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Bundestag vote 23 September 2026: what rejecting an Immobilientransparenzregister means for UBO checks, AWV reporting and foreign buyers
The Bundestag rejected Linke motions on 23 September 2026 to create a standalone Immobilientransparenzregister. Existing UBO (Transparenzregister) rules, notarial duties and AWV reporting remain in force; legislative links already in the Geldwäschegesetz and the Sanktionsdurchsetzungsgesetz II mean further transparency measures remain legally possible.
What the Bundestag did on 23 September 2026
On 23 September 2026 the German Bundestag debated and rejected motions from the parliamentary group Die Linke that sought to establish a central "Immobilientransparenzregister". The Bundestag text and accompanying protocol record the rejection of the motions titled (short) "Immobilientransparenzregister einrichten – Geldwäsche bekämpfen, Transparenz über Eigentumsverhältnisse am Wohnungsmarkt herstellen" and a companion motion on limiting speculation. The Bundestag summary notes that CDU/CSU, AfD and SPD voted against the proposals. ([bundestag.de](https://www.bundestag.de/dokumente/textarchiv/2026/kw39-de-immobilientransparenzregister-1211258?utm_source=openai))
Legal background you must know today
A separate Immobilientransparenzregister was a policy proposal. It would have collected property‑level data such as use, owners and (in the drafts) purchase prices. But the practical legal framework for ownership transparency already exists inside the German Anti‑Money‑Laundering Act (Geldwäschegesetz, GwG): sections that make property‑related entries and certain property data in the national Transparenzregister accessible to authorities, obligated parties and notaries are already in force. The GwG also gives the register authority powers to support searches for real‑estate holdings and to receive reports of inconsistencies. Separately, the government implemented provisions in the so‑called Sanktionsdurchsetzungsgesetz II that enable linking land‑registry base data with the Transparenzregister. These instruments remain operative despite the Bundestag vote. ([gesetze-im-internet.juris.de](https://www.gesetze-im-internet.juris.de/gwg_2017/__19a.html?utm_source=openai))
What this means for UBO checks today
Notaries, banks, estate agents and other obliged parties under the GwG must continue to identify economic beneficiaries (UBOs) and to take risk‑based measures. Notaries in particular are entitled to access the Transparenzregister for property‑related entries and since recent GwG changes they must report inconsistencies they find between register data and documents they see. In practice: (1) you should expect the notary to ask for a Transparenzregister excerpt or for documentary evidence of ownership structure; (2) notaries may refuse to proceed or must notify authorities if data do not match; and (3) the absence of a new, separate Immobilientransparenzregister does not remove these duties. ([gesetze-im-internet.de](https://www.gesetze-im-internet.de/gwg_2017/BJNR182210017.html?utm_source=openai))
What this means for AWV / foreign‑investment reporting
Reporting under the Außenwirtschaftsverordnung (AWV) and the Investitionsprüfverfahren under the Außenwirtschaftsgesetz (AWG) remains a separate regime. The AWV/BMWK and the Deutsche Bundesbank administer reporting and (where applicable) screening of foreign acquisitions in sensitive sectors; recent amendments have broadened notification and screening triggers. The Bundestag vote rejecting the Linke motions does not change AWV or Bundesbank reporting obligations for cross‑border payments, nor the possibility of sectoral investment reviews when statutory tests are met. Foreign buyers should therefore assume AWV/Bundesbank reporting and possible ministerial screening remain in place. ([bundeswirtschaftsministerium.de](https://www.bundeswirtschaftsministerium.de/Redaktion/DE/Gesetze/Aussenwirtschaft/AWV.html?utm_source=openai))
Near‑term risk of new ownership‑transparency rules for foreign buyers
The Bundestag's rejection was of opposition motions, not of every possible legislative path. Parliamentary papers and government documents show that (a) ministries have already prepared options to link land‑registry data with the Transparenzregister and (b) the legal tools to publish or make searchable immobilien‑related entries are present in the GwG and companion statutes. That means further legislative initiatives remain feasible — from targeted reporting rules to broader registry changes — and may arrive by government bill or Bundesrat initiative. For foreign buyers the practical takeaway is simple: expect stronger verification and more documentary requests at closing rather than a sudden new registry next week. If you plan a purchase, get a notary and a German AML‑aware lawyer or tax adviser involved early. ([dserver.bundestag.de](https://dserver.bundestag.de/btd/21/054/2105416.pdf?utm_source=openai))
Action checklist for foreign buyers
1) Be ready to provide clear ownership documentation and a Transparenzregister excerpt where applicable. 2) Expect your German notary to verify UBO information and to report inconsistencies. 3) Keep AWV/Bundesbank reporting timing in mind; ask your bank or advisor about notification requirements early. 4) Use German counsel for drafting acquisition structures if anonymity / tax reasons are important — legislative change could close gaps. Do not treat this article as legal advice; consult a lawyer or tax adviser for decisions on structure, reporting and compliance.
Nothing on this page is investment, tax or legal advice. Price bands are indicative asking prices and disagree between sources by design. Verify every figure with a qualified German notary, tax adviser (Steuerberater) or lawyer before committing capital.
