Buyer's due diligence checklist for Germany
Buyer's due diligence checklistPrüfliste vor dem Immobilienkauf (Unterlagen und Prüfungen)
The documents and checks a buyer of an existing house or flat in Germany should get before the notarial signing: owner and land register, planning and building law, the energy performance certificate, condominium documents, existing leases, and taxes and costs.
Use it from the first viewing until the notarial signing. In Germany there is no binding step before the notarial contract, so all checks must be done before you sign it. The notary inspects the land register and handles the priority notice, the release of charges and the municipal pre-emption waiver, but does not check the building, the planning status or the condominium's finances. Ask the seller for each document, and ask the notary to deal with anything missing in the contract.
Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.
Key facts
- Applies to
- Whole country. Building law registers, such as the register of building encumbrances, are kept under Land law and differ by Land.
- Land register access
- Only for a person with a legitimate interest (GBO § 12(1)). The notary inspects it before recording the contract.
- Energy performance certificate
- Shown at the viewing at the latest, handed over after the contract (GModG § 80(4)).
- Condominium resolutions
- The manager keeps all resolutions since 1 July 2007. An owner or a person the owner authorises may inspect them (WEG § 24(7)).
- Municipal pre-emption
- The municipality can exercise it within 3 months after it receives the contract (BauGB § 28(2)).
- Existing leases
- The buyer takes over each lease with all rights and duties (BGB § 566(1)).
- Draft contract
- Two weeks before signing when the seller is a business and the buyer a consumer (BeurkG § 17(2a)). No fixed period between private persons.
- Land transfer tax
- 3.5% to 6.5% of the price, depending on the Land (GrEStG § 11 and Land rates).
The checklist
Seller, owner and land register
Current land register extract (ask the seller for a recent copy)Grundbuchauszug (Bestandsverzeichnis, Abteilungen I bis III)
Seller's identity and power to sellPersonalausweis, Erbschein, Vollmacht, Betreuungsgericht
Every registered owner must sign. Heirs usually need a certificate of inheritance. A seller under guardianship may need court approval.
Charges that the seller must clearGrundschulden, Hypotheken, Lastenfreistellung
Cadastral map and parcel dataLiegenschaftskarte (Flurkarte), Flurstücksnachweis
The surveying office shows the boundaries and the area of each parcel. Compare them with the land you saw and the land register.
Planning and building law
Building permit and approved plansBaugenehmigung, genehmigte Bauzeichnungen
They show what was approved. Unapproved extensions, attic conversions and added units can be a defect and lead to building authority orders.
Register of building encumbrances (Bavaria keeps none)Baulastenverzeichnis
Duties such as a neighbour's access or required distances are not in the land register. The building authority keeps them under Land law.
Zoning plan and planning informationBebauungsplan, Flächennutzungsplan
It tells you what you may build or change, and what may be built next door. Ask the municipality's planning office.
Contaminated sites registerAltlastenkataster
It shows known soil contamination. Ask the environmental authority of the district or city.
Certificate on charges for roads and utilitiesErschließungsbeitragsbescheinigung (Anliegerbescheinigung)
The municipality confirms whether road and utility charges are paid or still to be billed. The contract should say who pays open charges.
Monument protection statusDenkmalschutz
A listed building needs approval for most works. Ask the monument authority.
Building condition and energy
Energy performance certificateEnergieausweis (Bedarfs- oder Verbrauchsausweis)
Check the issue date, the energy class and the heating type.
Building survey by an independent expertBausachverständigengutachten
Used property is usually sold without liability for defects. A survey before signing shows damp, roof, structure and services problems.
Heating system, chimney sweep records and recent worksHeizungsanlage, Feuerstättenbescheid, Rechnungen
Building insurance policy and claims history (the policy passes to you)Wohngebäudeversicherung, Schadensfälle
Flats in a condominium
Declaration of division and community rulesTeilungserklärung, Gemeinschaftsordnung, Aufteilungsplan
They define your unit, your share of common property, exclusive use rights, cost shares and use limits, such as on letting or business use.
Collection of resolutions and meeting minutesBeschluss-Sammlung, Protokolle der Eigentümerversammlungen
Budget, annual statement and asset reportWirtschaftsplan, Jahresabrechnung, Vermögensbericht
They show the monthly condominium fee, arrears in the community and the balance of the maintenance reserve.
Confirmation that the seller owes no fees or leviesHausgeld, Sonderumlage
Ask the manager for a statement. The contract should say who pays levies decided before the handover.
Need for consent to the saleVeräußerungszustimmung
Leases and occupation
Existing leases, rent, deposits and correspondenceMietverträge, Mietkaution, Mieterhöhungen
You take over each lease as it stands. Check the rent, the deposit, notices and any disputes.
Tenant's pre-emption rightVorkaufsrecht des Mieters
Municipal pre-emption rightVorkaufsrecht der Gemeinde, Negativattest
Taxes and costs
Land transfer tax for the LandGrunderwerbsteuer
Latest property tax assessmentGrundsteuerbescheid
Agent's commission termsMaklervertrag, Provision
Formalities
A due diligence list is a checklist by nature. The notary drafts and records the contract but does not check the building, the planning status or the condominium's finances for the buyer.
- You do not sign this checklist.
- Only a person with a legitimate interest may inspect the land register. Ask the seller for a current extract or a written authorisation.
- Only owners and people they authorise may inspect the condominium's collection of resolutions. Ask the seller for an authorisation.
- The seller or agent must show the energy performance certificate at the viewing at the latest, and hand it over after the contract is signed.
- Local authorities keep public registers, such as building encumbrances and contaminated sites. Access usually needs the owner's consent and a fee.
Common mistakes
- Relying on the agent's brochure instead of the land register extract. Only the register shows the owner and the rights of way, residential rights or charges.
- Skipping the minutes of the owners' meetings. They show decided works, special levies and disputes that you take over with the flat.
- Assuming an attic flat, extension or converted basement is approved. Get the permit and approved plans. Unapproved works risk building authority orders.
- Buying a let flat for own use without reading the lease. You take over the tenant. Notice for own use needs a legitimate interest and up to nine months' notice.
- Flat made a condominium after it was let: no notice for own use until 3 years after your purchase, or up to 10 years under a Land regulation (BGB § 577a).
- Ignoring the energy class and heating age. Ask for the certificate, the heating type and the date of the last boiler inspection, and plan the cost of works.
- Not checking whether the seller can sell alone. A spouse, co-heirs or a guardian may have to consent.
- Leaving no time for a building survey. The contract usually excludes liability for defects, so a survey before signing is your main protection.
Legal basis
- Grundbuchordnung (GBO) § 12 (inspection of the land register)
- Gebäudemodernisierungsgesetz (GModG, formerly GEG) § 80 (issuing and showing energy performance certificates)
- Wohnungseigentumsgesetz (WEG) § 24 Abs. 7 und 8 (collection of resolutions)
- WEG § 12 (consent to the sale of a unit)
- BauGB § 28 (municipal pre-emption right: procedure and deadline)
- BGB § 566 (purchase does not break a lease) and § 577 (tenant's pre-emption right)
- BGB § 577a (no notice for own use for 3 years, up to 10 years in designated areas, after a let flat converted into a condominium unit is sold)
- BeurkG § 17 Abs. 2a (two-week period for the draft)