In the case of purchase contracts between companies and private persons, the contract must be made available to the contracting parties by the notary office at least 14 days before the date of certification. Mostly it is the buyer who buys a flat or a house as a consumer from a real estate enterprise, however, in particular cases a private shop assistant can sell of course his residential property of an enterprise. Aim this 14 day protective term is which to protect mostly inexperienced consumer against rash or economically disadvantageous decisions with dealings in real estate, while enough time is given him to the thorough check of the contract. The 14-day period may only be waived if there is a material reason, and this only applies if the consumer's need for protection has been adequately taken into account - the will of the contracting parties to the earlier certification is not sufficient!
In the declaration of division, it can be determined that the sale of a condominium require the approval of the home ownership administration. The logic behind this is simple: It is very difficult to get rid of an unreliable co-owner. The owners therefore have an interest in ensuring that such co-owners do not become part of their owner's administration. The administrator may not deny consent arbitrarily, there must be an important reason for the refusal with respect to the buyer's personality. For instance, this could be the case if there is evidence that the buyer will not full his/her obligations to the other co-owners and to the community – e.g., because of insolvency or has routinely violated previous house rules as a tenant.
The administrative board is appointed by the home owners' association and is intended to assist the administrator in carrying out his/her duties. These include examining the economic plan, annual statements, billing, and cost estimates. It consists of three co-owners, one of whom is chairperson.
Ancillary acquisition costs
In addition to the agreed purchase price, additional costs should also be included in a real estate transaction. These include:
1. The land purchase tax (currently 6% of the purchase price in Berlin),
2. The costs for the notary and entry in the land register, costs for preparation, certification, and execution of the purchase contract, as well as costs for registration of the new owner and new land charges. These costs sum up to approx. 1.5 % of the purchase price
3. The broker's commission if applicable.
When buying a property from a property developer, e.g., in the case of a new building project or a monument renovation, the buyer often purchases a project that is not yet existent: The new building is not yet complete, the monument not yet fully renovated, etc. The purchase item must therefore be described as precisely as possible, which is done in the base document. The most important section in this case is the description of the construction and facilities, with regulations on securing of the property, and can also contain additional regulations for the property e.g., neighborhood agreements, supply contracts, etc. The construction description, which can also be separate from the base document, specifies the quality standards and delivery obligations of the property developer. The base document / construction description is taken into account in the purchase contract and is therefore part of the contract.
Business plan / housing benefit
The business plan, which is prepared by the administrator annually, must be approved by a majority in the owners' meeting. It is aimed at ensuring proper administration of the residential property and is governed in accordance with § 28 of the German Condominium Act. The central aspect of the business plan is to present the costs of managing and maintaining the property. It also includes costs that are usually charged by the municipality. Examples include costs for waste disposal, chimney sweeping, as well as house and path lighting. Heating costs are only listed here if there is a communal heating system. In terms of the income, the business plan contains possible withdrawals from the maintenance reserve, interest from bank accounts, and income from the renting of the property. The contributions of the owners are also listed here. These are referred to as housing allowance (should not be confused with government subsidies). It must hereby be noted that every item listed in the business plan must also have a corresponding distribution key.
The cadaster is the official directory for plats. This is where the location, size, type of use, and the construction properties of a plat are described. There are two sections of the cadaster that are very important in real estate transactions: the cadaster sheets containing the name, location, address, and owners of the plats, and the cadastral maps that clearly show the spatial position, shape, boundaries of the plats, plat number, constructions, and street names.
Buying a property is a big deal, most people only get to buy an apartment or house once or twice in their lifetime. It involves a lot of money, either as equity or loans. In order to legally protect the often inexperienced parties in such transactions, the purchase contracts are only valid if they are certified by a notary. The key issues of the contract – purchase price, date of transfer of ownership, etc. – should be clarified before the certification. During the certification, the notary reads the entire purchase contract word for word. By experience, the notary explains the sections that need explaining and the parties are free to ask questions at any point. Any minor changes which may have become necessary can be included in the contract by the notary during the certification. However, in some cases, the seller may not want to make any additional changes. After the contract has been read out by the notary, the buyer, seller, and the notary may sign the contract by hand. This validates the contract.
