Submission of Purchase Agreements and Other Title Documents

In an apartment transaction, the buyer must take into account the actual moment when the right of ownership transfers from the seller to the buyer. Only after the transfer of ownership and the expiry of any redemption period is the buyer able to apply for entry in the shareholder register. The seller’s possible marriage must also be clarified to ensure the spouse’s consent. In addition, the transfer tax must have been paid.

When applying for entry in the shareholder register, the buyer must submit the following documents to the property manager:

• Any deed of partition with documentation of its legal validity
• The share certificate or a copy of the share certificate with transfer endorsements
• The apartment purchase agreement
• A statement stamped by the tax office confirming payment of transfer tax, or a copy of the transfer tax calculation signed by the real estate agent
• An official certificate (showing whether the seller is married or single) or the spouse’s consent to the sale of the apartment used as a shared home

Unlike transfer tax, no documentation of gift tax payment needs to be provided to the housing company. The gift recipient does not need to pay transfer tax on a gift. However, when applying for entry in the shareholder register from the property manager, the gift recipient must submit the following documents to the property manager of the housing company:

• The share certificate or a copy of the share certificate with transfer endorsements
• The deed of gift
• An official certificate (showing whether the donor is married or single) or the spouse’s consent to the gifting of the apartment used as a shared home

The undivided estate and the names of each estate shareholder are recorded separately in the shareholder register. The shareholders of an undivided estate must submit a genealogical certificate of the deceased shareholder to the housing company, if the estate inventory has not been verified at the register office, in order to confirm that the shareholders of the undivided estate are the sole heirs. The shareholders of the estate must therefore remember to submit the following documentation to the property manager:

• The share certificate (the share certificate confirms that it is in the possession of the estate)
• The estate inventory
• In addition, a genealogical certificate if the estate inventory has not been verified at the register office

A person receiving apartment shares through inheritance must submit the following documents for the registration of the shares:

• The estate inventory
• In addition, a genealogical certificate if the estate inventory has not been verified at the register office
• The deed of estate distribution
• The share certificate or a copy of the share certificate with transfer endorsements
• For any share redeemed with assets outside the estate, documentation of transfer tax payment, i.e. a statement stamped by the tax office confirming payment of transfer tax, or a copy of the transfer tax calculation signed by the real estate agent

A person acquiring apartment shares through a will must submit the following documents to the property manager for the registration of the shares:

• The estate inventory
• In addition, a genealogical certificate if the estate inventory has not been verified at the register office
• The will in its entirety, i.e. including information on its legal validity as well as the will’s notification certificates and certificates of non-contestation
• The share certificate or a copy of the share certificate with transfer endorsements
• For any share redeemed with assets outside the estate, documentation of transfer tax payment, i.e. a statement stamped by the tax office confirming payment of transfer tax, or a copy of the transfer tax calculation signed by the real estate agent

• The share certificate or a copy of the share certificate with transfer endorsements
• The deed of partition with documentation of its legal validity
• A transfer tax calculation, if assets outside the estate have been used in the partition