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Buyer's due diligence checklist for Germany

Buyer's due diligence checklist · Prüfliste 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.

Rules that are changing

  • From 1 January 2027, new GModG energy certificate rules apply. Certificates become digital by default, must show more data and are needed in more situations.
  • Certificates issued before 1 January 2027 stay valid for their 10-year term. Check the issue date and the rules quoted on the first page.

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)

    It lists the parcels. Section I: owners. II: rights of way, residential rights, restrictions. III: mortgages and land charges.

  • 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

    The seller's bank must release its land charge, usually from the price. The notary obtains the release documents.

  • 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

    They show the heating's age and condition and the seller's repairs. The GModG changed the rules for new heating systems from 29 July 2026.

  • Building insurance policy and claims history (the policy passes to you)Wohngebäudeversicherung, Schadensfälle

    Past water or storm damage points to risks. You can end the policy within one month after you acquire the property or learn of the policy.

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

    They show decided works, special levies and disputes. Ask the seller for an authorisation to inspect the collection.

  • 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

    The community rules may require the manager's consent. The notary obtains it, but check the requirement early.

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

    If the flat became a condominium unit after it was let, the tenant can buy on your terms. Plan for the delay.

  • Municipal pre-emption rightVorkaufsrecht der Gemeinde, Negativattest

    In some areas the municipality can buy instead of you. It has 3 months after it receives the contract to decide.

Taxes and costs

  • Land transfer tax for the LandGrunderwerbsteuer

    3.5% to 6.5% of the price. You are registered as owner only after the tax office issues its clearance certificate.

  • Latest property tax assessmentGrundsteuerbescheid

    Property tax has been assessed under new rules since 1 January 2025. The assessment shows the annual amount you will pay.

  • Agent's commission termsMaklervertrag, Provision

    For a flat or single-family house the broker contract needs text form, and an agent working for both sides is paid in equal shares.

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.

  1. You do not sign this checklist.
  2. Only a person with a legitimate interest may inspect the land register. Ask the seller for a current extract or a written authorisation.
  3. Only owners and people they authorise may inspect the condominium's collection of resolutions. Ask the seller for an authorisation.
  4. 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.
  5. 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)

Sources

  • Bedingungen und Verpflichtungen im Zusammenhang mit Kauf und Verkauf von Immobilien
  • Lastenfreistellung - Was ist das?
  • Kaufpreisfälligkeit
  • Neues Heizungsrecht: Gebäudemodernisierungsgesetz in Kraft
  • Energieausweise im GModG: Was sich 2027 alles ändert

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