application for property division

Prerequisites

• You are the owner of the property to be divided.
• The owner's declaration that the division is desired must be publicly certified. This declaration must be attached to the application or your application must be included in the declaration. Certification is carried out either by the surveying office or by a notary.

Documents required

• Publicly certified application. Certification is possible at the notary's office or the surveying office.
• If applicable, proof of eligibility
  • Current commercial register extract for companies
  • Current extract from the association register for associations
  • If applicable, publicly certified power of attorney for representation
• information about the property
• Possibly approvals according to § 51 and / or § 144 of the Building Code

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• Submit the application for property division to the land registry office that maintains the relevant land records.
• The application must be submitted in a notarized form.
• Please attach all required documents.
• The land registry office checks your application, the documents and the requirements.
• If all requirements are met, the land registry office enters the division of the property in the land register.
• You will be informed about the entry.

Processing time

The processing time depends on the individual case and the workload of the respective land registry office.

Fees

Fixed fee 50 EUR No. 14160 KV GNotKG

Legal remedies

land registry complaint

Legal basis

§ 5 Land Register Act (GBO)

§ 7 Land Register Act (GBO)

§ 29 of the Land Register Act (GBO)

§ 890 Paragraph 1 of the German Civil Code (BGB)

§ 19 of the German Building Code (BauGB)

§ 8 HmbVermG (Hamburg Surveying Act)

Notarization Act (BeurkG)