do not understand German well enough, an interpreter is needed. After the appointment the notary starts the transfer.
- Step 1: Buyer and seller agree on terms; the notary drafts the contract, which consumers usually receive two weeks before the appointment
- Step 2: Notarization appointment: the contract is read aloud, questions are answered and all parties sign
- Step 3: The notary requests the priority notice (Auflassungsvormerkung) to secure the buyer's claim
- Step 4: The buyer pays the Grunderwerbsteuer and the tax office issues the clearance certificate (Unbedenklichkeitsbescheinigung)
- Step 5: The buyer pays the purchase price, directly or via a Notaranderkonto
- Step 6: Once all documents and payments are in, the notary applies for the ownership transfer
Frequently Asked Questions
Can I choose my own notary for the property purchase?
Yes. The buyer usually chooses and pays the notary, and you are not bound to a notary the seller or broker suggests. Since the fees are set by law, the cost is the same with every notary, so choose by availability, language and responsiveness.
Are Notarkosten negotiable in Germany?
No. The GNotKG sets the fees, and every notary charges the same for the same service and value. You can only save indirectly, for example by not using a trust account if you do not need one.
Who pays the Notarkosten: the buyer or the seller?
By convention, and usually by contract, the buyer pays. Towards the notary, however, buyer and seller are jointly liable, so if the buyer does not pay, the notary can claim from the seller.