In German law, a building and the piece of land on which it stands belong together inseparably. Ownership of a building cannot be detached from that of the piece of land. A trick was therefore introduced to enable division of a house into condominiums and enable separate acquisition of these apartments: One not only purchases the apartment but also a co-ownership of the common sections of the property, together with the so-called special property at a particular apartment. The division of the different units that belong to each special property is often in proportion to the residential areas, but can be determined arbitrarily by the owners.
While the apartment itself and, if applicable, the cellar and garage are considered a possession of the owner of the apartment, the owner also has a share in the communal property following the purchase of the condominium. There are certain parts of a building that are considered communal property, which are not a property of the owner alone. This basically includes everything that is not declared as special property.
The community regulations are stipulated by the owners of the homeowner association. This allows the owners to define their own rules in accordance with the German Condominium Act e.g., regarding the distribution of voting rights, use of the residential property, or special rights of use.
This is the decision-making body of the owners and is regulated by the Condominium Act. The administrator is particularly tasked with preparing and conducting this assembly. If the housing association has not defined a regulation on the frequency of the owner's assembly, the statutory provisions shall apply. According to the statutory provisions, the administrator must convene a condominium owners' assembly at least once a year. The obligation to convene a condominium owners' assembly also applies to the administrator if required by more than one quarter of the owners, if deemed necessary according to the principles of proper administration, or if the first meeting did not constitute a quorum (§ 24 para. 2 of the Condominium Act).
Conservation areas (social and urban constructions)
The ascertainment of conservation areas and adoption of a corresponding conservation ordinance aims to preserve the urban development of an area. A conservation ordinance is therefore a legal tool of the construction code that is regulated in §172 para. 1 and 4. In addition, the composition of the residential population in the respective area should also be protected. This is referred to as milieu protection.
According to the Federal Soil Protection Law, contaminated sites are defined as old deposits of waste and old sites where environmental pollutants have been handled causing harmful changes to the soil or different hazards for the individual or the public. One reason for this may be incorrect treatment or storage of deposits or improper handling of environmentally hazardous substances. If a contaminated site is identified, there is a legal obligation to rehabilitate it. This obligation applies first and foremost to the responsible party. If he/she is no longer triable or is insolvent, the owner of the contaminated site must pay for the rehabilitation.
This refers to the agreement between the seller and the buyer on the transfer of ownership of a property. For this to be binding, it must be declared before a notary in the presence of both contracting parties. Conveyance cannot be declared under conditions or time limits. However, the conveyance is not sufficient for the actual transfer of ownership – the buyer must also be registered as the new owner in the land register. Even if the conveyance cannot be declared under conditions, the contracting parties may agree on conditions which must be fulfilled before the notary submits the application for registration of the new owner. This allows for protection of the seller against the possibility of the buyer being entered in the land register as the new owner without paying.
Declaration of division
For a house to be divided into independent residential or partial ownership units, the planned units must be structurally separated from each other and from the communal property. All units must have a separate, lockable entrance. One prerequisite for the division of a condominium is that the flat be having at least one kitchen or kitchenette, bathroom, and toilet, i.e. a normal household should be possible in the condominium. The division is confirmed by the construction authority based on the separation plan and must be availed to the land registry office for entry of the property ownership.
Declaration of division
In the declaration of division, the owner of a piece of land declares that the ownership is divided into co-ownership shares and that each share is linked to the special ownership of a specific apartment or ownership share in non-residential premises or business units. In short, that a house has been divided into different residential apartments and commercial units. This division means that each apartment or commercial unit can be sold and debited separately. In addition to the actual declaration of division, is also contains the division plans with the separateness certificate specifying the location and size of the special ownership units as well as the house rules with the regulations that apply to the owners' community. One decisive task of the declaration of division is the precise separation of communal and special property in the building in order to avoid later disputes. The declaration of division is binding for all the owners and can only be changed with the consent of all owners.
Deed of trust/mortgage
Just like a land charge, a deed of trust is a lien on property and can be used as security for real estate financing. Although mortgages are a common topic of discussion, they are rarely still used as security for real estate financing. Unlike a land charge, the mortgage is not independent from the respective claim. Once the claim is repaid, the deed expires and can therefore not be used to secure other loans.
Draft of the purchase agreement
The purchase agreement draft is commisioned by the notary.
The drainage law is a type of easement and stipulates that the owner of a property reserves the right to let rainwater drain onto the neighbor's property.
