Buying a flat in Germany without travelling: power of attorney, approval, remote completion
Many buyers from abroad do not want to travel to Germany for every appointment. That is possible – but only through representation at the notary, as notarisation by video is currently not permitted for property purchase contracts. The correct form of power of attorney is important.
Is there online notarisation for buying a flat?
No, not as at October 2026. Under § 16a of the Notarisation Act (Beurkundungsgesetz), notarisation by video communication via the Federal Chamber of Notaries' system is only permitted where a law expressly allows it. Such permissions exist mainly in company law, for example when founding a GmbH; there is none for property purchase contracts.
On 7 May 2026, the Bundestag passed an act on digitalising the execution of real estate contracts. It concerns electronic exchange between notaries, land registries and authorities after notarisation (from 2027), not the notarisation itself. The so-called electronic in-person notarisation (elektronische Präsenzbeurkundung) also requires presence before the notary.
Option 1: power of attorney before the appointment
You authorise a person of trust to make the declarations for the purchase contract and the conveyance (Auflassung) in your name. For the land registry to accept the declarations, the power of attorney must, under § 29 of the Land Register Code (Grundbuchordnung), at least be publicly certified, i.e. with a notarially certified signature. In certain cases – for example an irrevocable power of attorney – case law requires notarisation; the notary in Germany should therefore draft the text of the power of attorney in advance.
Abroad, the signature can be certified at a German mission; under the Consular Act (Konsulargesetz), consular deeds are equivalent to those of a German notary. Not every mission offers this, and honorary consuls are not obliged to – clarify the appointment and service in advance.
Alternatively, a notary in your country of residence certifies the signature. For use in Germany, an apostille under the 1961 Hague Convention is then usually required, as well as a translation if the power of attorney is not drawn up in German. Bilateral agreements on exemption from legalisation exist with several countries, including France, Italy and Greece; the German notary should confirm in advance whether they apply to your specific notarial deed.
Option 2: representation without power of attorney with subsequent approval
Frequently, a representative without power of attorney acts at the notarisation, for example an employee of the notary or a person of trust. The contract is then provisionally ineffective (schwebend unwirksam) until the buyer approves it (§ 177 BGB). The approval is then declared abroad with a certified signature and sent to the notary.
If the buyer is a consumer and the seller a business, under § 17 (2a) of the Notarisation Act (Beurkundungsgesetz) the consumer should in principle make their declarations personally or through a person of trust. The notary decides which route is permissible in the individual case.
Video viewings and digital documents
A video viewing does not replace a surveyor, but it can show the floor plan, condition and surroundings well. Ask for an unedited live tour, footage of the windows, bathroom, heating and staircase, and the documents of the owners' association. In a sale without a viewing, the energy performance certificate must be presented without delay, at the latest on request.
Tax ID, bank account and payment
The notary must notify the tax office of the purchase; under § 20 of the Real Estate Transfer Tax Act (Grunderwerbsteuergesetz), the notification also contains the tax identification number of the parties. Anyone without a residence in Germany often does not yet have one. Clarify early with the notary how the number will be obtained or replaced for you.
A German bank account is not required for the purchase. However, the purchase price must be transferred by non-cash means (§ 16a Money Laundering Act (Geldwäschegesetz)); for international transfers, allow sufficient time and, where applicable, for exchange-rate risks.
Handover by a representative
The key handover can be carried out by an authorised person, a property manager or a service provider. A simple written power of attorney is usually sufficient for the handover. Have a report prepared with meter readings, number of keys and photos.
Sources
- https://www.gesetze-im-internet.de/beurkg/__16a.html
- https://www.haufe.de/immobilien/wirtschaft-politik/digitaler-notarvertrag_84342_513880.html
- https://www.gesetze-im-internet.de/gbo/__29.html
- https://www.gesetze-im-internet.de/konsg/__10.html
- https://www.auswaertiges-amt.de/de/service/konsularinfo/beurkundungen-beglaubigungen
- https://www.hcch.net/de/instruments/conventions/status-table/?cid=41
- https://recht.nrw.de/lrmb/verwaltungsvorschrift/20052025-beglaubigung-und-legalisation-von-urkunden-die-zum-gebrauch-im/
- https://www.gesetze-im-internet.de/bgb/__177.html
- https://www.gesetze-im-internet.de/beurkg/__17.html
- https://www.buzer.de/80_GModG.htm
- https://www.gesetze-im-internet.de/grestg_1983/__20.html
- https://www.gesetze-im-internet.de/gwg_2017/__16a.html
- https://eur-lex.europa.eu/eli/reg/2014/833/oj
- https://eur-lex.europa.eu/eli/reg/2014/269/oj
Frequently asked questions
Is a power of attorney with a simple signature sufficient?
Not for the land register. At least a publicly certified signature is required (§ 29 GBO); in some cases a notarised power of attorney.
Can I sign at the notary via Zoom?
No. Video notarisation is not permitted by law for property purchase contracts (as at October 2026).
How long does the subsequent approval take?
That depends on the appointment at the consulate or notary abroad, the apostille and postal times. Allow several weeks; the contract only becomes effective once the approval has been received.
General information, as at October 2026. It does not replace advice from a tax adviser, solicitor or notary.
