Required documents for the sale of Property

1. Documents according to sources of supply

The land registry is the right contact point for

• the most recent extracts from the land register (not older than 3 months),
• current documents on registered land charges as well as
  proof of residential 
• or usage rights.

If you are selling your share in an apartment building, you will also receive this from the land registry

• Your declaration of division with text and plan part,
• an excerpt from the building encumbrance register of the building control authority, as well as
• relevant renovation notes on the property.

On the other hand, you can contact the building regulations office

• the complete set of construction plans at a scale of 1:100, if available, the structural engineer’s plans and execution drawings (view from each side, sections, floor plan for each floor, electrical, heating, sanitary and drainage plans) at a scale of 1:50,
• the building permit certificate,
• the calculation of the living and usable area, as well as the undeveloped space
• and the building description.

Please note: For new buildings, the building regulations office also provides the acceptance certificate from the building authorities for the house.

You can obtain this from the land registry office

• the site plan with field map excerpt,

• Your excerpt from the register of building encumbrances
• the survey confirmations, as well as the boundary certificate for the property.

2. Documents for exposés and advertisements

The Exposé should arouse interest in the property among potential buyers. In order to be able to create an effective advertising Exposé, you first need:

• Good photos of the interior and exterior
• Construction plans and floor plans including elevations and sections
• Calculation of living space and building specifications
• A valuation report by an independent expert

Let us create the exposé to guarantee a professional and promotionally effective appearance – this is included in the scope of services for the salers.

3. Documents for preparing a valuation report

A valuation report is associated with costs for you as the seller. If you still want to have one created, you should contact an independent expert. This basically requires for its evaluation

• A current extract from the land register,
• The documents for the eligibility to apply (certificate of inheritance, will, powers of attorney, etc.),
• If applicable, a declaration of division and
• The planning documents, including building permits, site plans, living space and cubature calculations.

If you need a valuation for rented properties and condominiums, the appraiser also needs the rental agreements with all parties.

If you want to have the value of your condominium appraised, you must also provide him with the minutes of the last three owners’ meetings. The expert will also ask about the current household allowance statement.

For a valuation report on commercially used objects, the expert needs not only a list of the operation but also an insight into the management costs. And he would certainly like to have the documents about the technical building equipment.

In principle, he will demand proof of fire protection as well as any documents about the renovation and modernization measures that have been carried out.

If your property is encumbered, you will also need proof of this. This can be the heritable building right contract or private law agreements, such as housing or usufruct rights. If there is structural damage, the expert needs a corresponding report and cost estimates.

4. Documents for the viewing appointment

If the property to be sold is a detached single-family house, make all the documents from the exposé available again for interested parties to inspect. This should include the: official cadastral map, the extract from the land register and floor plans or the construction plan of the property. In addition, the calculation of the living space and the enclosed space is part of it, as well as the energy certificate and a list of modernizations or renovations.

• Construction plans and floor plans including elevations and sections
• Calculation of living space and building specifications
• A valuation report by an independent expert

You can obtain the official cadastral map from the cadastral office in your community. You can get the extract from the land register at the District Court. The extract from the land register is particularly important for buyers because all charges are entered in the land register. These include, for example, mortgages or rights of way. The energy certificate has been mandatory since 2011. If you cannot present this, the building inspectorate can impose a fine of up to 50,000 euros.

The living space calculation should be carried out by an architect or specialist. Adding up the areas of the rooms and hallways can lead to incorrect results. Because with balconies and terraces, unheated rooms or rooms with slopes, only a percentage of the area may be included in the living space calculation.

If you want to sell a rented property or an apartment building, you should also make all rental contracts accessible to the buyer. He also needs the current business plan stating the amount of the maintenance reserve. Also have the ancillary cost statements for the last three years, the manager contract if applicable, and – in the case of apartment buildings – proof of fire insurance ready.

The buyer can only estimate what income he can achieve and how profitable the system is by presenting the rental agreements. In order to correctly determine the profitability of a plant, the buyer also needs the current business plan and utility bills. The ancillary cost statements also list those costs that cannot be passed on to the tenants.

The maintenance reserve shows how much money is available for repairs and renovations. There are legal regulations for the amount of the maintenance reserve. By looking at the business plan, the interested party can see whether these are being adhered to. With the management contract, the term of the contract is interesting. But also the costs of administration and which costs have to be paid for certain ancillary services, such as building supervision.

In the case of houses under leasehold, the current leasehold and heritable building contract are added to the documents mentioned for the viewing appointment.

5. Documents for the notary appointment

Before a purchase contract for your property can be concluded, the notary also needs all the relevant documents. Be sure to send him the complete documents in good time before the actual appointment. 

• Most recent extracts from the land register (not older than three months)
• Approved development plan
• Site plan with marked house, garage / parking space, garbage can parking space 
• building permit certificate
• Complete set of building plans, structural engineer’s plans, executive drawings (view from each side, sections, floor plan for each floor, electrical, heating, plumbing and drainage plans); Scale 1:100
• Calculation of living space, usable space and undeveloped space
• building description
• Acceptance certificate from the building authority for newer buildings
• Survey confirmations and boundary certificate for the property
• Time when financing is to be transferred to the buyer
• Current documents on registered land charges
• Time when items from the house are to be sold to the buyer
• List (with prices) of all fixtures, lamps, mirrors, garden tools and the like
• Energy certificate (consumption certificate or requirement certificate)
• List of maintenance / modernization measures
• List of operating costs (tax, insurance, energy costs, maintenance, etc. for the last two years)
• Rental / Lease Agreements
• Property tax notice (current)
• Residential / usage rights (proof)
• MFH divided: declaration of division (text / plan part)
• MFH divided: minutes of owners’ meeting (if there are several owners, last two years)
• Excerpt from the register of building encumbrances
• Monument protection certificate
• sanitation notes
• original sales contracts
• For ETW: declaration of division, allocation plan, house rules, minutes of the last owners’ meetings, current statements of house money, overview of reserves

6. Post-sale documentation for the buyer

If the purchase contract has been successfully concluded, you still have to hand over the last remaining documents about the house to the new homeowner.

After signing the contract, hand the buyer any existing insurance certificates (especially for building fire insurance). If available or if it makes sense, also give him any instructions for use, maintenance contracts and guarantee certificates, for example for the heating system.

The last test report for the heating and the chimney should not be missing when the documents are handed over at the end. Neither are the current bills for heating, water, waste disposal and property tax. It may also be useful to hand over copies of invoices for important repairs or correspondence in this regard. If available, also add a list of craftsmen here.

And if you have already moved out, you should of course give the new homeowner all the keys: for the house, the individual rooms, any outbuildings and the garage.