How to Sell Property in Germany: Documents, Price, Notary, and Taxes

Selling an apartment or house in Germany usually consists of four major stages: valuing the property, preparing the documents, finding a buyer, and completing the transaction with a notary. The process is not necessarily difficult, but it requires accuracy: mistakes in area figures, the energy certificate, the property description, or tax assessment can cost time and money.

Where to start planning the sale

A realistic timeline depends on the city, the condition of the property, the price, and the readiness of the documents. Sometimes a buyer is found quickly, but you still need to allow several months for checks, financing, the notary, payment, and the entry in the Grundbuch.

Before starting, it is worth deciding three things:

• whether you are selling on your own or through a Makler;
• what minimum price you are ready to accept;
• which documents you already have and which ones you need to request from the Hausverwaltung, Grundbuchamt, notary, or architect.

If the property is rented out, inherited, owned by several people, encumbered by a loan, or part of a Wohnungseigentümergemeinschaft, preparation usually takes more time.

How to determine the price

The first step is not the listing but calculating a realistic market price. Relying only on neighboring listings is risky: the published price is not equal to the transaction price, and similar apartments may differ in condition, floor, legal status, energy efficiency, and the building’s reserves.

Several approaches are used for valuation:

• Comparative method: suitable for typical apartments and houses if there are enough comparable properties in the region.
• Income method: important for investment property, apartment buildings, and properties with tenants.
• Cost method: applicable to unusual houses, plots, and properties that are difficult to compare directly.

The price is especially influenced by:

• the type of building and year of construction;
• the city, district, transport links, and infrastructure;
• the condition of the roof, facade, windows, heating, and electrical systems;
• the Energieausweis and the energy efficiency class;
• the amount of Hausgeld, Rücklagen, and future repairs;
• the presence of a tenant, easements, debts, or third-party rights;
• the situation on the local market and the availability of mortgage financing for buyers.

Documents for selling an apartment or house

The set of documents depends on the property, the federal state, and the buyer’s, bank’s, and notary’s requirements. The earlier you assemble the package, the lower the risk of losing an interested buyer.

Energieausweis

The building’s energy certificate is required for the sale and rental of most properties. In Germany, the rules are set by the Gebäudeenergiegesetz: the potential buyer must be able to view the energy certificate during the viewing, and after the contract is concluded it is handed over to the buyer. If an Energieausweis already exists, its key data is usually also included in the listing.

There are two main types:

• Bedarfsausweis: a calculated certificate based on the building’s characteristics;
• Verbrauchsausweis: a certificate based on actual consumption over past billing periods.

Not every property allows you to freely choose any type of certificate. Older small houses may be subject to stricter requirements. Fines are possible for missing mandatory data or improper handling of the Energieausweis, so it is better to check the situation for the specific property.

Area and Grundriss

In Germany, the area must be stated carefully. For housing, Wohnfläche is important, but Nutzfläche, Grundstücksfläche, Kellerfläche, Balkon, or Terrasse may also appear alongside it. Balconies and terraces are usually counted differently from a standard living room; the exact calculation depends on the applicable rules and documentation.

The Grundriss must correspond to the actual condition. If walls, doors, the kitchen, or the bathroom were moved during renovation, an old plan may mislead the buyer. For a sale, an existing plan may sometimes be enough, but for the confidence of buyers and banks it is better to have an up-to-date version.

An apartment floor plan in a German property sales listing.

Lageplan and plot documents

For a house or a property with land, you will need a Lageplan: it shows the plot, buildings, boundaries, access roads, garages, and neighboring properties. For an apartment, this document is usually less central, but it may be needed if a parking space, garage, or share of land is sold together with the apartment.

Teilungserklärung and WEG documents

If an apartment in a building with multiple owners is being sold, the Teilungserklärung is important. It describes what belongs to private property, what is Gemeinschaftseigentum, and what share belongs to the specific apartment.

Buyers also usually ask for:

• minutes of the Eigentümerversammlung for recent years;
• Wirtschaftsplan;
• Hausgeldabrechnung;
• the amount of the Instandhaltungsrücklage;
• information about planned repairs;
• rules for using parking spaces, basements, bicycle rooms, and common areas.

These documents help to understand not only current costs but also future risks: roof repairs, heating modernization, elevators, facades, or pipes.

Grundbuchauszug

The Grundbuchauszug shows the owner, encumbrances, Grundschuld, third-party rights, and other entries related to the property. Sometimes the apartment, parking space, and garage have separate entries, so before the sale you need to check that the land register reflects everything that is actually being sold.

The extract is usually requested through a notary or the Grundbuchamt. If an error is found, correcting it may take time, so it is better not to postpone the check until the transaction.

Other documents

Depending on the situation, you may also need:

• the rental agreement and correspondence with the tenant;
• inheritance documents or the consent of other owners;
• permits for alterations;
• insurance contracts;
• documents on the loan and Grundschuld;
• the building’s technical description;
• invoices for repairs and modernization;
• documents on housing maintenance costs and Nebenkosten.

Where to place the listing

For a private sale, major real estate portals such as ImmobilienScout24, ImmoWelt, and ImmoNet are most often used. What matters is not the number of platforms but the quality of the listing, the price, and the speed of responses to inquiries.

The listing should clearly state:

• the property type, area, number of rooms, and floor;
• the address, or at least the exact district if the full address is not published immediately;
• the condition of the renovation, heating, windows, and energy efficiency;
• Hausgeld, Nebenkosten, and important WEG documents;
• the presence of a balcony, terrace, basement, parking space, garage, or elevator;
• the status: vacant, rented out, or the possible handover date;
• restrictions and known defects.

