Property management
Anyone who has developed or undeveloped land (including forests or agricultural and forest land) is often overwhelmed by the multitude of obligations that accompany with it. Various property managers, who take care of all the tasks, offer you help.
Term declaration
Real estate means "non-movable" things. Colloquially one understands under it usually houses, but strictly speaking it means the land, which can be both developed and undeveloped. Real estate is also home ownership or leasehold.
The so-called "structures" on the property (buildings, houses, storage rooms, sheds, etc.) are firmly connected to the property and therefore cannot be considered individually (§§93, 94 BGB). The colloquial property management can thus refer both to houses ("superstructures") as well as land.
In addition, the legal word "real estate" is used for the land. This means either a property (as a property) or a commercial space. The commercial area (built or undeveloped) is registered by the city administration according to a land use plan or the development plan as such and must be used accordingly.
These commercial areas are offered for sale by the property management of the municipalities and must be used by the buyer for commercial or industrial purposes. Real estate and land are therefore basically the same. However, the legal term is mainly used in the field of public law and therefore also refers to the administration of these properties.
Roughly speaking, one can generalize: what is called real estate management in the private environment is called real estate management in the municipal environment.
Excursus: management of municipal real estate
In the municipal environment, the term real estate management is not used, instead you will always find here the term property or the property management. Here is a short description of what is in the field of property management:
Property management:
The word property used under administrative law is customary in public-law real estate, usually when someone wants to acquire a building plot. The properties belonging to the city or the country are also looked after by them.
Buying and selling of real estate
The land belonging to the municipality can be rented, bought or even exchanged. The communes, which own the properties in question, are responsible for them. Settlement takes place via the department (property management) of the city (in the town hall). Basically, the same conditions are necessary for this as for a private sale. However, due to internal administrative regulations, usually longer processes are necessary for the settlement.
Management of private buildings and land
Back in the private sphere, the essential areas that play a role in real estate management should now be mentioned.
Property management (facility management, property management)
Private or commercial real estate management comes in several variants. Brokers, for example, will own many objects, but they will need to be kept in good condition until they are sold. Someone has to take care of these objects. Commercial management of buildings is often referred to as property management and technical maintenance as facility management.
Rental housing administration, property management
Anyone who leases houses or apartments also has to do with empty and inhabited objects. He has to take care of the interests of the landlords as well as the maintenance or renovation of the empty buildings. Again, the technical assistance of a property manager is often used.
But tenants are mainly familiar with the term "property management". The caretaker is not a janitor, but a qualified specialist who helps the tenants.
Excursus: purchase and sale of real estate
When buying and selling real estate (land), an agreement (release) of both parties before the notary as well as a registration in the land register are required according to §§ 873 and 925 BGB. The notarization is mandatory. This results from the fact that it is a commitment transaction (see § 311b BGB).
Attention: in advance, the financing commitments of the banks are always necessary. A report about the object is helpful because of possible deficiencies (price reduction). Then a notary is to be charged with drafting the contract, which will be signed by both parties at the time of authentication. The land charge order form of the bank should ideally be available before the deadline so that the land charge can be registered immediately after the certification.
Procedure at notary
The notary will then send a copy to the parties. The tax office makes the land transfer tax assessment. If the notary has all the documents, the purchase price can be paid. Irrespective of this, the tax office notifies the notary that the land transfer tax has been received and sends him a clearance certificate. This requires the notary to register the property in the land register. If the purchase price has been paid and the notary has been informed of the receipt of payment, he can cancel the land charge in the land register. Buyer and seller can make a key collection. After the transfer of ownership and indemnity in the land register the sales contract is settled.