An easement is an encumbrance on a piece of land for another piece of land. It can stipulate that the encumbered, "servient" piece of land be used in a certain way by the owner of the "dominant" piece of land, that the "servient" piece of land may not be used by its owner for certain purposes, or that the owner of the "servient" piece of land is not allowed to exercise certain rights. Unlike a public easement, the easement in this case is not an obligation to a public authority but to the owner of another property. The easement is recorded in the land register and also applies to future owners of the servient piece of land. One very typical case of easement is the right of way to a dominant property through a servient piece of land.
Encumbrance power of attorney
In most cases, the purchase price of a property is financed through a real estate loan. The financing bank grants you credit by registering a land charge in the land register of the financed property. The buyer must now apply for a land charge, for a piece of land for which s/he is not yet the owner. S/he can only become the owner after paying for the property, for which s/he requires financing. To avoid this dilemma, the seller grants the buyer authority to encumber a basic debt on the property, which still belongs to the seller. Additional provisions of the power of attorney should ensure that the land charge is only used to finance the purchase price, that the loan is paid directly to the seller, that no costs are borne by the seller, and that the seller assumes no additional liability.
Energy certificate (consumption & requirement)
The energy certificate of a house should help compare the house's energy consumption with that of other houses. For this purpose, the energy consumption is either recorded or calculated: the so-called consumption pass is determined from billings of past years. The so-called requirements pass entails a summary of the buildings' data, from which a theoretical value is calculated. Both formulas have advantages and disadvantages: The consumption pass indicates the actual consumption of a house, but depends on the usage behavior of the inhabitants. The requirements pass is independent from the usage behavior, but is based on many theoretical assumptions thus making it only reliable to a limited extent. Both formulas of the energy certificate indicate both the energy requirement and the so-called primary energy demand. The primary energy demand takes into account the environmental compatibility of the main energy supplier. It can therefore be higher or lower than the energy requirement.
This is a parcel of land that is recorded in the cadaster or in the land register and is made up of a number of plots of land or rural land. It is therefore a group of properties, which usually consist of several connected plots.
The evaluation committees for the ground value of federal state receive copies of every certified land purchase contract from the notaries. This provides information on the annual purchase prices. The average price for undeveloped land is used to determine the guide value of a region. It therefore gives the guideline value of the undeveloped property in an area, even if the land is cultivated. The ground value can be used to determine the value of a property if there is an insufficient number of comparable transactions for a comparison process. However, this value can be adjusted based on the respective properties of the plot and the development.
House rules are a group of private regulations that apply to a building that is not subject to public or government management. The purpose of house rules is to ensure harmonious coexistence of the rental partners. Here, it must be ensured that the house rules do not contradict the general statutory provisions. House rules are mostly appended to the rental agreement.
Land acquisition tax
The land acquisition tax is paid upon acquisition of undeveloped and developed land and – importantly – also upon acquisition of leasehold rights, i.e. also for purchase of residential and partial part ownership. The amount of tax depends on the respective state. In Berlin, it is about 6% of the notarized purchase price. In most cases, the purchase contract stipulates that the buyer pays the land acquisition tax. Nevertheless, tax authorities hold both the buyer and seller liable. After the certification, the notary notifies the tax authority about the sale. The notary has a maximum of 2 weeks to do this. The tax office sends the buyer a notice of the applicable land acquisition tax and, once payment has been made, sends the notary the clearance certificate. Only then can the change of ownership of the property be recorded in the land register. There are only a few exceptions for land acquisition tax, including donation, inheritance, and sale to marital partners or direct relatives by blood.
The land charge is the most common form of property lien in financing of real estate property. It is an encumbrance that is recorded in the land register, in which the beneficiary of the respective piece of land shall be paid a certain amount from the land. This sounds very abstract because the land charge is an abstract construction: It is completely independent from the claim to be secured. The link between the abstract land charge and a specific demand is the so-called purpose declaration or security agreement. This agreement specifies the claims to be secured by the land charge. The advantage of what appears to be an uncommon independence of a land charge from specific demands is that a land charge that has been documented can still be used to secure new loans even after the loan has been repaid.
Land charge – accreditation certificate
The land charge is the right in rem of a property or leasehold right e.g., a home ownership that requires payment of a certain amount of money. It is generally used as collateral by banks. Similarly, a land charge represents the consent of the land owner to the encumbrance of his/her piece of land through a land charge. It is either certified by the notary or publicly and presented to the relevant district court (land registry office).
