Skip to content
MAXERA Rechtsanwälte

Other practice areas

Property law in Augsburg

Property purchases, building defects and condominium disputes each follow their own deadlines. A contract for the purchase of land must be notarised (§ 311b(1) sentence 1 BGB), defect claims relating to a building become time-barred five years after acceptance (§ 634a BGB), and a resolution of the owners' meeting can be challenged for one month (§ 45 WEG). In Augsburg we advise buyers, clients commissioning building work and owners.

5.0

reviews on Google & anwalt.de

10,000+

clients successfully represented

35+ years

of experience in the team

Checking a property purchase contract before notarisation

A contract for the acquisition of land must be notarised (§ 311b(1) sentence 1 BGB). The notary assists the parties independently and impartially and does not represent either party (§ 14(1) sentence 2 BNotO). We read the draft before the notary appointment.

When an existing property is bought, the contract almost always excludes liability for material defects. The seller can rely on such an exclusion only to the extent that the seller has neither fraudulently concealed the defect nor given a guarantee as to its condition (§ 444 BGB). Damp cellars and unauthorised uses typically fall under this point.

Ownership passes only upon agreement and entry in the land register (§ 873(1) BGB). Until then the priority notice of conveyance (Auflassungsvormerkung) protects the buyer: later dispositions by the seller are invalid to the extent that they would defeat the buyer’s claim (§ 883(2) BGB). Land transfer tax in Bavaria is 3.5 % (§ 11 GrEStG).

Notifying building defects and limitation after acceptance

If the work is defective, the client can demand subsequent performance, remedy the defect themselves and claim reimbursement of expenses, withdraw from the contract or reduce the price, and claim damages (§ 634 BGB). Which route works depends on the extent of the defect.

Defect claims relating to a building become time-barred five years after acceptance (§ 634a(1) no. 2 and (2) BGB). Acceptance also shifts the burden of proof: anyone who has accepted the performance as fulfilment must prove the defect (§ 363 BGB). That is why we attend acceptances in Augsburg and record outstanding points.

Condominium law and resolutions of the owners’ meeting

The Condominium Act (WEG) has applied since December 2020 in the version of the WEMoG. Since then, actions concerning resolutions are directed against the community of unit owners (§ 44(2) WEG). We represent owners in Augsburg in actions challenging resolutions, service charge claims and modernisation resolutions.

Structural alterations and allocation of costs

Structural alterations go beyond proper maintenance. The owners’ meeting resolves on them by a majority of the votes cast (§ 20(1) WEG, § 25(1) WEG). For barrier-free access, charging points for electric vehicles, burglary protection, a fibre-optic connection and plug-in solar devices, each owner can demand an appropriate measure (§ 20(2) WEG).

The costs are borne by the owners who passed the resolution, in proportion to their shares (§ 21(3) WEG). It is different where approval is broad. If the resolution achieves more than two thirds of the votes cast and half of all co-ownership shares, or if the measure pays for itself within a reasonable period, the costs are distributed across all co-ownership shares (§ 21(2) WEG).

One-month challenge period under § 45 WEG

An action challenging a resolution must be brought within one month of the resolution being passed, and its grounds must be submitted within two months of the resolution being passed (§ 45 WEG). Both periods start with the meeting.

If a resolution does not comply with proper administration, the court declares it invalid on an action by a unit owner (§ 19(1) WEG, § 44(1) WEG). The nullity of a resolution can be established without any time limit (§ 44(1) WEG).

Agency commission, neighbour law and boundary distances

Besides the purchase contract and condominium law, two topics affect almost every property in Augsburg: the commission on acquisition and the relationship with the neighbour. These are governed partly by federal law and partly by Bavarian state law.

Agency commission when buying a flat or house

An agency agreement for identifying or arranging a purchase contract for a flat or a single-family house must be in text form (§ 656a BGB). If both parties to the purchase contract enter into obligations towards the same agent, this is only effective if they commit to the same amount (§ 656c(1) BGB).

If only the seller concluded the agency agreement, the claim against the buyer becomes due only once the seller has paid and the seller or the agent provides proof of this (§ 656d BGB). We check commission invoices before payment.

