Wohnungsgrundbuch anlegen lassen

Condominium ownership is the ownership of an apartment in conjunction with the co-ownership share of the common property.

Condominium ownership is the ownership (special property; also called room ownership) of an apartment in connection with the co-ownership share of the common property (land and the building, insofar as they are not in special ownership or owned by a third party).

If you want to establish residential property, it must be entered in the land register. For this purpose, housing land registers are created. Before this can be done, however, you must first create the conditions for home ownership. This can be done in two ways:

• If you are a co-owner of a property, a notarized division agreement of all co-owners in accordance with the Condominium Act is required. In doing so, you come to an agreement with all co-owners and grant each other condominium ownership by dividing them. Each of you then receives ownership (special property; also called room ownership) of a specific apartment in a building already built or to be constructed on the property.
• A division according to the You can make the Condominium Act by means of a notarized declaration if you are the sole owner of a property. With the declaration that you submit to the land registry, you divide the ownership of the property (so-called declaration of division). You combine each share with the ownership (special property; also called room ownership) of an existing or future apartment. In addition, you also assign each share a fractional co-ownership share in the property.
• The entry in the land register takes place by creating the housing land registers by the responsible land registry. This means that a separate, special land register sheet is created for each apartment. As a result, a condominium can be sold, encumbered with mortgages or other rights or inherited like any other property. The previous land register sheet for the property is closed.

• written application for registration
• Registration authorisation in the form prescribed in the Land Registry Code
• Distribution plan (construction drawing signed and sealed or stamped by the building authority, showing the layout of the building and the location and size of the privately owned and jointly owned parts of the building)
• Certificate of completion (certificate from the competent building authority that the rooms on which special property is to be established are self-contained) with signature and seal or stamp
• if applicable, the clearance certificate from the tax office (further information on this can be obtained from the notary working in your case)
• Notarized declaration of division or notarized contract on the agreement of all co-owners

For the establishment of residential property, an application for registration must be made by you or the notary notary. The creation of the housing land registers takes place if all necessary documents have been submitted in due form and there are no grounds for refusal.

(as of November 2020)

min. EUR 15 – max. EUR 26,585 (with a maximum transaction value of EUR 60,000,000):
For the registration of the contractual granting of ownership of a dwelling or for the creation of the housing land registers in the case of: of division by the owner, a full fee is charged by the Land Registry. The actual fee amount depends on the business value. Goodwill is the value of the developed land. This also applies to a building still to be built.

In addition to the costs for the activities of the land registry, costs are also incurred for the activities of the notary in accordance with the Court and Notary Costs Act (GNotKG). Please inquire about the amount of the notary costs from the notary working in your case. Information and examples of notary fees can also be found on the website of the Federal Chamber of Notaries.

You must apply for registration at the Land Registry. As a rule, the notary who authenticated or certified the division agreement or declaration of division initiates the registration.

• The documents required for registration are checked by the responsible registrar at the land registry.
• If documents are not complete or in due form, the competent registrar will contact the notary or
  inform you in writing and request the submission of the missing documents or the formal documents (to be certified or notarized).
• If all necessary documents are available, the responsible registrar will create the partial ownership land registers. The following shall be entered in these special pages of the land register:

- the fraction of the co-ownership of the property

- the property belonging to the co-ownership share (special property)

• The successful registration will be made known to the notary submitting the application and to you with the registration notification.
• The invoice of the land registry will be sent to you for payment of the costs.

individually, depending on the encumbrance situation of the responsible land registry office and the time when all necessary documents are formally available to the land registry office

• Housing land register Creation
• Creation carried out by the Land Registry
• all prerequisites must be met
• all required documents must be submitted to the Land Registry in due form
• There must be no grounds for refusal
• responsible: Land registry office at the district court in whose district the property is located

Competent is the land registry office of the district court in whose district the property is located. The responsible land registry office can be found on the address database of the Germany-wide location and court search on the justice portal North Rhine-Westphalia.