Land register (incl. division)
The land register is a public register where pieces of land, land ownership rights, and applicable encumbrances are recorded. Every piece of land has a so-called land register sheet.
This sheet is divided into 5 sections:
1.) Title or cover page – this contains the name of the relevant district court, the name of the register district, and the number of the land register sheet
2.) Directory of properties – this contains the pieces of land with the information provided by the official cadaster. They include the Gemarkung, floor, plot, and information on the location (e.g., "Kurfürstendamm 175"), type of usage, and size.
3.) Division 1 – this specifies the ownership conditions. Who acquired possession when? On which basis did s/he become the owner – succession, purchase at a forced sale, normal purchase?
4.) Division 2 – this specifies the encumbrances and limitations associated with a piece of land, e.g., property encumbrances, preemptive rights, leaseholds, residential property rights, and priority notices of conveyance.
5.) Division 3 – this documents the mortgages associated with the property.
Law against misuse of residential space
Since May 1st, 2014, there exists a legal ban on change of use of residential space. As a result, change of use of residential space in Berlin is subject to approval and a corresponding application at the district office where the apartment is located. The aim and purpose of this law is to secure housing for the public and help avoid misuse of housing that might result to vacancy, demolition, and conversion into commercial space or holiday apartments.
The leasehold is the right to hold or erect a building on a property. This is mostly done against payment of a regular so-called ground rent. The leasehold may be extended to be part of the property that is not necessary for the building provided the building remains the main economic center. Limitation of the leasehold to a part of the building, particularly a floor, is prohibited. The leasehold cannot be limited by dissolving conditions. The landowner cannot appeal to an agreement through which the leaseholder is obliged to surrender this right in the event of certain conditions and to grant his removal from the land register. A leasehold agreement is usually valid for a period of 99 years.
Leasehold rights are rights that are legally treated in the same way as those of pieces of land. These include ship ownership, mine ownership, leaseholds, and in particular, ownership of apartments and parts of houses. Just like the land register for land ownership, there is also a register for leaseholds etc. (ownership of apartments and parts of a house is recorded in a separate home register). Leasehold rights can also be acclaimed with land charges just like pieces of land.
Limited personal encumbrances
Limited personal encumbrance is different from the "normal" basic encumbrance by the fact that the encumbrance is not in favor of the owner of another property, but of a defined party. This can be a natural person, i.e. a human being, or a legal body e.g., a municipality or company. The encumbrance is limited because it only entitles the beneficiary for a defined purpose. It is personal because is cannot be transferred. A limited personal encumbrance can help e.g., a municipality or its residents to secure a right to a private property. The limited personal encumbrance is also documented in the land register and therefore also applies to future owners of the respective property.
The maintenance reserve is the joint savings account of the owners' community. It is intended to finance larger measures of the owners' property e.g., renewal of the roof, the lift, heating system, etc. The owners hold a meeting to decide on the additional contribution to be added to the maintenance reserve, which should then be paid as part of the housekeeping on a monthly basis. The monthly payments in small amounts help protect the owners from having to pay large amounts if need arises. The maintenance reserve should be in accordance with the German Condominium Act, but there are no exact specifications. The owners must assess the age, condition, facilities, and the repair requirements on their property and adjust the maintenance reserve accordingly. The collected maintenance reserve is a joint possession of the owners' community and cannot be paid pro rata if an owner sells his/her part.
The purchase price should be paid by the buyer only if it can be ascertained that s/he will receive the agreed consideration, i.e. the property free of charges as described in section 3. As a result, purchase contracts always stipulate that the purchase price be paid only after certain conditions have been fulfilled. In most cases, the agreed requirements, that all the necessary approvals be available, that the provisional conveyance be entered in the land register for the buyer, that the necessary documents be available in order to resolve any registered mortgages from the land register, and that the municipality does not exercise its preemptive right. The notary shall take the necessary steps to ensure fulfillment of the payment conditions and notify the contracting parties thereof. Only after the notice of maturity must the buyer pay the purchase price.
See conservation areas
Monument Preservation Act
In order to promote preservation of monuments, the state grants high tax advantages for rehabilitation of listed properties: A large part of the renovation costs can be deducted from the taxable income through the Monument Preservation Act in accordance with §7i of the Income Tax Act. Investors renting their monumental properties can claim up to 9% of their renovation costs every year for eight years, and later up to 7% for the next 4 years from their tax returns. Property owners who reside in their own monumental property can claim 9% of the renovation costs annually for 10 years. Note: The renovation measures must be coordinated with the monuments protection authority!
