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Selling guide
Selling property in Berlin while living abroad
Many steps of a sale can be dealt with in writing. If you do not travel to the notary appointment, you need a power of attorney (Vollmacht) or you approve the contract afterwards. What can be done remotely and how to plan the appointment.
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In short. Documents, viewings and negotiations can be organised from abroad. The purchase contract for a property must be notarised by a notary (§ 311b para. 1 BGB, German Civil Code), according to the Federal Chamber of Notaries (Bundesnotarkammer) only in person and not by video. If you do not travel, you first give a person you trust a power of attorney (Vollmacht); the land registry only accepts powers of attorney with at least a notarially certified signature (§ 29 GBO, Land Register Code). In exceptional cases, you approve the contract afterwards. Certification (Beglaubigung) can be done by German missions abroad, whose documents have the same standing as those of a notary in Germany, or by a notary in your country of residence; depending on the country, that notary's document needs an apostille or legalisation for use in Germany. Clarify tax questions with a tax adviser before the notary appointment.
What can be done remotely and what cannot
Much of what happens before the notary appointment does not require you to be present. You conclude the agency agreement for a flat or a single-family house in text form; an email is sufficient (§ 656a BGB, German Civil Code). You apply for documents in writing or have them requested on your behalf with a power of attorney, and your estate agent handles viewings and the handover.
The purchase contract is different. According to the Federal Chamber of Notaries (Bundesnotarkammer), online notarial procedures exist only for certain company law transactions and for register filings. The notary notarises the purchase of a property exclusively in person. The steps at a glance:
| Step | From abroad | Basis |
|---|---|---|
| Agency agreement | by email; text form is sufficient for a flat or single-family house | § 656a BGB |
| Land register extract | in writing by post or fax | Service Berlin |
| Extract from the cadastral map (Flurkarte) | online or in writing | Service Berlin |
| Information from the register of building encumbrances | by post, fax or scanned by email, with a handwritten signature | Service Berlin |
| Viewings and handover | by your estate agent or an authorised person | Agency agreement, power of attorney |
| Purchase contract at the notary | in person only; you can be represented | § 311b para. 1 BGB, Federal Chamber of Notaries |
| Certification of a power of attorney or approval | at a German mission abroad or a notary in your country of residence, in person | § 10 KonsG, Federal Foreign Office |
The notary appointment: travel or be represented
The purchase contract for a property must be notarised (§ 311b para. 1 BGB, German Civil Code). The Federal Chamber of Notaries (Bundesnotarkammer) advises attending in person if possible, because questions can be clarified directly at the appointment. If that is not possible, there are two routes.
First, a power of attorney. Before the appointment, you authorise a person you trust to sign the contract in your name. For property, a power of attorney in simple written form (privatschriftlich) is, as a rule, not enough: the land registry may only accept powers of attorney on which at least the signature is notarially certified (§ 29 GBO, Land Register Code). The Federal Chamber of Notaries recommends a notarised power of attorney (notarielle Vollmacht). Agree its scope in advance with the notary's office that will notarise the contract. If the buyer is financing the purchase price, the sale fails, according to the Federal Chamber of Notaries, if, for example, the power of attorney does not also cover submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung).
Second, approval afterwards. In exceptional cases, someone can act for you without a power of attorney. The contract then only becomes effective once you approve it (§ 177 para. 1 BGB). To do so, you confirm with a notarially certified signature that the declarations were made in line with your wishes. Until then, the buyer has no certainty that the contract will come into being. If the buyer asks you to approve it, you can only do so within two weeks; after that, approval is deemed to have been refused (§ 177 para. 2 BGB).
A power of attorney or an approval costs extra, because a further notarial step is required. If you attend yourself and do not speak sufficient German, the notary must translate the notarial record (Niederschrift) for you instead of simply reading it out; on request, you also receive the translation in writing. If the notary does not translate it personally, they call in an interpreter (§ 16 BeurkG, Notarisation Act). The procedure at the appointment is described in the guide Notary appointment and land register.
Having your signature certified abroad
You do not have to travel to Berlin for a power of attorney or an approval. German consular officers may certify signatures and notarise declarations; their documents have the same standing as those of a notary in Germany (§ 10 paras. 1 and 2 Konsulargesetz, Consular Act). You must appear in person to have a signature certified. According to the Federal Foreign Office (Auswärtiges Amt), not every German mission abroad offers every type of notarisation, and unlike a notary in Germany, consular officers are not obliged to notarise. So check in good time with the embassy or consulate whether they can help you. The fees are based on the Federal Fees Act (Bundesgebührengesetz).
