The rights of foreigners and the process of purchasing real estate in Germany

27.12.2009 20:03
Foreigners without any restrictions can be purchased as a residential and commercial properties throughout Germany, processing it, or a physical or a legal entity. This requires only a valid passport and money.

Individuals, regardless of nationality, has the right to purchase land, residential and commercial real estate in all federal states of Germany.

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To select an object is best to contact a real estate agency, and then make a familiarization tour to the preliminary examination of the object. Of course, you can remotely make a purchase by contacting the agency via the Internet, then come to a deal, but most buyers prefer to first look at the shelter in person. When personal presence can buy a house and a private person. Although the purchase through an agency usually is more reliable.

When purchasing a remote you can place a power of attorney to a representative. Power of attorney must be notarized and contain the apostille.


You'll probably get to Germany by plane. From Moscow and St. Petersburg flights followed in many major cities: Berlin, Hamburg, Hanover, Dusseldorf, Munich, Cologne, Frankfurt. Cost of tickets there and back - from ? 250 to ? 500.

A cheaper but less convenient way - a journey by train: you first need to get to Brest, then - through Poland to Germany. The journey takes about 18 hours and costs around ? 130 in one direction.

There are direct trains to Germany. Berlin train has cars from Moscow (27 hours on the road) and Petersburg (37 hours). Brussels train passes through the western regions of Germany (34 hours from Moscow). From Kaliningrad walk daily trailer cars in Berlin (15 hours). Once a week there is a train Saratov-Berlin (47 hours) with trailer cars from Novosibirsk (88 hours), Ufa (71 hours), Rostov (56 hours), Yekaterinburg (67 hours), Samara (62 hours), Chelyabinsk (78 hours ), Omsk (80 hours). Rates slightly lower than the fares.

You can get to Germany and the bus. From Moscow, go fly to Hamburg (via Berlin and Brandenburg), and Hanover, the road takes about two days. From St. Petersburg via Riga bus followed in Bonn, Stuttgart and Munich: it takes almost two days. Cost of tickets there and back - from ? 150-200.

Many prefer to travel to Germany for their personal transportation. From Russia tend to go through Belarus and Ukraine through Poland. This trip takes about one and a half days. Residents of St. Petersburg and the whole North-West Russia prefer to ride on private vehicles in Germany through the Baltic states and Scandinavia.


Settlements between the seller and the buyer are carried out through bank transfers. Other methods are hardly used. Legal restrictions to open foreign bank accounts in Germany do not, but customers with an opaque financial past can be difficult, as in Germany rather strict laws against laundering of illicit capital.

For the identification and completion of all formalities for opening an account must be present. The current banking system in Germany means "post legitimize" the client, when every citizen can verify the identity of the bank at any post office of the country, does not apply to foreigners.

Since the requirements of the Bank for clearance and the list of requested documents is desirable to read in advance. Most of the foreign clients require a passport, proof of address and bank forms are filled out correctly, but some banks may require a certificate, and recommendation.

The account is opened in euros. The contract for its maintenance is after checking the bank documents and customer data. Money can be made to the account immediately after opening.


The first thing that is recommended to make the buyer - is to consult the land registry (Grundbuch). This can be done either independently or through a notary. In the land registry recorded all current and future owners of the land, possible encumbered by a mortgage, etc.

After checking the status of real estate in the land book seller and the buyer usually find a notary. In this case the simultaneous presence of the parties to the contract is not required - allowed sequential appearance of the notary. Certification of the sales contract at the notary - an indispensable condition of the transaction.

It is important to know that the transition of ownership takes place not at the time of signing the contract of sale, and after the introduction of a new owner in the land registry. When signing the contract, the seller trusts the notary to make changes in it, but only after the buyer transfers money. Once the contract is signed, the buyer transfers the money to acquire objects at the expense of the seller or a notary. The latter immediately sends the documents to change the owner of the institution, leading entries in the land registry.

At this stage it is recommended to take the next step. As between the conclusion of the contract of sale and the official change of ownership can take several weeks, immediately upon the signing of the contract should be in the land book, make a remark about the upcoming acquisition of real estate. This record will serve as the buyer a guarantee of security of the transaction.

Once in the Land Register will be changed ownership, the buyer becomes the legal owner of real estate. The whole purchase procedure takes about three to eight weeks, depending on the speed of institutions.


