Wohnungsgrundbuch anlegen lassen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- Section 7 Housing Ownership Act (WEG)
- Section 8 Housing Ownership Act (WEG)
- Section 2 Housing Ownership Act (WEG)
- Section 3 Housing Ownership Act (WEG)
- Section 4 Housing Ownership Act (WEG)
- Section 13 Land Registry Regulations (GBO)
- Section 19 Land Registry Regulations (GBO)
- Section 29 Land Registry Regulations (GBO)
- Appendix 1 point 14112 to Section 3 paragraph 2 of the Court and Notary Costs Act (GNotKG)
- § 7 German Condominium Act (WEG)
- § 8 German Condominium Act (WEG)
- § 2 German Condominium Act (WEG)
- § 3 German Condominium Act (WEG)
- § 4 German Condominium Act (WEG)
- § 13 Land Register Code (GBO)
- § 19 Land Register Code (GBO)
- § 29 Land Register Code (GBO)
- Annex 1 Number 14112 to Section 3 Paragraph 2 Court and Notary Costs Act (GNotKG)
Condominium ownership is the ownership of an apartment in connection with the co-ownership share in the common property.
Residential property is the property (special property; also called spatial property) in an apartment in connection with the co-ownership of the common property (property as well as the building, insofar as they are not owned by a third party).
If you want to establish residential property, you need to 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 notarised division contract of all co-owners in accordance with Section 3 WEG is required for this purpose. In doing so, you agree with all co-owners and grant each other home ownership by dividing up. Each of you then receives the property (special property; also called spatial property) in a particular apartment in a building already built or still to be built on the property.
- You can make a division according to Section 8 WEG by means of a notarised declaration if you are the sole owner of a property. With the declaration you make to the Land Registry, you divide the property (so-called division declaration). You combine each share with the property (special property; also called spatial property) in an existing or future apartment. You also assign to each share a co-ownership share of the property as a fraction.
- The registration in the land register is carried out by the creation of the housing land registers by the competent land registry office. This means that a special land register is created for each apartment. As a result, a condominium can be sold like any other property, charged with liens or other rights or inherited. The previous land register for the property will be closed.
- written application for registration
- Registration permit
- Distribution plan (building drawing signed and stamped by the building authority, showing the division of the building and the location and size of the parts of the building in the special property and the parts of the building owned jointly and in the Community)
- Certificate of completion (certificate from the competent building authority that the premises in which special property is to be established are self-contained)
- the certificate of safety of the tax office (for more information, please contact the notary working in your case or .dem notary working in your case)
- notarised declaration of division or notarised contract for the agreement of all co-owners
In order to establish home ownership, an application for registration by you or the notary or the notary who certifys must be made. The creation of the housing land registers takes place when all the necessary documents have been submitted in accordance with the form and there are no obstacles to registration.
(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 an apartment (§§ 3, 7 WEG) or for the creation of the apartment land register in the case of § 8 WEG. The specific amount of the fee depends on the business value. The business value is the value of the developed property. This also applies in the case of a building that has yet to be erected.
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 German Law on Court and Notary Costs (Gerichts- und Notarkostengesetz, GNotKG). Please ask the notary working in your case for the amount of the notary costs. You can also find information and examples of notary costs on the website of the Federal Chamber of Notaries (for link see further information).
de.xoev.schemata.xzufi._2_2_0.StringLocalized@27548490You must apply for registration with the Land Registry. As a rule, the notary or notary who has certified or certified the division agreement or the declaration of division shall arrange the registration.
- The documents required for registration shall be examined by the competent lawyer at the Land Registry Office.
- If documents are not available in full or in accordance with the form, the competent lawyer shall be the notary, the notary or
Inform you in writing and request the presentation of the missing documents or the documents in a form-appropriate manner (notarized or certified). - If all necessary documents are available, the responsible lawyer will create the partial property registers. These special land register sheets are entered
- the fraction of co-ownership of the property
- the property belonging to the co-ownership share (special property) - The registration will be made known to the notary .dem the application and will be notified to you with the registration notice.
- The invoice of the Land Registry will be sent to you to pay the costs.
individually, depending on the load situation of the competent Land Registry office and the time when all necessary documents are available to the Land Registry in accordance with the form
de.xoev.schemata.xzufi._2_2_0.StringLocalized@52ff656d- Apartment land register creation
- Creation is carried out by the land registry
- all requirements must be met
- all required documents must be submitted to the land registry in due form
- there must be no obstacles to registration
- Responsible: Land registry office at the district court in whose jurisdiction the property is located.
The land registry office of the local court in whose jurisdiction the property is located is responsible. You can find the responsible land registry office in the address database of the Germany-wide location and court search on the North Rhine-Westphalia justice portal (for link, see further information).
The land registry office of the local court in whose jurisdiction the property is located is responsible. You can find the responsible land registry office in the address database of the Germany-wide location and court search on the North Rhine-Westphalia justice portal (for link, see further information).