Without an estate agent, a task falls entirely to you that otherwise happens unnoticed in the background: compiling the sales documents. These documents are the foundation of every serious sale – without them, no bank will assess the buyer’s financing, and no notary will draw up the purchase agreement. With a complete checklist, we show you which official documents you need, where to obtain each document, and what costs arise.
Why Complete Documents Determine the Sale
When selling with an estate agent, the agent takes care of obtaining and organizing the documents. If you sell privately, this becomes your responsibility – and it is more important than many owners believe. Complete, up-to-date documents make a serious impression on prospective buyers and speed up the decision. If evidence is missing, the impression quickly arises that something is being concealed.
In addition, certain documents are legally indispensable. The buyer’s financing bank requires the land register extract, floor plan, and proof of living space before approving a loan. The notary needs a current land register extract to prepare the purchase agreement – notarization is mandatory (Section 311b of the German Civil Code (BGB)). And by law, the energy performance certificate must be presented to the buyer under the Building Energy Act. Anyone who collects the documents early and completely avoids delays shortly before the notary appointment.
Which Documents Do I Need for the Sale?
The exact list depends on the property. For almost every sale – whether a house or apartment – you need these basic documents:
- current land register extract (preferably no older than three to six months)
- valid energy performance certificate
- floor plan and a living space or usable area calculation
- site plan or extract from the real estate map (cadastral map)
- building documents: building permit, construction drawings, and building description
- evidence of modernizations and renovations (invoices, photos)
- current property tax assessment notice and proof of building insurance
- if necessary, an extract from the register of public burdens and information on contaminated sites
If you are selling a condominium, the homeowners’ association documents are also required:
- declaration of division including the allocation plan
- minutes of the last three owners’ meetings
- current budget plan and the last service charge statements
- amount of the maintenance reserve
If the property is rented, also provide the tenancy agreement and the current ancillary cost statements.
Document by document: How to obtain the documents
Land register extract
The land register extract lists the owners, plot size, rights and encumbrances (such as land charges or rights of way). You can obtain it from the land registry office of the competent local court; in some federal states, it is also available online via the justice portal. Only those who demonstrate a legitimate interest may inspect it (Section 12 GBO) – as the owner, this automatically applies to you. An uncertified copy costs around 10 euros, while a certified copy costs around 20 euros; electronic retrieval is often available immediately for around 8 euros. The extract should be up to date for the notary and bank.
Energy performance certificate
The energy performance certificate is mandatory when selling a property and is valid for ten years (Section 79 GEG). There are two variants: The consumption-based certificate is based on the heating cost statements for the last three years and usually costs 50 to 120 euros. The more informative demand-based certificate is calculated based on the building fabric, often requires an on-site inspection and costs around 300 to 500 euros. It is issued by qualified energy consultants, chimney sweeps or via certified online services. Important: Even in the property advertisement, you must provide key figures – type of certificate, final energy demand or consumption, main energy source, year of construction and energy efficiency class (Section 87 GEG). The certificate must be presented at the latest during the viewing and handed over to the buyer after the contract has been concluded (Section 80 GEG). Violations are considered administrative offences and may be punished with a fine of up to 10,000 euros (Section 108 GEG).
Floor plan and living area calculation
Buyers and banks want to know how the property is laid out and how large the actual living area is. You can find the floor plan in the building documents; if it is missing, the municipality’s building records archive or a new survey by an architect or service provider can help. The living area is usually calculated "determined in accordance with the Living Space Ordinance (WoFlV), which stipulates, for example, that rooms under two metres in height or balconies are counted only proportionally. Correct calculation protects you from later disputes, because an area stated as significantly too small or too large may entitle the buyer to a reduction in price or compensation for damages.
