Buying property in Germany: FAQs 

November 13, 2023

Following the launch of RPA's most recent investment property in Berlin, we have been inundated with questions from people who are interested to explore the market further but who are unsure around the process. With that in mind we have put together some answers to frequently asked questions in an attempt to make it clearer. For further questions please don't hesitate to get in touch.


How do you actually buy a property in Berlin? 

Transactions are handled by notaries, who by law, are required to be present at the signing of contracts known as notarisation. A notary is really a lawyer who specialises in property law and estate planning – they represent neither the buyer or seller, their function is purely legal to register the purchase with the necessary authorities. RPA can refer to you a notary once a sale in principle has been agreed. You can travel to Germany to exchange contracts or you can elect to use a lawyer with Power of Attorney who can represent you to the notary.

RPA can recommend a trusted POA. It’s important they have been notarised at the German consulate or through an apostille – determined by your place of residency. The notary then requests the sales contract from the developer and due diligence takes around two weeks. Once this is satisfactorily completed the notary will give notice to proceed to notarisation. This is the last chance to cancel the purchase. Once notarisation has taken place, the purchase is legally binding and you will be liable for the associated fees. 

What fees are involved in a property transaction? 

Aside from your reservation deposit, once you have been notarised you are liable for Notarisation and Land Registration fees which are 2-2.5% depending on value of property (0.5% of which is the land reg fee). A Property Acquisition Tax of 6% is payable usually two weeks after your land registration fees along with the first stage payment of your purchase as agreed with the developer, which typically in Germany is 30% of the property price.  

 

In summary:  

  • Transfer Tax 6% 

  • Land Registry: 0.5% 

  • Notary: 1% 

  • Legal: 1% 

  • Total acquisition costs: 8.5% 

What are the mortgage rates like in Germany? 

Germany has historically enjoyed lower interest rates than that of the UK. Eighty per cent of German residential real estate is financed with loan terms of more than five years. Institutions in Germany are estimating the average mortgage rate to be around 3.8% by the end of 2024. According to German real estate agent Volsung, “Unless you are living in any of the countries blacklisted by the EU you are virtually assured to get a mortgage with an LTV up to 60%.” They advise of mortgage rates between 3.85-4.5% varying based on your unique financial circumstances. 

 

What about any tax liability? 

Owning property means you will have to fill out an annual German tax return with a progressive rate between 14-45%. Even if you fall below the taxable threshold of 14% non-German residents do not qualify for the 0% tax rate on personal income tax rates and so you can expect a minimum tax rate on income earned at 14%. 

That said, there are lots of deductions that qualify for landlords to reduce their income tax burden in Germany. Also, unlike the UK, and much to an investor’s advantage, if you sell after 10 years there is no capital gains tax (unless you own three or more properties). What’s more, if you sell, the buyer takes on all costs associated with the purchase.  

 

What do I need to know about the rent cap and rent control legislation that affects parts of Berlin? 

As of 15th April 2021, the Mietendeckel (rent cap) was declared unconstitutional and therefore no longer exists. However, there is an older policy in place the Mietpreisbreme which dictates that landlords cannot increase rent above 10% of local prices; a policy that is valid until the end of May 2025. Yet, with rents rising by 42% in the five years up to November 2021, the existence of the Mietpreisbreme is not something that we see affecting landlord’s returns and only adds to Berlin’s desirability amongst tenants as a good place to relocate and rent. 

What does Eigentum mean? 

Freehold ownership 

 

What does Wohnungeigentum mean? 

This translates as ‘Condominium ownership’, which is the equivalent to leasehold. 

 

Do German new-build properties come with warranties? 

Building warranties tend to be five years in Germany. 

Check out our property in Berlin

SPREETAL LIVING

BERLIN – SIEMENSSTADT, CHARLOTTENBURG

PRICE: €187,500 - €269,220

30% STAGED DEPOSIT

UP TO 5.2% RENTAL YIELD

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RICHARD BRADSTOCK

MANAGING DIRECTOR

about the AUTHOR

RPA’s founder, Richard has worked in residential development investment for 20 years and oversees the general running of the business ensuring the RPA Group retains true to its founding principles. Over his career Richard has built an incredible network of international property investors and like-minded industry professionals. The RPA Group was born out of a duty of care to provide property investors with an industry-leading and integral service, one that connects investors with quality and desirable investment opportunities, whilst providing reliable and trustworthy market commentary and analysis alongside, enabling investors to make the best, most-educated decisions for them.