The other route is via a notary in your country of residence. For such a foreign document to be recognised in Germany, it needs proof of its authenticity, depending on the country. In the states party to the Hague Convention of 5 October 1961, this is the apostille, issued by an authority of the state in which the document was drawn up. Otherwise, the German mission abroad confirms its authenticity by legalisation (§ 13 Konsulargesetz). Agreements with some states allow certain documents to be used without either. According to the Federal Foreign Office, the German authorities decide for themselves whether a foreign document is recognised as authentic without further proof.
So before you sign, clarify the wording, language and form of the power of attorney with the notary's office in Berlin that will notarise the contract.
Obtaining documents remotely
As the owner, you receive the land register extract without having to give further reasons. You apply in writing by post or fax, informally or using the State of Berlin's form, at any Berlin local court (Amtsgericht) with a land registry. A simple printout costs €10, a certified one €20. You cannot access the land register online: the automated retrieval procedure is open to notaries, authorities, courts and publicly appointed surveyors. Anyone who is to inspect it on your behalf with a power of attorney presents the original power of attorney.
Other information can also be obtained in writing. You apply for information from the register of building encumbrances (Baulastenverzeichnis) by post, fax or as a scan by email, in each case with your handwritten signature; the extract from the cadastral map (Flurkarte) can also be requested online. With your written power of attorney, your estate agent can request the land register extract, building encumbrance information, building file and the property manager's documents for you. Which papers a sale requires is set out in the guide Documents for selling a property.
Estate agents and notaries must identify their contractual partners under the Money Laundering Act (§ 11 GwG). Have a valid identity card or passport ready for this.
Vacancy and letting
If your flat or house stands empty while you live abroad, Berlin's ban on the misuse of residential space (Zweckentfremdungsverbot) applies. Residential space may not stand empty for longer than three months without a permit (§ 2 para. 1 no. 4 ZwVbG, Berlin Act on the Ban on Misuse of Residential Space). After that, you must report the vacancy to the district office (Bezirksamt) without delay and give reasons (§ 5 para. 8 ZwVbG), and you need a permit. The law makes no exception for the period of the sale.
The situation is different if you use the flat yourself as a second home. That counts as residential use, and periods when you are away do not count as vacancy as long as your own use is genuine (implementing regulations on the ban on misuse, no. 7). Details and fees are in the guide Ban on the misuse of residential space (Zweckentfremdungsverbot) when selling.
If the flat is let, the buyer takes over the tenancy agreement and also the rent deposit (§ 566, § 566a BGB, German Civil Code). Have the tenancy agreements with addenda and proof of the deposit ready. If the flat was converted into an owner-occupied flat only after the tenant moved in, the tenant may have a right of first refusal on the first sale (§ 577 BGB); more on this in the guide Tenant's right of first refusal.
Tax questions before the notary appointment
Please clarify tax questions about the sale with a tax adviser before the notary appointment. The basics are covered in the guide Ten-year holding period for property. Tax advice is not one of our services.
What we handle on site
We handle viewings, documents and coordination with the notary on site. You do not have to make the journey every time. In detail, as described on the page Selling with BBI:
- We inspect the property on site and give you a price range with the workings. The initial assessment is free of charge and without obligation.
- We obtain the land register extract, declaration of division (Teilungserklärung), minutes and living space calculation. If the energy performance certificate is missing or has expired, we have one issued and cover the costs.
- Viewings take place as individual appointments, and you receive feedback after each one.
- At least every two weeks, you receive a report in text form, i.e. by email or on paper, on enquiries, viewings and purchase offers.
- We coordinate the draft purchase contract with the notary's office. After the notary appointment, we organise the handover with a handover report, meter readings and a list of keys.
This scope applies to the sale of residential property under a sole agency agreement; your agency agreement is what counts. A property valuation in Berlin shows what your property could fetch today. If you are selling a plot, the guide Selling a plot in Berlin will help.
Legal notice. This article reflects the position as of 10 October 2026 and is intended for initial orientation. It does not replace legal or tax advice in the individual case. As estate agents we may not and do not wish to provide legal advice; our assessments are not market value appraisals (Verkehrswertgutachten). Questions about the power of attorney, form and certification are answered by the notary's office that will notarise the contract, and questions about tax by a tax adviser.
