Service Finder
Granting of an inspection of the land register
Service Description
For example, the land register provides you with information on
- who is the owner of a piece of land,
- whether third parties have rights to a property and, if so, what these rights are, for example, encumbrances or easements, or
- whether there are priority notices or certain restrictions on disposal.A priority notice secures a claim to transfer of ownership under a purchase agreement or other arrangement.
For example, prior to the purchase of a plot of land, any rights of third parties to the seller's property can be determined by inspecting the land register in order to avoid taking over a plot of land with value-reducing encumbrances of which the buyer is unaware, for example a lifelong residential right of a third party. However, since most land transfers require notarization, the land register inspection is usually performed by the notary who is entrusted with the land transaction and informs the parties to the contract in this regard.
If you wish to inspect the land register only once or occasionally, you can apply for inspection at the land registry office. You can
- inspect the land register free of charge on site at the land registry office or the land registry inspection office of a municipality,
- have an extract from the land register sent to you for a fee
- inspect the land register at a notary public for a fee.
In principle, citizens do not have direct online access to the land register. Authorities, notaries, courts and publicly appointed surveyors can, under certain conditions, obtain unrestricted online access to the land register (unrestricted retrieval procedure).
Persons or bodies for whom a large number of land register inspections or special urgency is to be expected can be admitted to the restricted retrieval procedure, for which a justified interest must be assured for each online retrieval. Such persons or entities may be, for example:
- Lawyers who carry out compulsory enforcement proceedings
- Insurance companies
- banks or
- Utility companies
Process flow
If you only want to inspect the land register once, you can apply for this at the land registry office or a notary. You can find out the form of the request (verbally, in writing or electronically by e-mail) from the respective office.
If you want to inspect several times, you can request access to the land register portal. Please note that the available access procedures (restricted or unrestricted) are only available to certain (state) agencies and persons, but not to individual citizens. You make the request as follows:
- Open the land register portal in the federal and state justice portal.
- Select the federal state in which the property is located
- Select "Admission" and follow the instructions on the page that opens to gain access to the portal
- Once you have the access information, click on the appropriate state again and select "Access"
- Enter your access data
- Log in with your access data
- You can now:
- view a specific land register sheet,
- print out the contents of the land register
- search for an unknown land register sheet based on information about the parcel or owner,
- find out when the last land register entry was made,
- determine whether the land registry has received applications for registration of a specific land register page that have not yet been executed.
Requirements
General admission requirements:
- You must have a legitimate interest to inspect the land register.
- The justified interest to inspect the land register must be presented to the land registry office. In individual cases, the land registry may require a prima facie case or proof of the interest.
- The owner of the property and all holders of rights entered in the land register, for example creditors of a land charge, have a legitimate interest.In addition, an economic or public interest may also be sufficient, for example, land adjusters who want to obtain information about the neighboring owner, a tenant to determine whether the landlord is the owner or an heir.
Requirements for frequent inspection for professional reasons for certain professionals:
If you need to inspect the land register particularly frequently for professional reasons, you must meet the following requirements:
- the appropriateness of the form of online data transmission, taking into account the interests of the real estate beneficiaries concerned that are worthy of protection because of the large number of transmissions or because of their particular urgency,
- compliance with the principles of proper data processing on the part of the recipients,
- that on the part of the office keeping the land register the technical possibilities of setting up and handling the procedure are given and that a disturbance of the business operations of the land register office is not to be expected, and
- it must be possible to check the retrievals on the basis of a log.
Which documents are required?
- Passport or identity card
- if the property is not yours: documents showing your legitimate interest (e.g. declaration of consent by the owner)
What are the fees?
- Inspection of the land register at the land registry: free of charge
- Issuance of a printout from the land register by the land registry: 10.00 EUR
- Issuance of an official printout: 20,00 EUR
- Printout from the land register by a notary: 10,00 EUR
- Certified printout: 15,00 EUR plus expenses of the notary, in particular the retrieval fee of 8,00 EUR (per land register sheet).
Processing duration
After receiving the access data, you can start viewing immediately.
Legal basis
Appeal
Online services available: No
What else should I know?
To protect the owner, you may only inspect the land register if you can prove a legitimate interest. Creditors, for example, may inspect the land register if they wish to foreclose.
Would you like to buy a property and inspect it for this reason? The owner must agree to this. Have them confirm in writing that they allow you to inspect the land register.
Technically approved by
Federal Ministry of Justice (BMJ)
Professionally released on
09.10.2024
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)