Grundbuch

What is Grundbuch (land register)?

Grundbuch is the German land register, the official public record of who owns a property and what is attached to it. Every plot of land in Germany has its own Grundbuchblatt (land-register page) held at the local court, the Grundbuchamt (land-registry office). That page documents everything legally relevant about the plot: who owns it, which encumbrances sit on it, and which loans are registered against it.

You only become the legal owner once the change of ownership (Eigentumsumschreibung) is entered in the register. That happens after the purchase contract is notarised, the transfer tax is paid, and the notary submits the request to the Grundbuchamt.

The Grundbuch carries what German law calls öffentlicher Glaube (public faith). Anyone who relies on the entries is legally protected, even if a particular entry does not match reality. That is why a German notary checks the Grundbuch closely before any property purchase.

The three sections of the Grundbuch

Every Grundbuchblatt opens with the Bestandsverzeichnis (schedule of the property). It gives the exact description of the plot: the Gemarkung (cadastral district), Flurstücksnummer (parcel number), location, size, and type of use.

Abteilung I (Section I): ownership. This records who owns the plot. When a property is sold, the new owner is entered here. Inheritances and awards from forced auctions (Zwangsversteigerung) are documented here too.

Abteilung II (Section II): encumbrances and restrictions. This section lists all third-party rights affecting the plot. Typical entries are rights of way (a neighbour may cross the plot), residential rights (Nießbrauch, usufruct), priority notices (Auflassungsvormerkung), heritable building rights (Erbbaurecht), or redevelopment notes. Anyone buying a property should read this section especially carefully.

Abteilung III (Section III): mortgages and land charges. This is where Hypotheken (mortgages) and Grundschulden (land charges) appear. These secure bank loans. When a property is bought with a mortgage, the bank registers a Grundschuld here. Once the loan is fully repaid, the Grundschuld can be deleted.

Grundbuchauszug: cost and how to request it

You can request a Grundbuchauszug (land-register extract) from the responsible Grundbuchamt or through a notary.

Fees under the GNotKG (Court and Notary Fees Act):

• Uncertified Grundbuchauszug: €10
• Certified Grundbuchauszug: €20

A certified extract is usually needed for a property purchase, and the notary obtains it while handling the sale. In some Bundesländer, you can also view the register electronically through the online Grundbuch.

Land-register costs on a purchase (example with a €350,000 purchase price):

• Registering the new owner: about €685
• Registering a Grundschuld (e.g. €280,000): about €585
• Total land-register costs: about €1,270

Important points

• Legitimate interest required: The Grundbuch is not open to the public. Only someone who shows a legitimate interest is granted access (§12 GBO). That includes owners, buyers with a concrete preliminary contract, registered creditors, heirs, and notaries. General buying interest or curiosity is not enough.
• Check the Grundbuch before buying: Before any property purchase, the register should be reviewed carefully. Entries in Abteilung II (such as rights of way or residential rights) can sharply limit the value and use of a property. Existing Grundschulden in Abteilung III must be deleted before or at the transfer of ownership.
• Digitisation: Many land-registry offices now keep the Grundbuch electronically. This speeds up entries and, in some Bundesländer, allows online access for authorised people.

Legal basis

The Grundbuch is governed by the Grundbuchordnung (GBO, the Land Register Code). The substantive rules sit in §§873 ff. BGB (the German Civil Code). §873 BGB states that transferring ownership of a plot requires both the agreement of the parties and the entry in the Grundbuch. Access is governed by §12 GBO: inspection is granted to anyone who shows a legitimate interest. Fees for register entries and extracts follow the Gerichts- und Notarkostengesetz (GNotKG, the Court and Notary Fees Act).