Legally compliant real estate sales - nothing works without documents
3 min.
Selling a property often goes hand in hand with fundamental changes in your life situation. Most sellers have to take care of all kinds of things at the same time and are therefore under time pressure. Fighting your way through the jungle of authorities to gather all the documents for the sale can be very nerve-wracking. A professional estate agent is a great help in this situation - they will routinely and reliably obtain the necessary documents for you. But what documents are involved?
The land register extract alone is not enough. Many owners are not even aware of how many different documents are required for a sale and which offices or authorities are responsible. Missing documents can become a real problem at the notary appointment at the latest. Banks in particular usually require numerous documents beforehand, on which they make their financing decision dependent.
The land register extract - your most important proof
The extract from the land register is essential proof that you are the actual owner of the property or apartment being sold. In order for a purchase contract to be concluded and notarized by the notary, it is therefore essential to have an extract from the land register.
The entries in section III of the land register also show any existing encumbrances (mortgages, land charges and pension debts), and any existing residential or usufructuary rights are noted in section II. You can apply for an extract from the land register directly at the land registry, but it also makes sense to apply through a notary.
Parcel map, building plans, floor plan and energy performance certificate
Almost as important as the extract from the land register is the cadastral map, which is issued by the land registry office and serves as official proof for identifying a property. In particular, the parcel and plot number is used for this purpose. The cadastral map also shows the exact boundaries and location of the property and indicates the existing buildings. The cadastral map is one of the documents that is often forgotten when selling a property on your own. However, if you have a professional estate agent assist you with the sale, you can be sure that all the necessary documents for a legally compliant sale are available at the right time.
Banks usually require additional documents such as a construction plan, a scaled floor plan, a building permit certificate and a building description. They want to check the condition and construction characteristics of the property in detail before they make a financing commitment to your buyer. These documents are usually available from the building regulations office. For older buildings, however, often not all the information is available. Missing floor plans may then have to be drawn up again.
An energy performance certificate is no longer only required for the conclusion of a purchase contract, but also at the beginning of the marketing process. Certain data on energy consumption must already be stated in real estate advertisements. Violations of the relevant laws can be punished with fines of up to 15,000 euros. If an energy certificate is not yet available for your property, architects, energy consultants and other licensed experts can issue one.
Do you need help with the procurement of documents for your upcoming property sale? Please contact us! We will be happy to help you.
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Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.
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