Notary fees in Germany and real estate agent commission in Germany for buyers abroad

Notary fees in Germany start with the notary’s role: neutral, not your lawyer

A German notary is an independent holder of a public office. Section 1 of the Federal Notary Code (BNotO) describes notaries as independent officeholders appointed for the certification of legal transactions, and section 14 (1) adds that the notary does not represent one party but looks after all participants independently and impartially. Checked 10.10.2026. For you as a buyer this means the notary drafts and explains the contract for both sides. The notary is not your adviser on price, financing or tax, and does not negotiate for you.

The notary is involved because a contract to transfer or acquire land needs notarial certification under section 311b (1) of the Civil Code (BGB), checked 10.10.2026. A contract signed without that form becomes valid in its entirety only once the conveyance and the land register entry have taken place. In practice nobody should rely on that fallback. The usual route is a notary appointment at which the contract is read out, explained and signed by both sides.

For a consumer buying a property, section 17 (2a) of the Notarisation Act (BeurkG) says the notary should, as a rule, give you the intended contract text two weeks before the appointment, and should record the reasons in the deed if that period is shortened. Checked 10.10.2026. Because the provision says “should”, it is a duty of conduct, not a guarantee. Use the time to have the draft translated. The process guide for foreign buyers explains the full sequence from reservation to land register entry.

What you pay the notary and when

As the default rule, the buyer of land bears the costs of certifying the purchase contract and the conveyance, and of the land register entry and the declarations needed for it (section 448 (2) BGB, checked 10.10.2026). A contract may allocate costs differently, so read the draft. The detailed budget, including transfer tax by state, is in the closing costs guide. This page only explains how the notary’s fee is built.

Notary fees are not negotiated. Under section 34 of the Court and Notary Costs Act (GNotKG), a fee that depends on the transaction value is read from a fee table. For a purchase contract the value is the purchase price, plus the value of reserved rights of use and of obligations the buyer takes over, and if that total is below the market value, the market value counts (section 47 GNotKG). The fee for the certification procedure is item 21100 of the cost schedule: a 2.0 fee, at least €120.00, read from table B. All sections checked 10.10.2026.

The table shows one fee item. A real notary invoice can add further fees for steps such as handling the land charge or carrying out the contract, plus expenses, and the land register charges separately. The German-language notary cost guide models an entire invoice with and without a land charge. Ask the notary for a written cost estimate, since only the notary knows which activities your file needs.

Timing matters for foreign payments. Under section 10 GNotKG, notary fees fall due when the procedure or transaction ends, while expenses fall due as soon as they arise. Checked 10.10.2026. The purchase price itself is paid on a separate schedule set in the contract, normally after the notary confirms the agreed conditions. A common safeguard is to pay the price only after that confirmation and to verify any bank details by telephone with the notary’s office if an email changes them.

Attending from abroad: interpreter, power of attorney and apostille

If you do not speak German well, section 16 BeurkG applies (checked 10.10.2026). When a participant does not sufficiently understand the language of the deed, the notary should record this finding, and the deed must be translated for that person instead of being read aloud. On request the translation is also given in writing and attached to the deed. Unless the notary translates personally, an interpreter must be called in. Tell the notary at the first contact, so the appointment is planned with an interpreter, and ask who arranges and pays for that person before you agree.

A power of attorney lets someone sign for you. Under section 12 BeurkG, proof of the representative’s authority is attached to the deed, as the original or a certified copy. A foreign-signed document faces a further hurdle at the land register: section 29 (1) of the Land Register Code (GBO) requires declarations needed for an entry to be proven by public or publicly certified documents (checked 10.10.2026). Ask the German notary to draft or approve the power of attorney first, and sign it only in the form the notary confirms, for example before a notary in your country of residence.

Many countries issue an apostille under the Hague Convention of 1961 to confirm the authenticity of a public document for use abroad. Whether an apostille, a different legalisation or a certified translation is needed depends on the issuing country and on what the German notary and land register accept. This page lists no country rules, so ask the notary which route they accept and allow weeks for certificates.

Do not plan to sign online. Section 16a BeurkG allows notarisation by video communication only where another statute permits it. The Limited Liability Companies Act allows it for the formation of a limited company (section 2 (3) GmbHG, checked 10.10.2026), and that is the example people usually mean. We found no comparable permission for a property purchase contract under section 311b BGB in the sources checked for this page. Plan for an in-person appointment or a properly authorised representative, and confirm the position with the notary.

Real estate agent commission in Germany: the split for consumers

Agent commission is a contract between you and the broker, not part of the notary fee. The statutes below set no commission rate, so the amount is whatever is agreed in the broker contract and any later agreement with the seller. We quote no percentage, because no checked source supports one. The German-language broker commission guide works through examples if you read German.

The special rules apply to a contract to buy a flat or a single-family house where the buyer is a consumer, meaning a natural person acting mostly outside a trade or independent profession (section 13 BGB and section 656b BGB, checked 10.10.2026). Living abroad does not by itself remove consumer status. A broker contract for such a purchase needs text form (section 656a BGB, checked 10.10.2026), so a verbal promise is not enough.

• Broker acts for both sides: both may be asked to pay only in equal amounts. If the broker works free of charge for one side, the broker may not take a fee from the other (section 656c (1) BGB). A waiver also benefits the other party.
• Only one side hired the broker: an agreement that makes the other party pay or reimburse commission is valid only if the party who hired the broker remains liable for at least the same amount. The claim against the other party falls due only after the hiring party has paid and proof is provided (section 656d (1) BGB).
• A broker contract that departs from the equal-amount rule in section 656c (1) sentences 1 and 2 is void (section 656c (2) BGB).

These rules protect consumers buying flats and single-family houses. They do not tell you the rule for other property types, a company buyer or an investment structure, so ask a lawyer if your case differs. Before you sign, check who is named as the client in the broker contract, what triggers payment, and whether a seller-side agreement in the sale contract depends on proof that the seller has paid.

Common mistakes buyers abroad make with notary fees and commission

1. Treating the notary as your adviserThe notary is neutral. Get independent advice on price, financing and tax from your own advisers, and let the notary explain the legal text.
2. Budgeting only the table feeThe certification fee is one line. Ask for a written estimate that includes land register charges and any further activities, and compare it with the closing costs guide.
3. Leaving the power of attorney to the last weekCertification, apostille or translation takes time. Agree the wording with the German notary first and keep the original for the appointment.
4. Assuming the commission is fixed by lawThe law governs the split, not the amount. Read the broker contract and check the text form and who the client is.
5. Paying on an emailed instructionVerify payment details by telephone with the notary or broker office using a number from an independent source.

Use the buying checklist to gather documents before the appointment and the overview of buying in Germany to see how the other guides fit together. The German-language methodology and the German-language editorial page explain how we source and update these guides. This is general information, not legal, tax or financing advice.

Frequently asked questions