Boundary distances, encroachment and conciliation in Bavaria

Bavarian neighbour law is set out in Art. 43 to 54 AGBGB. Under it, trees, shrubs and hedges may not be closer than 0.50 m to the boundary (Art. 47 AGBGB). If part of a building extends over the boundary without intent or gross negligence, the neighbour must tolerate the encroachment and receives an annuity in return (§ 912 BGB).

Before an action in the local court, Art. 1 BaySchlG requires an attempt at conciliation, for example for interference under § 906 BGB, overhanging branches under § 910 BGB and disputes under Art. 43 to 54 AGBGB. This requirement does not apply to encroachment under § 912 BGB.

Further information

These topics may also be of interest:

This information does not constitute legal advice in an individual case.

Property law in Augsburg

FAQ

Frequently asked questions: Other practice areas

Do I need a lawyer when buying property?
The notary is neutral and must advise both sides, but represents neither party. A lawyer reviews the draft contract solely in your interest and identifies risks the notary need not highlight. Particularly with high purchase prices and complex properties, legal advice before notarisation is advisable.
How long can I complain about building defects?
The warranty period is five years from acceptance of the works (§ 634a BGB). For defects fraudulently concealed the standard three-year limitation from knowledge applies. We recommend documenting defects early and, where appropriate, initiating independent evidentiary proceedings, which suspend limitation.
What can I do about a defective owners' resolution?
Defective resolutions must be challenged within one month of being passed (§ 45 WEG). The action is brought against the community. The court establishes the nullity of a resolution, for example because it infringes fundamental ownership rights, without any time limit (§ 44(1) WEG). Act quickly; the deadline is short.
How high is land transfer tax in Bavaria?
Bavaria charges 3.5 % land transfer tax, one of the lowest rates in Germany. On a purchase price of €400,000 that is €14,000. The rate applies to all property transactions; exceptions exist for acquisitions below €2,500 and certain transfers between relatives.
Must the estate agent share the commission with me?
If you buy a flat or a single-family house as a consumer, the principle of equal sharing has applied since 23 December 2020 (§ 656b BGB). If buyer and seller engage the same agent, they must commit to the same amount; an agency agreement that deviates from this is invalid (§ 656c BGB). If only the seller engaged the agent, the seller can impose on you as buyer at most as much as the seller has to pay, and your share only becomes due once the seller has provably paid their own share (§ 656d(1) BGB). The agency agreement requires text form (§ 656a BGB). We review your agency agreement.
Which court has jurisdiction in Augsburg?
Augsburg Local Court has jurisdiction for condominium matters regardless of the value in dispute (§ 23 no. 2 letter c GVG). For proceedings that have become pending since 1 January 2026, this also applies to neighbour disputes under §§ 906, 910, 911 and 923 BGB and under Bavarian neighbour law provisions within the meaning of Art. 124 EGBGB, for example on the boundary distance of plants, provided the interference does not come from a commercial business (§ 23 no. 2 letter e GVG, § 44 sentence 2 EGGVG). Otherwise it has jurisdiction for values in dispute up to €10,000 (§ 23 no. 1 GVG). For proceedings that became pending before 1 January 2026, the limit was €5,000 (§ 44 sentence 1 EGGVG). For higher values, for example in disputes over the purchase price or building defects, Augsburg Regional Court decides. The land registry is also located at Augsburg Local Court.

Contact

Get in touch now

Call us, write to us or use the form. We will get back to you within 24 hours.

Phone+49 821 999 75 410Emailkontakt@maxera-anwalt.de
Mon to Fri, 8:00 am to 6:00 pmOutside office hours, reach us by email or chat
Free initial assessment Reply within 24h

Your situation

A free initial assessment by a lawyer. You will hear back within 24 hours. Only then do you decide, at your own pace, whether to instruct us.

Do you have legal expenses insurance? (optional)

We check free of charge whether your insurer will cover the case and handle the request for cover for you.

Confidential and without cost risk. Your data is transmitted encrypted and used solely to process your enquiry.