Site Plan and Cadastral Map
The site plan or the (Automated) Real Estate Cadastre Map – colloquially known as the cadastral map – shows the property boundaries, the location of the buildings and the parcel numbers. You apply for it from the cadastral or surveying office or via your federal state’s geoportal, usually for 15 to 60 euros. In addition, the extract from the Building Encumbrances Register provides information about obligations under public law; a negative certificate is often free of charge, while a positive certificate costs up to around 50 euros per parcel. In some federal states, such as Bavaria, there is no Building Encumbrances Register – there, the relevant information must be clarified through the land register and the development plan.
Declaration of Partition (for Condominiums)
The declaration of partition regulates which parts of the building constitute separate ownership and which constitute common property, and contains the community rules with the rights and obligations of the owners. It is generally held by the property management company; otherwise, request a copy from the land registry office. A certified copy usually costs 70 to 140 euros. Together with the minutes of the owners’ meetings and the service charge statements, these documents give the buyer an impression of the condition and financial situation of the condominium owners’ association.
How much does obtaining the documents cost?
The actual official fees are reasonable. As a rough guide:
- Land register extract: around 10 to 20 euros
- Energy performance certificate: 50 to 120 euros (consumption-based) or 300 to 500 euros (demand-based)
- Cadastral map/real estate cadastre map: 15 to 60 euros
- Building encumbrances extract: 0 to around 50 euros
- Certified declaration of partition: 70 to 140 euros
For a detached house with an existing consumption-based certificate, you can often manage with a low three-figure amount. It becomes more expensive if documents are missing and have to be newly prepared – for example, a demand-based certificate involving an inspection or a new measurement for the floor plan. This is precisely where a private sale has an advantage: you handle this procurement yourself and save the estate agent’s commission, which amounts to a multiple of these costs.
Advantages and disadvantages of obtaining documents independently
- Advantage – Cost savings: You pay only the official fees instead of a commission and retain full control over your documents.
- Advantage – First-hand knowledge: When reviewing the documents, you discover potential weak points yourself – such as an outdated building permit – and can clarify them before the sale.
- Advantage – faster information: You answer questions from prospective buyers and banks directly because you have all the documents at hand.
- Disadvantage – Time required: Authorities, property management companies and energy consultants work at different speeds; individual extracts can take days to weeks.
- Disadvantage – Overview required: You must know which documents your specific property requires so that nothing important is missing.
- Disadvantage – Risk of errors: Incorrect floor area details or a missing energy performance certificate can have legal consequences.
FAQ about the sales documents
How recent must the land register extract be?
There is no fixed statutory deadline. In practice, however, the notary and financing bank expect an extract that is no more than three to six months old. Therefore, request it only once the sale becomes concrete.
Do I absolutely need an energy performance certificate?
Yes. When selling, an energy performance certificate is mandatory, with a few exceptions – such as for small buildings or certain listed buildings. If it is missing or the mandatory information is absent from the advertisement, fines of up to 10,000 euros may be imposed.
Consumption-based or demand-based certificate – which one do I need?
For many existing buildings, you are free to choose. However, a demand-based certificate is mandatory if the building application was submitted before the 1977 Thermal Insulation Ordinance, the building has fewer than five apartments and it has not been renovated to meet this standard in terms of energy efficiency. If in doubt, the issuer will clarify this with you.
Where can I obtain documents that I no longer have?
You can obtain the land register extract and declaration of division from the land registry office, building plans and the building permit from the municipality’s building files archive, and the cadastral map from the cadastral office. For apartments, the property management company is the first point of contact for minutes and statements.
Do I really have to show prospective buyers all the documents?
You must disclose everything material to the purchase decision – in particular defects. Concealing known defects can give rise to claims for damages. It is best to provide sensitive documents only to serious prospective buyers who can provide proof of financing.
Conclusion: Sell confidently with complete documents
The sales documents are the part of a private sale that the estate agent would otherwise handle – and that can easily be managed yourself with a little organization. Start collecting early, check every document for up-to-dateness, and keep the homeowners’ association documents ready for condominiums. This will help you appear professional to prospective buyers, banks, and the notary, avoid delays, and save the estate agent’s commission at the same time. Once you are ready, present your property with a complete exposé on TraumImmo.