Obligatory condition of making a new owner in the land registry is a tax on the purchase of real estate. As a rule, it is 3,5% of the purchase price. Some regions, such as Berlin, increased the tax rate to 4,5%. It should be remembered that the buyer and seller are jointly and severally liable for payment of this tax. In the purchase contract usually specifies that its main contributor is the buyer. It was to him primarily for the payment of tax appeals and tax administrations. But if the buyer refuses or is unable to pay this tax, the payment will be recovered from the other side, it is the seller.

By the following costs include notary services (1.5% of the purchase price), stamp duty (0.5%). These costs are usually borne by the buyer. Commission agent (3-6% of the purchase price) the buyer and seller usually split equally.

Payments are made as follows: notary send in your name by including all costs, in addition to stamp duty. The bill for stamp duty will be sent to you (either directly or as a notary) later - after the registration in the land registry.


Purchase of housing under construction

Proposals on the secondary market in Germany more than in the primary: the latter can mainly be found in major cities. Most new buildings - it offers a luxury. Such a purchase may be beneficial, as luxury housing is constantly increasing in price, and on completion, the facility can be sold.

Purchasing procedure of housing under construction - the same as the ready. In agreement with the developer can installment payment. Warranty for the construction of the primary market in Germany for five years after the handover to the buyer. If during this period, the buyer finds any deficiencies in construction, the company is obliged to remove them at their own expense.

The failure of commitment in the contract payment schedule entails penalties. If the seller does not fulfill the obligation (not in the prescribed period or collapses a building), the costs the buyer will be refunded in full.

Regulation and the cost of construction in Germany

Many buyers of real estate in Germany, especially in small towns and rural areas, prefer not to buy, and build housing. Foreigners can freely buy land for development projects, besides it is cheaper than buying a ready home. Possible and the purchase of the old object at a low price with further alterations.

Square meters of housing in construction costs from ? 600 to ? 1,5 thousand Earth with painted communications is estimated at ? 100-800 per square. m. However, the construction of the responsibility for the preparation, planning and execution of the work falls on the shoulders of the buyer.

When buying a piece of land is important to be sure that it is allowed to build a house. Plan housing land-owner must agree with local authorities. The company-builder needs to know are included in the cost of construction costs: measurement calculations, preliminary site preparation establishment of the entrance to the house and garage, walkways and sidewalks, the establishment of the fence and terraces, an organization of lighting, removal of debris.

There may be disputes in the construction and decoration of the house. Therefore, if you decide to start a construction, we have to turn in a solid company that can give advice by qualified experts.


When buying real estate in Germany, you can use a mortgage loan, although it is not easy to obtain. A foreigner can receive a mortgage in Germany only if the following conditions:
- He is the holder of permanent residence and employment contract or a business in the EU;
- He has real property suitable for collateral on the value and location.

Before issuing a loan, the bank opens a special savings account that is within the prescribed period received regular deductions from salary of the borrower. So check the solvency of candidates.

Credit is given for up to 25 years at 5-7% per annum. Third of the amount paid as a down payment. For Russians, a mortgage broker "Credit-Max offers loans under 4,5-5,3% per annum for a period of ten years, but in this case, the first payment is 50%.


Germany is widely developed rental market, as demand for removable housing is always there. German law on the side of the tenant. Set minimum and maximum rents do not exist, but the landlord can be fined if it will increase by more than 20% of the average rent for similar premises.

Monthly rental price of square meter of housing in major German cities ranges from ? 9 to ? 12. Detachable house in Berlin, with all amenities cost from ? 900 to ? 1,5 thousand per month. One-room apartment for the same period an average of ? 245.

Relations between landlord and tenant are governed by the contract, which describes the rights and obligations of the parties, indicates the size of the monthly fee, deposit and additional costs. Pre-payment must not exceed three months.

Tenant is obliged to keep order in the shelter. If the contract provides that the object is delivered after the repair, then after the dissolution of the tenant is obliged to hand over space in the same condition. Otherwise, the deposit is not refundable, and is used to pay for the new owner of repairs.

For assistance in creating the material thank Dmitry Pilschikova company Anwaltskanzlei Pilschikov & Kollegen Rechtsanw?lte
Content tags: Overseas property
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