buying a house in Germany

Question

I am a third country national. I have a temporary resident permit in Poland (EU). Can I buy a house in Germany? Does the law allow me to do it? Does anybody know exactly what I should do? I do not want to buy a luxurious house so no lawyer is required for me.

Answer 1

In Germany there is no citizenship restriction for the acquisition of property.

It is mainly a matter of contract law.

The source below cites §311b, §873 and §925 of the German Civil Code as of being of major importance.

A notary (Notar: a person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions) is generelly always used.

A tax consultant (Steuerberater) would also be advised.

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Wer kann in Deutschland ein Haus kaufen?

In Deutschland kann grundsätzlich jeder eine Immobilie erwerben. Ausländische Staatsbürger oder ausländische Firmen können grundsätzlich genauso wie deutsche oder andere EU-europäische Personen oder Firmen, in grundsätzlich unbeschränkter Zahl, Immobilien erwerben.

Der Grundstückserwerber muss voll geschäftsfähig sein. Ein beschränkt geschäftsfähiger oder ein Geschäftsunfähiger kann aber – genauso, wie bei anderen Verträgen – beim Grundstückserwerb wirksam vertreten werden. Die Vollmacht zum Abschluss eines Kaufvertrages über eine Immobilie ist grundsätzlich formfrei.

Grundsätzlich können alle juristischen Personen Immobilien erwerben.

Who can buy a house in Germany?

In Germany, basically anyone can buy a property. In principle, foreign citizens or foreign companies can acquire real estate in the same way as German or other EU-European persons or companies, in principle an unlimited number.

The purchaser of the property must have full legal capacity. However, a person with limited legal capacity or a person with no legal capacity can - just as with other contracts - be effectively represented when acquiring real estate. The power of attorney to conclude a purchase contract for a property is generally free of any form.

In principle, all legal entities can acquire real estate.

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Sources:

• German Civil Code (Bürgerliches Gesetzbuch BGB)
  • §311b - Contracts on plots of land, assets and an estate
  • §873 - Acquisition by agreement and registration
  • §925 - Declaration of conveyance

Answer 2

A lawyer (specifically a Notar) is required as a matter of German law. (Otherwise you won't actually get to own the house after you have paid the money.)

Anybody can buy property in Germany. It's somewhat pointless, but you can even buy property despite not having a visa which enables you to visit†. As a legal resident of Poland, you can visit Germany (I don't know the time limits, but it's probably something like the standard "no more than 90 days in any 180 day period") - but you would have to obtain a residency permit in Germany to live there full time.

The process is that you browse the estate agents' website (search for Immobilien or Markler); you view houses you like; you make an offer on one. If it is accepted, you need the Notar to formalize the sale. You and the seller both pay the Notar, and (at least in Baden-Württemberg) you both pay the Markler.

You will probably find it quite hard to get a mortgage, so you will need the money in an account somewhere - and you will have to show where you got it from (as part of anti money laundering rules).

One thing you should be aware of: most people in Germany rent, so there are very few small houses for sale (if you want a small house, you rent it; it's only when you are ready to buy a large-ish "forever home" that you actually buy).

† If you are sufficiently wealthy, stashing some of your wealth in a stable asset (like property) in a stable country (like Germany) can make sense.