Being an independent institution of a public office, the notary has been delegated sovereign powers towards preventive legal protection in Germany. The notary is tasked with preventive legal control and grants certificates that have a binding force to the courts and that are enforceable directly. However, for citizens and companies, the notary also acts as an independent and impartial partisan and arbitrator.
Notary fees are stipulated by law. As a rule of thumb, the fees for the notarial services and charges for entry in the land register sum up to approx. 1.5% of the purchase price.
Notary trust account
Real estate sales usually entail a direct payment from the buyer to the seller. Here, the notary must ensure that neither the seller nor the buyer is unsecured in advance payment – e.g., by ensuring the purchase price is not due before the priority notice of procurement of ownership has been entered in the land register, the official approval has been granted, and resolution of third-party encumbrances is guaranteed. In the case of special interests or time pressure, the settlement can be arranged through a notarial trust account. The contracting parties then specify the conditions under which the money from the buyer to this account can be paid by the notary to the seller. One particular security interest in this regard is, for example, the case where the buyer has to finance the purchase via different banks or multiple creditors. In this case, the transaction can be coordinated and bundled via a notary trust account. A notary trust account can also be offered if the buyer wants to move quickly into the purchased property: After payment of the purchase price, he receives the key since the seller can be sure that the buyer has paid the agreed amount. However, the notary only forwards the money to the seller after the change of ownership has been entered in the land register, i.e. after the possession is officially transferred to the buyer.
Notice of maturity
After certification of the purchase contract, the notary sends the contract documents to the buyer and seller as well as to the tax office and bank if the buyer is financing the purchase through a bank loan. Once all applicable requirements are fulfilled, the notary sends the so-called notice of maturity. This is a signal for the buyer to pay the purchase amount in the agreed form.
Partial ownership refers to special possession of non-residential areas. This special possession is strongly linked to co-ownership of the communal property.
In den Aufteilungsplänen müssen alle zu einer Sondereigentumseinheit gehörigen Räume mit der gleichen In the partition plans, all rooms belonging to a specific unit must be marked with the same number. The partition plan must be confirmed by the construction authority and is part of the declaration of partition, which is the basis of the division of a building into residential and individually owned units.
If the purchase contract is handled through a notary account, the notary may only disburse the purchase amount to the seller if certain requirements are met. In essence, these correspond to the maturity requirements, and the transfer must also have taken place prior to the payment.
The plat, also called cadastral map or property map, shows all the property units drawn to scale. It is part of the cadaster. The plat is the official map for the land register.
The plot is the smallest unit that is registered in the cadaster. It indicates an officially measured ground surface, that is usually also marked on site. Specification of the plot in the land register clearly defines the part of the ground surface. The property can consist of several plots.
A preemptive right enables the beneficiary to acquire a property from the owner instead of another interested buyer, under the same terms. The preemptive right is particularly relevant in two cases: When a rental house is divided into residential property, all the tenants who had a rental agreement before the division have a preemptive right. If a purchase contract is concluded between the owner and a third party, the seller must notify the tenant. Then tenant then has two months to exercise his/her preemptive right. The municipality also has a preemptive right in some cases, e.g., if the property is located in a redevelopment area or a conservation area. It is up to the notary to find out whether the municipality reserves a preemptive right. The municipality may only exercise the preemptive right when it is for the common good and must declare the intended use of the property. For individual condominiums, municipalities generally have no preemptive right.
Priority notice of procurement of ownership
See provisional conveyance
Property liens are liens to pieces of land, real estate properties, and leasehold rights (incl. condominiums) that serve to secure claims: If the claim secured by the mortgage is not fulfilled, the creditor has the right to use the property by enforcement or foreclosure to compensate for the claims. The most commonly used lien is the land charge. In addition, there is a deed of trust and rent charge. Property liens are specified in section III of the land register.
Although a notarized purchase contract is effective and binding on the parties, the actual implementation of the contract usually takes some time. Until the contract is implemented fully, the seller remains the owner of the property. In order to ensure the buyer's entitlement to the transfer of ownership, the so-called provisional conveyance is entered in section II of the land register. It serves to ensure registration of the new owner when the terms of the purchase contract are fulfilled by rendering the dispositions of the seller, which eventually hinder the transfer of ownership, ineffective.
