Have a partial ownership land register created

You must apply for the entry at the land registry. As a rule, the notary who notarized or certified the partition agreement or declaration of partition will arrange for the entry.

• The documents required for registration are checked by the responsible judicial officer at the land registry.
• If the documents are not complete or not in the correct form, the competent judicial officer will inform the notary or you in writing and submit them to the land registry.
  inform you of this in writing and request that you submit the missing documents or documents in the correct form (to be notarized or authenticated).
• Once all the necessary documents have been submitted, the responsible judicial officer will create the part-ownership land registers. The following are entered in these special land register sheets
  
  - the fraction of co-ownership of the property
  - the property belonging to the co-ownership share (special ownership)
  
• The notary submitting the application and you will be notified of the entry with the registration notification.
• The invoice from the land registry will be sent to you for payment of the costs.

The land registry office of the local court in whose jurisdiction the property is located is responsible. You can find the competent land registry office in the address database of the Germany-wide location and court search on the North Rhine-Westphalia justice portal (see link for further information).

The land registry office of the local court in whose jurisdiction the property is located is responsible. You can find the competent land registry office in the address database of the Germany-wide location and court search on the North Rhine-Westphalia justice portal (see link for further information).

An application for entry must be made by you or the notary public recording the entry in order to establish partial ownership. The partial ownership land registers are created when all the necessary documents have been submitted in the correct form and there are no obstacles to registration.

• Written application for registration
• Registration permit
• Allocation plan (building drawing signed and sealed or stamped by the building authority, showing the division of the building and the location and size of the parts of the building in separate ownership and those in common ownership)
• Completion certificate (certificate from the responsible building authority that the rooms in which separate ownership is to be established are self-contained)
• Possibly the clearance certificate from the tax office (you can obtain more information on this from the notary acting in your case)
• Notarized declaration of division or notarized contract on the agreement of all co-owners

(as of November 2020)

min. EUR 15 - max. EUR 26,585 (with a maximum transaction value of EUR 60,000,000):

The land registry charges a full fee for the registration of the contractual granting of ownership of rooms not used for residential purposes (sections 3, 7 WEG) or for the creation of part-ownership land registers in the case of section 8 WEG. The specific amount of the fee depends on the value of the transaction. The transaction value is the value of the developed property. This also applies to a building yet to be erected.

In addition to the costs for the work of the land registry, costs are also incurred for the work of the notary in accordance with the German Court and Notary Costs Act (GNotKG). Please ask the notary working on your case for the amount of the notary fees. You can also find information and examples of notarial costs on the website of the Federal Chamber of Notaries (link see further information).

individually, depending on the encumbrance situation of the responsible land registry and the time at which all required documents are submitted to the land registry in the correct form

• § Section 1 of the German Condominium Act (WEG)
• § Section 3 of the German Condominium Act (WEG)
• § Section 4 of the German Condominium Act (WEG)
• § Section 8 of the German Condominium Act (WEG)
• § Section 7 of the German Condominium Act (WEG)
• § Section 13 of the Land Register Regulations (GBO)
• § Section 19 of the Land Register Regulations (GBO)
• § Section 29 of the Land Register Regulations (GBO)
• Annex 1 No. 14112 to Section 3 (2) GNotKG

19.11.2020