2026-10-10 11:27

Do you have to attend the notary in person to buy property in Germany?

No: a representative can sign for you, but the land registry (Grundbuchamt) recognises the representative's authority only if the signature on the power of attorney is notarially certified (§ 29 GBO). Abroad, this is done by a German consulate or by a local notary whose certificate is then apostilled or legalised. If you attend yourself without sufficient German, the notary translates the contract instead of reading it to you — personally or through an interpreter (§ 16 BeurkG).

The law requires participation, not presence

A contract to buy land must be notarially recorded (§ 311b(1) BGB): the notary reads the deed aloud, and the parties approve it and sign it by hand in the notary's presence (§ 13(1) BeurkG). A party can be represented: a power of attorney does not need the form prescribed for the transaction itself (§ 167(2) BGB). Recording by video link is not possible: it is allowed only where the law expressly permits it (§ 16a BeurkG), as for founding a GmbH (§ 2(3) GmbHG). The German Civil Code (BGB) grants no such permission for land transactions.

Nor do the parties have to sit at one table: the contract can be recorded first as one party's offer and then as the other's acceptance (§ 128 BGB). The exception is the conveyance (Auflassung), which must be declared before a notary with both parties present simultaneously, in person or through representatives (§ 925(1) BGB).

A power of attorney works only if the land registry accepts it

The land registry makes entries only on the basis of official or publicly certified documents (§ 29(1) GBO), so the signature on a power of attorney must be notarially certified (§ 129 BGB). Abroad, a German consular officer can do this: consular documents rank equally with those of a German notary (§ 10(1) no. 2, (2) KonsG) and need no apostille. A signature certified by a local notary is confirmed by an apostille if the country is party to the 1961 Hague Convention, whose parties include Russia, Kazakhstan, Ukraine and Israel. Documents from countries outside it, such as the UAE, are legalised by a German mission (§ 13 KonsG).

The land registry is a department of the local court (§ 1(1) GBO), and the language of a German court is German (§ 184 GVG). The sensible course is therefore a bilingual power of attorney drafted by a German notary, with a certified translation of the foreign certificate and apostille.

You can even do without a power of attorney: a representative signs on your behalf and you ratify the transaction afterwards — again with a certified signature, or the land registry will not accept it. Until ratified, the contract has no effect (§ 177(1) BGB), and if the seller demands an answer, you have only two weeks to ratify, after which silence counts as refusal (§ 177(2) BGB).

Staying away does not spare you the checks: the notary identifies both the party and its representative, and verifies the representative's authority (§ 10(1) no. 1 GwG).

Exhibit 1. Every route to registration ends with a certified signature

Route	What is needed	Main risk
In person	passport; an interpreter if your German is not sufficient	without a reference deed recorded beforehand, reading the annexes takes hours
Representative with a power of attorney	signature certified at a German consulate, or by a local notary with an apostille or legalisation	the authority does not cover every declaration needed — for example, the land charge (Grundschuld) for a lending bank
Representative without authority	subsequent ratification with a certified signature	the contract has no effect until ratified, and on the seller's demand you have two weeks to answer

If you attend without sufficient German, the contract is translated, not read

If a party, by their own account or in the notary's judgement, lacks sufficient German, this is noted in the deed, which is translated instead of read aloud (§ 16(1)–(2) BeurkG). On request, a written translation is also prepared and attached to the deed — the notary must point out this right. If the notary does not translate personally, an interpreter is called in; an interpreter who is not generally sworn is sworn in by the notary unless all parties waive it (§ 16(3) BeurkG). The deed can also be drawn up in another language if the notary has sufficient command of it (§ 5(2) BeurkG). How the closing itself works is covered separately (see Part 8 of the series German Prime Retail).

Implications for investors

1. Have a German notary draft the power of attorney for this transaction. It must cover the contract, the conveyance and the lending bank's land charge; the simplest route is to certify the signature at a German consulate, which needs no apostille.

2. If a representative signed without authority, ratify without delay. Until ratification the contract has no effect, and once the seller demands an answer, silence after two weeks counts as refusal.

3. If you attend yourself, book the interpreter and order the written translation in advance. The translation is attached to the deed on request — a right the notary must point out.

What to check:
• the power of attorney is drafted by a German notary for the specific transaction and covers the contract, the conveyance and, if a loan is needed, the land charge;
• the signature is certified at a German consulate or by a local notary — with an apostille or legalisation and a certified translation;
• the original power of attorney reaches the German notary before the day of signing;
• if you attend yourself, the interpreter is agreed in advance and a written translation ordered;
• for a buying company, proof of its representatives' authority and its entry in the Transparency Register (Transparenzregister) are ready.

Sources: BGB §§ 128, 129, 167, 177, 311b(1), 925(1); BeurkG §§ 5, 13, 16, 16a; GBO §§ 1, 29; KonsG §§ 10, 13; GmbHG § 2(3); GVG § 184; GwG § 10; Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of 5 October 1961, HCCH status table (as of 10 October 2026); German Prime Retail series, Part 8. Legal position as of October 2026.

Photo: Jan-Philipp Thiele / Unsplash

This page is general information and not investment, legal or tax advice.

Ilya Gordon