Land Register Priority Notice (Auflassungsvormerkung) in a Real Estate Purchase: Meaning, Duration, Costs, Process & Special Cases
The land charge notice (Auflassungsvormerkung) is one of the most important security instruments in a real estate purchase. It is entered in the land register and protects the buyer until the transfer of ownership is recorded.
What is the Auflassungsvormerkung?
The Auflassungsvormerkung is a priority notice in the land register that secures the buyer’s claim to the transfer of ownership. Colloquially, it is also referred to as an ownership notice or an ownership transfer notice.
Definition (simple explanation)
An Auflassungsvormerkung is an entry in the land register that protects the buyer from the seller reselling the property after the contract is concluded or otherwise encumbering it.
Auflassung vs. Auflassungsvormerkung – the difference
The Auflassung is the agreement between seller and buyer on the transfer of ownership (usually included in the notarized purchase agreement). The Auflassungsvormerkung secures the resulting claim until the final registration.
Reference to the German Civil Code (BGB)
The legal basis is found in the German Civil Code (BGB) (in particular Section 883 BGB – priority notice). In practice, this means: the claim to the transfer of ownership is “reserved” and secured against later changes.
Legal classification: land register, section, and land register entry
Where is the Auflassungsvormerkung recorded in the land register (section)?
The Auflassungsvormerkung is typically entered in Section II of the land register (burdens and restrictions). There it states, in substance, that a claim to the transfer of ownership is secured in favor of the buyer.
What does the entry look like?
The exact appearance of the land register entry varies depending on the wording standards of the land registry office. At its core it contains: the person/designation of the entitled party (buyer) and the secured claim.
Distinction from land charge, right of first refusal, and pledging
- Land charge: securing a loan (usually a bank); may exist in parallel.
- Right of first refusal: the right to step into a purchase; can be relevant as an encumbrance.
- Pledging: a right is used as security; rather rare in the purchase process, but legally relevant.
Why is the Auflassungsvormerkung necessary and useful?
Protection of the buyer
For the buyer, the notice is usually the key protection: it prevents the seller from “changing course” after the contract is concluded—for example by reselling or adding encumbrances later.
Protection in insolvency proceedings, foreclosure proceedings & similar
If, after signing the purchase agreement, the seller enters insolvency proceedings or there is even a foreclosure auction, an entered notice can be decisive in securing the claim to the transfer of ownership.
Connection to payment of the purchase price
The purchase price is often paid only once the Auflassungsvormerkung has been entered. Banks regularly make the disbursement of the loan conditional on this.
Process in a real estate purchase: notary appointment, application, registration
Notary appointment and purchase agreement
At the notary appointment, the purchase agreement is notarized. As a rule, the notary coordinates the necessary steps, in particular the application for registration of the Auflassungsvormerkung.
Who must apply for the notice?
In practice, the notice is applied for by the notary with the land registry office. For this, buyer and seller provide the necessary declarations in the purchase agreement.
Registration in the land register
After all documents have been received, the land registry office reviews the application and makes the registration. Once it has been entered, the notary (and often the parties involved) receives a notification.
Workflow (simplified)
- Purchase agreement at the notary
- Notary files the application for the Auflassungsvormerkung
- Land registry office enters the notice
- Purchase price due / payment of the purchase price
- Auflassung (agreement) + registration of ownership transfer
- Deletion of the notice
Duration: How long does the Auflassungsvormerkung take?
How long does registration take?
The duration depends on the land registry office, workload, completeness of the documents, and the specifics of the case. “How long does it take?” or “Why does it take so long?”—there is no one-size-fits-all answer, but there are typical ranges.
| Situation | Typical duration (practice) | Why? |
|---|---|---|
| Standard case, documents complete | a few days to a few weeks | Normal processing time at the land registry office |
| Queries / missing documents | several weeks | Interim orders, submission of additional documents |
| Complex rights / inheritance case / old encumbrances | several weeks to months | Additional reviews and consents |
Regional differences: Bavaria, Berlin, Munich
Depending on the location (e. g. Bavaria, Berlin, Munich), processing times can vary because land registry offices are utilized differently.
Can it be accelerated?
- Prepare documents completely and carefully
- Answer follow-up questions promptly
- Ask the notary to file with priority (if possible)
- In cases of special urgency: provide evidence (at the discretion of the authority)
Costs: What does the Auflassungsvormerkung cost?
What costs arise?
The costs typically consist of notary fees and land register fees. Many people search for “How much does the Auflassungsvormerkung cost?” or “cost calculator”. The exact amount depends, among other things, on the purchase price (value for fee purposes).