A public easement is a voluntary obligation of the land owner to the construction supervision authority to tolerate, undertake, or avoid certain actions and conditions affecting his/her property. Why should a land owner agree to such an obligation? In most cases, the public easement enables you to be granted a building permit, which would otherwise not be possible. For example: Mrs. Meier owns two pieces of land. One on the front, located next to the road and is already built. The other is on the back and can only be accessed through the first one. Mrs. Meier now wants to erect a building on the second one as well. One prerequisite for granting the construction permit is that the respective piece of land be secured permanently. Mrs. Meier therefore applies for a public easement on the first piece of land in order to secure the second according to public law. The public easement – after it has been applied – also applies to all legal successors of the owner. If Mrs. Meier sells the property on the front to Mr. Peter, he too must adhere to the public easement.
Real Estate Agent and Property Developer Ordinance
The Real Estate Agent and Property Developer Ordinance, which is a short form for "Regulation of obligations of real estate agents, loan and investment brokers, investment advisors, developers, and constructors", is intended to protect the assets of real estate buyers. For example, an agent may only accept assets from the customer e.g., to forward them to the seller if s/he can guarantee corresponding security e.g., a banker's guarantee. Furthermore, the ordinance obliges agents and brokers to carefully document orders. It is even more significant in transactions with constructors. For example, property developers may only accept payment from customers if, among other things, a legally binding purchase contract has been concluded, a provisional conveyance entered in the land register, and a building permit granted. The developer must keep the buyer's assets separate from their own assets. Payments may only be accepted after the construction progress, for which the developer may demand up to seven installments, which are precisely regulated in the ordinance. Agreements between buyers and constructors which deviate from the regulations of this ordinance are void. The certified notaries are obliged to adhere to the regulations of the ordinance and are not allowed to certify purchase contracts that violate the regulations.
Rent charge is a lien on property, which unlike the land charge and mortgages, cannot be used to secure real estate financing. A rent charge encumbrances a property with an amount of money to be paid to the beneficiary at regular intervals. The rent charge can be replaced by a transfer fee, whose amount must be entered in the land register. The creditor of the rent charge is liable for the regular payment only with the acclaimed piece of land.
Rent control is intended to limit the rise of rent in markets where the demand is high and is regulated by the state governments. In such areas, the rent may only be raised by 10% above the standard rent for new tenants. Landlords are however not obliged to lower the rent to this level for new tenants if a higher amount had been agreed with a previous tenant. The rent control does not apply to new buildings and apartments that have been renovated extensively.
Once the decision to purchase a property has been made, one usually has the possibility to reserve the property. The reservation duration is usually a few weeks to allow the interested buyer enough time to secure financing and sort legal and tax advice. For the duration of the reservation, the agent and seller are obliged to discontinue the marketing activities of the property and not to sell the property elsewhere.
The term residential property refers to special ownership of an apartment that is linked to co-ownership of the communal property.
Soil pollution register
According to the Soil Protection Act, the registry of contaminated sites is a matter of the different states. In Berlin, the registry of contaminated sites is not only for contaminated sites, but also suspicious areas, areas with other hazardous soil changes, and areas that have been released from the suspicion of harmful soil changes after assessment. In addition to the identification of the affected sites, the soil pollution register also contains information on the type of soil pollution, type and amount of deposits, current and past uses, required measures for securing and repairing, and much more.
In contrast to the home owners' administration, the special administration applies only to the management of the special property of a single owner as defined by a contract concluded with the house administration. The special tenancy administration assumes tasks such as the conclusion and termination of tenancy agreements, management of incoming payments, handling of tenants' complaints, preparation of the annual billings for the client.
Special property refers to all sections and rooms that are not part of owner-occupied apartments. These also include the cellar rooms. The precise division of the joint ownership is described in the declaration of division.
Special right of use
The special right of use is the right to use parts of the communal property – e.g., cellar rooms, terraces, garages, etc. – for yourself, that is to the exclusion of the other co-owners. Special rights of use can also ensure the sole use of areas for which no division can be established, i.e. which cannot be special property. In many cases, special rights of use are defined in the declaration of division but can also be specified later – all owners must be in agreement.