You must not distort the facts. If the seller hides significant defects they knew about, this can lead to claims after the sale even in a standard sale without a warranty.

Photos, video, and preparing the property

Photos often determine whether a buyer opens the listing and books a viewing. It is better to show the property in daylight, without unnecessary items, with clean windows, floors, and bathrooms.

An example of a successful exterior house photo: sunshine and a clear sky.

Before the photo shoot and viewings, it is worth:

• removing personal items and excess furniture;
• fixing minor defects;
• preparing the documents in digital form;
• airing out the rooms;
• preparing answers in advance about repairs, heating, noise, parking, and running costs.

If installing an air conditioner is planned or changes have already been made to the building’s exterior, check whether they were approved by the WEG and reflected in the documents.

How to communicate with buyers

The buyer will assess not only the property but also the seller’s reliability. Prepare a short exposé, a list of documents, and answers to typical questions:

• which shops, schools, kindergartens, and stops are nearby;
• what the noise level and parking situation are like;
• what kind of heating there is and when it was last serviced;
• which repairs have already been done and which are expected;
• how much the Hausgeld and utility costs amount to;
• what is included in the price: kitchen, furniture, basement, garage, parking space;
• when the keys can be handed over.

If the German language makes it difficult to negotiate confidently, it is better to involve someone who can explain the documents and conditions accurately. This is especially important for the notarized transaction: the notary must make sure that the parties understand the content of the contract. If understanding of German is insufficient, an interpreter may be required.

Notarizing the transaction

The sale of real estate in Germany is formalized by a notary. After an oral agreement, the notary prepares a draft Kaufvertrag and sends it to the parties for review. For consumer transactions, a review period before signing is usually required; the specific deadlines and whether they apply depend on the parties involved and the situation.

The contract describes:

• the seller and the buyer;
• the property, address, and entries in the Grundbuch;
• the price and the payment procedure;
• encumbrances and Grundschuld;
• handover deadlines;
• the condition of the property and known defects;
• the allocation of costs;
• terms regarding furniture, the kitchen, parking, or tenants.

A contract for the sale of real estate in Germany.

After signing, the notary coordinates the next steps: Vormerkung, obtaining permits and consents, communication with banks, notices, and the subsequent registration of the new owner in the Grundbuch. The buyer usually pays after the conditions specified by the notary have been fulfilled. If the buyer finances the transaction through a bank, the wait may be connected with arranging a mortgage and obtaining a loan.

Handover of the apartment or house

The keys are usually handed over after the purchase price has been received or once the contractual conditions have been met. An Übergabeprotokoll is prepared at the handover.

The protocol records:

• the date and time of handover;
• meter readings;
• the number of keys;
• the condition of the rooms;
• the documents handed over;
• remaining furniture or equipment;
• agreements on minor works, if any.

This is what a house handover protocol looks like for the new owner.

For new construction and sales by a developer, warranty rules differ from a regular private sale of a used home. Private sellers often exclude a warranty in the contract, but known hidden defects cannot be deliberately concealed.

Selling through a Makler

A Makler can value the property, prepare the exposé, gather documents, respond to buyers, organize viewings, conduct negotiations, and support the transaction up to the handover of keys. This saves time but affects the economics of the deal.

The price of a Makler’s services depends on the federal state, the contract, and the type of property. For apartments and houses bought by a consumer, Germany applies a commission-sharing principle in certain cases: if the Makler was engaged by the seller, the buyer usually should not pay more than the seller. It is better to check the details in the specific contract.

Tax on the sale of real estate

The tax side depends on how the property was used and how long it has been owned. For private real estate, § 23 EStG on private Veräußerungsgeschäfte is important.

In general terms, the profit from the sale of a private property is usually not taxed as a speculative transaction if:

1. more than 10 years have passed between the purchase and the sale; or
2. the property was used for the owner’s own residence in the year of sale and the two previous calendar years, or throughout the entire period between purchase and sale if that period is shorter.

If the exemption conditions are not met, the profit may have to be included in the German tax return as income from a private sale. Profit is not the entire sale price, but the difference between the sale price and deductible expenses; however, the calculation depends on the specific circumstances, repairs, depreciation, and the property’s previous use. That is why it is impossible to name a universal tax on the sale of an apartment in advance.

For complex cases, it is better to speak with a Steuerberater in advance, especially if the property was rented out, inherited, owned by several people, sold shortly after purchase, or there is a risk of it being classified as gewerblicher Grundstückshandel.

Seller’s checklist

• Check the Grundbuch and the composition of the property being sold.
• Prepare the Energieausweis and the mandatory data for the listing.
• Gather the Grundriss, Lageplan, Teilungserklärung, and WEG documents.
• Calculate a realistic price and a minimum negotiation threshold.
• Prepare quality photos and a description without exaggeration.
• Check the tax consequences of the sale.
• Agree on the draft contract with the notary before signing.
• Hand over the property using a protocol after the contractual conditions have been met.

FAQ

Can you sell real estate without a Makler?

Yes. A private sale is possible if you are ready to handle the valuation, documents, listing, viewings, negotiations, and communication with the notary. A Makler is useful when there is no time, the property is complex, or a German-speaking intermediary is needed.

Do you need to show the Energieausweis to every buyer?

A potential buyer must be able to review the Energieausweis during the viewing, and after the contract is concluded the document is handed over to the buyer. For exceptions and details, you need to check the specific property.

When does the seller receive the money?

Usually after notarized signing and after the conditions specified by the notary in the Zahlungsaufforderung have been fulfilled. Before handing over the keys, it is best to wait until the money has arrived or act strictly according to the contract conditions.