Cost overview (typical)
| Type of cost | Who charges it? | What does it depend on? |
|---|---|---|
| Notary fees (application/handling) | Notary | Value for fee purposes (purchase price) |
| Land register fees (registration) | Land registry office | Value for fee purposes (purchase price) |
Who pays for the Auflassungsvormerkung?
The buyer often bears the costs as part of the incidental purchase costs—ultimately, however, this can be regulated contractually.
Tax aspects: acquisition costs, deductible, real estate transfer tax
As a rule, notary and land register fees related to the acquisition are counted as acquisition costs of the property. Whether something is deductible depends heavily on whether the property is rented out (income-related expenses) or owner-occupied. Real estate transfer tax is to be considered separately.
Conditional and resolutory conditional Auflassungsvormerkung
What does “conditional” mean?
A conditional notice is subject to a condition, for example the effectiveness of certain declarations or approvals.
Resolutory condition (“resolutory”)
“Resolutory” means: the notice ceases to apply upon the occurrence of a certain event, e. g. if a withdrawal becomes effective or a condition is not met.
Practical example
One example is a purchase agreement that is made dependent on financing or an approval being obtained. In that case, the registration can be structured accordingly.
Deletion: deleting the Auflassungsvormerkung – when, how, and why?
When is the notice deleted; does it remain forever?
The notice is normally deleted after the transfer of ownership has been successfully registered.
How does deletion work?
The notary often initiates the application for deletion once the requirements are met. In some cases, a waiver is required (e. g. if the buyer no longer wishes to acquire).
Withdrawal and waiver
In the event of a withdrawal from the purchase agreement or an amicable cancellation, the notice must be removed from the land register so that the register sheet becomes “clear”. This usually happens via a deletion consent.
Special cases: gift, heirs, municipality, insolvency
Gift
A notice may also be considered in the case of a gift if a claim to transfer is to be secured (constellation depends on the individual case).
Heirs and community of heirs
In sales by a community of heirs, additional requirements may apply (e. g. proof of succession, participation of all entitled parties). This can delay registration and makes consents more important.
Municipality and right of first refusal
In certain cases, a municipality may have a statutory right of first refusal. The notary then regularly obtains the relevant declarations/negative certificates.
Insolvency proceedings and foreclosure auction proceedings
If the seller enters insolvency proceedings, the notice can be decisive. In ongoing or impending foreclosure auction proceedings, the ranking and legal situation is also relevant.
Differences & distinctions (land charge, right of first refusal, registration of ownership transfer)
Difference from a land charge
A land charge typically secures the bank. The Auflassungsvormerkung secures the buyer. Both can appear side by side in the land register, but with different functions.
Difference from the right of first refusal
A right of first refusal gives a third party the right to step into the purchase. The notice, by contrast, secures the purchase agreement that has already been concluded.
The notice is not ownership
Important: With the notice, the buyer is not yet the owner. The buyer becomes the owner only once the transfer of ownership is registered in the land register (Section I).
FAQ: Frequently asked questions
Can an Auflassungsvormerkung become time-barred?
The notice secures a claim; whether and how limitation periods play a role depends on the underlying claim and the contractual structure. In practice, the process is usually completed promptly.
Is there a template or example?
A “template” is difficult because wording varies depending on the land registry office. In terms of content, however, it is always about: “Notice securing the claim to the transfer of ownership in favor of the buyer”.
What experiences are typical?
Typical experiences include: delays due to missing documents, unresolved right-of-first-refusal inquiries, or follow-up questions from the land registry office. A good notary process and complete documents help.
What is it called in English?
A common translation is “priority notice” or “notice of conveyance”—depending on context. Exact equivalents are difficult because land registry systems differ internationally.
Is the Auflassungsvormerkung mandatory?
Not in every conceivable case “mandatory”, but in the classic real estate purchase in Germany it is practically standard and very sensible, as it is the central safeguard before payment of the purchase price.
Checklist for buyers
The Auflassungsvormerkung is a central step in the purchase process: it protects the buyer, provides security for the purchase price payment, and forms the bridge until the transfer of ownership is registered. Those who realistically assess duration and costs and understand the process reduce stress and risks.
Checklist
- Clearly stipulate in the purchase agreement that the notary will apply for the notice without delay.
- Provide documents (IDs, financing data, if applicable proof of inheritance) completely.
- Pay the purchase price only after registration (and fulfillment of all prerequisites for due date).
- Allow extra time for special cases (community of heirs, right of first refusal, old encumbrances).
- After the transfer of ownership is registered, clarify the deletion of the notice with the notary.
