Have a partial ownership land register set up

Part-ownership is the ownership of non-residential rooms of a building in conjunction with the co-ownership share in the common property.

Commercial property is the ownership (separate ownership; also called spatial ownership) of non-residential rooms of a building in conjunction with the co-ownership share in the common property (land and the building, insofar as they are not in separate ownership or in the ownership of a third party). Non-residential rooms are, for example, shops, medical practices, or cafes.
If you want to establish partial ownership, registration in the land register is required. For this purpose, partial ownership land registers are created. Before this can happen, however, you must first create the prerequisites for partial ownership. This can be done in two ways:

• If you are a co-owner of a plot of land, a notarized partition agreement of all co-owners in accordance with the Condominium Act is required for this. In doing so, you reach an agreement with all co-owners and grant each other partial ownership through partition. Each of you then receives ownership (partial ownership, separate ownership; also called room ownership) of non-residential rooms in a building already erected or yet to be erected on the property.
• You can effect a division under the Condominium Act by means of a notarized declaration if you are the sole owner of a plot of land. With the declaration, which you submit to the land registry, you divide the ownership of the land (so-called declaration of division). In doing so, you combine each share with the ownership (separate ownership; also called room ownership) of existing or future non-residential rooms. In addition, you assign to each share a co-ownership share of the property determined as a fractional share.
• The entry in the land register is made by the competent land registry office creating the partial ownership land registers. This means that a separate, distinct land register sheet is created for each spatial unit. As a result, a partial ownership unit can be sold, encumbered with mortgages or other rights, or inherited like any other real estate. The previous land register sheet for the property will be closed.

You must apply for the entry at the land registry. As a rule, the notary who notarized or authenticated the partition agreement or declaration of division arranges for the entry.

• The documents required for the entry are examined by the responsible judicial officer at the land registry.
• If documents are not complete or in the proper form, the responsible judicial officer will ask the notary public or
  Inform them in writing about this and request the submission of the still missing documents or the properly formatted (notarized or officially authenticated) documents.
• Once all required documents are available, the competent judicial officer will create the partial ownership land registers. The following will be entered into these special land register pages
   
   - the fractional share of co-ownership in the property
   - the property (separately owned property) belonging to the co-ownership share
   
• The completed registration will be communicated to you and the notary public who submitted the application via the registration notice.
• The invoice of the land registry office is being sent to you for payment of the costs.

(As of November 2020)

min. EUR 15 – max. EUR 26,585 (at a maximum transaction value of EUR 60,000,000):

For the registration of the contractual grant of ownership of non-residential premises or for the creation of partial ownership land registers in the event of division by the owner, a full fee is charged by the land registry. The specific amount of the fee depends on the value of the transaction. The value of the transaction is the value of the developed property. This also applies to a building yet to be constructed.

In addition to the fees for the activities of the land registry office, fees according to the Court and Notary Costs Act (GNotKG) are also incurred for the activities of the notary. Please inquire about the amount of the notary fees from the notary acting in your case. Furthermore, you can find information and examples regarding notary fees on the Federal Chamber of Notaries website.