Eintragung des Erbbauberechtigten berichtigen lassen

You can apply for the correction of the hereditary building land register if there is a land register inaccuracy.

You can apply for the land register to be corrected if the land register is incorrect. This is the case if the person of the heritable building beneficiary has changed and the true heritable building beneficiary is not yet apparent from the land register, e.g. in the case of an inheritance. This does not include cases in which there has merely been a change of name (e.g. as a result of marriage).

Further documents must be submitted to the relevant land registry together with the application. If the land registry considers the land register inaccuracy to be proven, the land register entry is corrected accordingly.

• written application for registration, if necessary in publicly notarised or publicly certified form, if the application also contains the consent of the true heritable building right holder (see below)
• publicly certified consent to registration of the person wrongly registered as the heritable building right holder (so-called book right holder) or
  Proof of incorrectness by means of a public or publicly authenticated document
  
• publicly certified or publicly authenticated consent of the true heritable building right holder to be registered or of the true heritable building right holder to be registered or
  Proof of incorrectness by means of a public or publicly authenticated deed or
  application by an enforcement creditor who is the holder of an enforceable title against the true beneficiary together with presentation of the corresponding title and proof of the inaccuracy in the land register by means of a public deed
  
  

For the correction of the heritable building land register, an application for correction must be submitted by you or the notary notarising the land register. The correction of the entry of the heritable building right holder takes place if all required documents have been submitted in due form and no obstacles to entry exist.

(as of November 2020)

minimum EUR 15 - maximum EUR 26,585 (with a maximum transaction value of EUR 60,000,000):
For the corrective registration of a heritable building right holder or a heritable building right holder, a full fee is generally charged by the land registry. The specific amount of the fee depends on the business value (value of the heritable building right).

However, the fee for registration is not charged if the heir or the heirs of the registered heritable building right holder submits or submits the application for registration to the Land Registry within two years of the inheritance.

In addition to the costs for the work of the land registry, costs for the work of the notary may also be incurred in accordance with the Law on Court and Notary Costs (Gerichts- und Notarkostengesetz, GNotKG). Please enquire about the amount of the notary's fees with the notary working in your case. You can also find information and examples of notarial costs on the website of the Federal Chamber of Notaries (for link see further information).

You must apply for the entry at the land registry. If any registration documents have to be certified or notarised by the notary public for the registration of the correction, the notary public will generally apply for the correction at the land registry office.

• The documents required for registration are checked by the responsible Rechtspfleger at the Land Registry.
• If documents are incomplete or not in the correct form, the responsible Rechtspfleger will inform the notary or you of this in writing and request that the missing documents or the documents in the correct form (publicly certified or authenticated form) be submitted.
• If all the required documents have been submitted, the competent Rechtspfleger will carry out the correction of the land register entry.
• The notary submitting the application and you will be notified of the entry made with the notification of entry.
• In principle, you will receive an invoice from the land registry. However, the fee is waived in the case of an application for correction by the heir(s), as described in more detail in the "Costs" module.

individually, depending on the encumbrance situation of the responsible land registry office as well as the point in time when all required documents are submitted to the land registry office in due form

• Land register entry of heritable building right correction
• Correction of the heritable building right is carried out by the land registry office
• All requirements must be met
• all required documents must be submitted to the land registry in due form
• responsible: Land registry office at the local court where the heritable building right land register is kept.

The land registry of the district court in whose jurisdiction the property is located is responsible.