Glossary
Auflassungsvormerkung
Auflassungsvormerkung: Auflassungsvormerkung (German for 'conveyance priority notice', i.e. a priority notice of conveyance) is a protective entry in Section II of the German land register (Grundbuch). It secures the buyer's claim to ownership between signing the purchase contract and the final transfer of title, guarding against fraud or a double sale.
What is Auflassungsvormerkung (priority notice of conveyance)?
The Auflassungsvormerkung (priority notice of conveyance) is a provisional protective entry in the German land register. It secures the buyer's claim to the transfer of ownership of a property. It is recorded in Section II of the Grundbuch (Abteilung II), the section where charges and restrictions are noted.
Why is it needed? Between signing the notarised purchase contract and the actual re-registration in the land register, six to eight weeks usually pass. During this time the buyer is not yet the official owner. Without the notice, the seller could in theory sell the property a second time or have new land charges (Grundschulden) registered against it. The Auflassungsvormerkung stops exactly that.
The difference between the Auflassung itself and the notice matters. The Auflassung is the actual agreement between buyer and seller on the transfer of ownership, declared in person before the notary. The Auflassungsvormerkung is only the provisional safeguard of that claim in the land register.
Calculating the cost: an example
The cost of entering the Auflassungsvormerkung depends on the purchase price and the GNotKG (Gerichts- und Notarkostengesetz, the Court and Notary Costs Act). A half fee applies.
Example for a purchase price of €300,000:
- Full fee (1.0) for the ownership transfer: about €635
- Half fee (0.5) for the priority notice: about €318
The buyer pays for the Auflassungsvormerkung. It is part of the notary and land-registry costs, which together come to roughly 1.5 to 2% of the purchase price. Deleting the notice later, once ownership has been transferred, is free.
Good to know
- The process in detail: After the purchase contract is notarised, the notary applies to the Grundbuchamt (land registry) to enter the Auflassungsvormerkung. Only then does the notary ask the buyer to pay the purchase price. Once all conditions are met (payment of the purchase price, Grunderwerbsteuer (real estate transfer tax), any rights of first refusal), the notary applies for the final transfer of ownership. The notice is deleted at the same time.
- No ownership, but strong protection: The Auflassungsvormerkung does not make the buyer the owner. It does give the buyer rank protection (Rangschutz): any entries that reach the land register after the notice are ineffective against the buyer (§883 (2) BGB). Even insolvency or enforcement proceedings against the seller do not endanger the buyer's claim.
- Always through the notary: Buyers cannot apply for the Auflassungsvormerkung themselves. The notary handles the entry as part of the purchase process. In almost all property purchases in Germany the Auflassungsvormerkung is entered as standard.
Legal basis
The Auflassungsvormerkung is governed by §§883 to 888 BGB (the German Civil Code). §883 BGB defines the Vormerkung (priority notice) as a means of securing a claim to the change of a real right in a plot of land. §883 (2) sets out the rank protection: later dispositions over the property are ineffective to the extent that they would impair the noted claim. The costs follow the Gerichts- und Notarkostengesetz (GNotKG, the Court and Notary Costs Act), specifically the fee schedule in Annex 2 to §34 GNotKG.
Frequently asked questions
Auflassungsvormerkung translates as priority notice of conveyance. It is a provisional entry in Section II of the German land register (Grundbuch) that reserves the buyer's claim to ownership before the final transfer of title is registered.
Several weeks usually pass between the purchase contract and the land-register entry. Without an Auflassungsvormerkung, the seller could sell the property a second time during that gap or load it with new debt. The notice prevents that.
The entry costs a half fee under the GNotKG. At a purchase price of €300,000 that comes to roughly €300 to €400 for the land-registry fee. Deleting the notice after the ownership transfer is free.
The entry usually takes a few days to two weeks, depending on the workload at the responsible Grundbuchamt (land registry). The whole period up to the final ownership transfer then normally runs six to eight weeks.