Termination of lease agreement
The owner of a rented property cannot do as s/he wishes with the property. For example, the owner cannot just terminate the agreement with the tenants – the interests of the tenants in adherence to the lease agreement are secured under special legal protection. However, the termination of lease agreement is possible if the property is required for oneself or for (close) family members or household members for residential purposes. In the notification of termination of the lease agreement, the landlord must state the person whom he intends to have reside in the property and must also describe a concrete fact clearly stating the interests of that person. The termination is subject to a notice period of at least 3 months for a lease duration of 5 to 8 1/2 years, and 9 months for a lease period of over 8 years. One important special case applies to apartments in multi-family houses that have been converted into owner-occupied apartments: If the tenancy relationship was already in place during the conversion into owner-occupied apartments, the buyer is not entitled to the aforementioned termination of lease agreement for the first 3 years after the purchase. The federal states can extend this period – in the entire Berlin urban area, the waiting period is 10 years from the date of purchase.
Transfer of benefits/encumbrances
After complete payment of the purchase price to the seller or the notary account, the property can be handed over to the buyer by the seller. During the handover, the meter readings are noted down and the buyer given the keys. Any deviations from the promised condition are also documented. In most cases, it is agreed in the purchase contract that the transfer be linked with the so-called transfer of benefits/encumbrances. This is the transfer of the economic aspect of the property from the seller to the buyer. The buyer can now assume possession of the property and use it, i.e. rebuild, inhabit, or rent it. The buyer takes over all income from the property. At the same time, any encumbrances linked to the property are also transferred to the buyer e.g., land tax, building insurance, costs of heating, electricity, and water.
umlagefähige / nicht-umlagefähige Kosten
Die nicht-umlagefähigen Betriebskosten sind die Kosten, die bei der Bewirtschaftung einer Immobilie entstehen, aber nicht auf den Mieter im Zuge der Betriebskostenabrechnung umgelegt werden dürfen. Bei den nicht-umlagefähigen Betriebskosten handelt es sich im Wesentlichen um Kosten für die Hausverwaltung, die Instandhaltung, die Instandsetzung, Abschreibungen und Rücklagen. Im Gegensatz dazu dürfen die umlagefähigen Betriebskosten auf den Mieter umgelegt werden.
Bestätigung des Finanzamtes, dass der Erwerber die fällige Grunderwerbssteuer bezahlt hat. Nur bei Vorlage der Unbedenklichkeitsbescheinigung können die Grundbuchämter das Eigentum vom Verkäufer auf den Käufer umschreiben.
Nach vollständiger Zahlung des Kaufpreises an den Verkäufer oder auf das Notaranderkonto kann die Immobilie vom Verkäufer an den Käufer übergeben werden. Bei der Übergabe werden die Zählerstände abgelesen und der Käufer erhält die Schlüssel, auch werden Abweichungen vom geschuldeten Zustand der Immobilie festgehalten. Meistens ist im Kaufvertrag vereinbart, dass mit der Übergabe der so genannte Lasten/Nutzen-Wechsel verbunden ist. Der Lasten/Nutzen-Wechsel ist der wirtschaftliche Übergang der Immobilie vom Verkäufer zum Käufer. Der Käufer kann die Immobile nun in Besitz nehmen und Sie nutzen, also umbauen, bewohnen oder vermieten. Alle Erträge aus der Immobilie stehen ihm zu. Auf der anderen Seite treffen ihn nun auch die Lasten der Immobilie, z.B. die Grundsteuer, die Gebäudeversicherungsprämie, die Kosten für Heizung, Strom und Wasser.
Wohnungseigentümerversammlung (Stimmrecht, etc.)
Die Eigentümerversammlung ist das Entscheidungsorgan der Wohnungseigentümer und ist in dem Wohnungseigentumsgestz geregelt. Der Wohnungseigentumsverwalter hat insbesondere die Aufgabe diese Versammlung vorzubereiten und durchzuführen. Hat die Wohnungseigentümergemeinschaft keine Regelung zur Häufigkeit einer Wohnungseigentümerversammlung in der Gemeinschaftsordnung getroffen, so gilt die gesetzliche Regelung hierzu. Demnach muss der Verwalter mindestens einmal pro Jahr eine Wohnungseigentumsversammlung einberufen. Die Pflicht der Einberufung einer Wohnungseigentumsversammlung gilt für den Verwalter auch dann, wenn mehr als 1/4 der Wohnungseigentümer dieses verlangt, dies nach den Grundsätzen der ordnungsgemäßen Verwaltung erforderlich ist oder die erste Versammlung nicht beschlussfähig war (§ 24 Abs. 2 WEG).