Sources
- Federal Chamber of Notaries (notar.de): Notary appointment, even without me?, 5 November 2020, attendance in person, notarised power of attorney, representation without authority and approval, additional costs
- Federal Chamber of Notaries (notar.de): Beware of powers of attorney in simple written form, 3 September 2021, land registry, certified signature, submission to enforcement
- Federal Chamber of Notaries (notar.de): online notarial procedures, company law and register filings; property purchase in person only
- Federal Foreign Office: notarisations and certifications by German missions abroad, same standing as a notary, attendance in person, no obligation to notarise, fees
- Federal Foreign Office: international use of documents, legalisation, Hague Apostille Convention of 5 October 1961, agreements
- § 10 Consular Act (Konsulargesetz, KonsG), notarisations and certifications
- § 13 KonsG, legalisation of foreign public documents
- § 29 Land Register Code (GBO), proof by public or publicly certified documents
- § 311b German Civil Code (BGB), notarisation of the contract for the sale of land
- § 177 BGB, conclusion of a contract without authority, approval
- § 16 Notarisation Act (BeurkG), translation of the notarial record
- § 656a BGB, text form of the agency agreement
- § 11 Money Laundering Act (GwG), identification
- § 566 BGB, sale does not break a lease
- § 566a BGB, rent deposit
- § 577 BGB, tenant's right of first refusal
- Service Berlin: land register, copy, written application by post or fax, original power of attorney, €10 and €20
- Service Berlin: keeping of the land register, electronic land register, automated retrieval procedure
- Service Berlin: real estate cadastre, information and extract, application online or in writing
- Service Berlin: register of building encumbrances, information, application by post, fax or scanned by email
- § 2 Zweckentfremdungsverbot-Gesetz (ZwVbG), vacancy of more than three months
- § 5 ZwVbG, notification of vacancy
- Implementing regulations on the ban on misuse of residential space (AV-ZwVb), Official Gazette for Berlin no. 54 of 20 December 2024, no. 7, second home used by the owner
All sources accessed on 10 October 2026.
Frequently asked questions
Selling from abroad: frequently asked questions.
Answers as of: 10 October 2026
Can I sell my Berlin property without travelling to Germany?
Yes, if you are represented at the notary appointment. The notary notarises the purchase contract only in person, not by video. Beforehand, you give a person you trust a power of attorney (Vollmacht) on which your signature is at least notarially certified (Beglaubigung), for example at a German mission abroad (embassy or consulate). Documents, viewings and handover can be organised without you being present.
Is a simple written power of attorney enough for the notary appointment?
As a rule, no. The land registry may only accept powers of attorney on which at least the signature is notarially certified (§ 29 GBO, Land Register Code). For property matters, the Federal Chamber of Notaries (Bundesnotarkammer) recommends a notarised power of attorney. Agree its scope in advance with the notary's office that will notarise the contract.
What does subsequent approval (Nachgenehmigung) mean at the notary appointment?
If someone acts for you at the notary appointment without a power of attorney, the contract only becomes effective once you approve it (§ 177 BGB, German Civil Code). To do so, you confirm with a notarially certified signature that the declarations were made in line with your wishes. Until then, the buyer has no certainty. The Federal Chamber of Notaries (Bundesnotarkammer) considers this route only for exceptional cases.
Where can I have my signature certified abroad?
At a German embassy or consulate; their documents have the same standing as those of a notary in Germany (§ 10 Konsulargesetz, Consular Act). You must appear in person. Alternatively, a notary in your country of residence can certify it. Depending on the country, that notary's document needs an apostille or legalisation for use in Germany.
How do I obtain a land register extract from abroad?
As the owner, you apply for it in writing by post or fax to a Berlin local court (Amtsgericht) with a land registry. A simple printout costs €10, a certified one €20. Owners cannot access the land register online. With your written power of attorney, your estate agent can also request the extract.
May my flat in Berlin stand empty until it is sold?
Up to three months without a permit. After that, you must report the vacancy to the district office (Bezirksamt) and need a permit (§ 2 para. 1 no. 4, § 5 para. 8 ZwVbG, Berlin Act on the Ban on Misuse of Residential Space). If you use the flat yourself as a second home, this counts as residential use as long as your own use is genuine.
Living abroad and selling in Berlin?
We handle viewings, documents and coordination with the notary on site and show openly how we arrive at the market value.