Germany’s proposed real-estate transparency register in the Bundestag (September 2026): likely beneficial‑owner and financing disclosures, and the timeline

What is on the Bundestag’s agenda in September 2026

On 23 September 2026 the Bundestag is scheduled to debate a motion by the parliamentary group Die Linke to set up a central real‑estate transparency register (“Immobilientransparenzregister”). The Finance Committee has recommended rejecting the motion (Drucksache 21/7039 of 9 July 2026), but the plenary debate and vote were placed on the agenda for that date. The motion itself is Drucksache 21/6566 dated 18 June 2026. It asks the federal government to table a bill and to have the register operating as the EU‑mandated single access point by 10 July 2029. ([bundestag.de](https://www.bundestag.de/dokumente/textarchiv/2026/kw39-de-immobilientransparenzregister-1211258))

Die Linke’s motion spells out which data should be captured: property identification (cadastral parcel, address, type and use, area), current owners and any person acting for them, purchase price for the current acquisition and all previous transaction prices since 8 July 2019, existing encumbrances (mortgages, land charges, judicial restrictions, third‑party rights, other guarantees), the full ownership history since 8 July 2019, and the beneficial owners behind legal persons and arrangements either directly in the new register or by linking to the existing Transparency Register. ([dserver.bundestag.de](https://dserver.bundestag.de/btd/21/065/2106566.pdf))

The Finance Committee’s report summarises the political positions: the CDU/CSU, SPD and AfD favour implementing the EU minimum without “gold‑plating,” noting that the directive already lists the required items (property, owner, price, encumbrances, history and relevant documents). The Greens support a strong register but raised concerns over overly broad additional data such as rents attached to the Linke proposal. ([dserver.bundestag.de](https://dserver.bundestag.de/btd/21/070/2107039.pdf))

What EU law already requires (minimum dataset and deadline)

Directive (EU) 2024/1640 (“AMLD6”) obliges every Member State to create a single access point to real‑estate information for competent authorities and AMLA. Article 18 sets a minimum dataset that must be accessible: owner identity (natural persons, legal entities or legal arrangements), the price at which the property was acquired, encumbrances (mortgages, judicial restrictions, property rights and other guarantees), the history of ownership, price and encumbrances, and relevant documents. The historical coverage must reach back at least to 8 July 2019. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ%3AL_202401640))

The directive fixes staggered transposition dates. Member States must generally transpose AMLD6 by 10 July 2027, but the real‑estate single access point (Article 18) has a later deadline: 10 July 2029. The recitals reiterate that the single access point should provide the listed information free of charge, digitally and, where possible, in machine‑readable format. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ%3AL_202401640))

Germany’s current position: what is already in the Transparency Register, and who can see it

Germany already links basic land‑register data to the federal Transparency Register under Sections 19a and 19b of the Anti‑Money‑Laundering Act (Geldwäschegesetz, GwG), enacted via the 2022 Sanctions Enforcement Act II. The Transparency Register now stores, for properties held by legal persons and registered partnerships, the competent local court, land‑register district, folio number, listed parcels (cadastral details), and the nature, start and end of rights. Changes are transmitted automatically by the land registries. ([gesetze-im-internet.de](https://www.gesetze-im-internet.de/gwg_2017/GwG.pdf))

Access to property information in the Transparency Register is limited: authorities, courts, certain “obliged entities” and notaries can access the property fields; the general public cannot. Beneficial‑owner entries follow the GwG’s access rules (authorities, obliged entities, and persons demonstrating a legitimate interest). ([gesetze-im-internet.de](https://www.gesetze-im-internet.de/gwg_2017/GwG.pdf))

Compared to AMLD6, Germany will still need to add items such as purchase prices, encumbrances (including mortgages and judicial restrictions), and ownership‑price‑encumbrance history to meet the EU minimum for the single access point. Today’s Section 19a GwG does not yet include those fields. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ%3AL_202401640))

Beneficial‑owner disclosures for SPVs and funds: what would be visible

Under current German law, beneficial owners of legal entities and certain legal arrangements must be reported to the Transparency Register. For real‑estate acquisitions by foreign SPVs, notaries face a notarisation ban if a required Transparency Register entry is missing. AMLD6 keeps beneficial‑owner data in the separate central registers, while the real‑estate single access point must let authorities see owner identity and, via linkage, what they need for AML/CTF analysis. Public access remains restricted to persons with a legitimate interest. Seek confirmation from your notary or counsel for your structure. ([bnotk.de](https://www.bnotk.de/aufgaben-und-taetigkeiten/geldwaeschebekaempfung?utm_source=openai))

If the Linke motion were adopted as drafted, the real‑estate register would either carry beneficial‑owner details itself or link to the Transparency Register, and it would introduce phased owner reporting of further housing‑policy data by 2031, including a four‑week deadline to notify changes. The committee proposes rejecting these additional obligations; the coalition signals it will implement the EU minimum. ([dserver.bundestag.de](https://dserver.bundestag.de/btd/21/065/2106566.pdf))

Financing and payment information: what could be captured

AMLD6’s minimum dataset explicitly includes encumbrances such as mortgages and judicial restrictions, alongside purchase price and relevant documents. In practice, that means Germany’s single access point will need to surface information that today sits in land‑register Section III (e.g. land charges/mortgages) and in transaction files. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ%3AL_202401640))

Separately from the register, Germany already bans cash purchases of real estate. Since 1 April 2023, Section 16a GwG requires that consideration be paid by non‑cash means and that parties furnish the notary with proof (typically bank confirmations or account statements). This proof is checked before the notary files the title application; it is not a public register entry. Expect these payment‑flow checks to continue alongside any new register. ([berlin.de](https://www.berlin.de/gerichte/landgericht-zivil/das-gericht/notariatsangelegenheiten-und-geldwaescheaufsicht/202603_leitfaden-not-pflichten-gwg-112020_stand_maerz_2026.pdf?ts=1774979657&utm_source=openai))

Timeline and what foreign buyers and SPVs should do now

Key dates: committee recommendation dated 9 July 2026; plenary debate scheduled for 23 September 2026; EU transposition of AMLD6 generally due by 10 July 2027; real‑estate single access point due by 10 July 2029. The governing parties indicate they will implement the EU minimum; broader owner reporting proposed by Die Linke is unlikely to pass in its current form. ([dserver.bundestag.de](https://dserver.bundestag.de/btd/21/070/2107039.pdf))

Practical steps for non‑resident investors and SPVs: - Before signing: confirm your beneficial‑owner entry in the Transparency Register, especially for foreign entities. Notaries cannot proceed where a required entry is missing. ([bnotk.de](https://www.bnotk.de/aufgaben-und-taetigkeiten/geldwaeschebekaempfung?utm_source=openai)) - Prepare payment‑flow evidence for §16a GwG (bank confirmations, account statements) to avoid delays in filing for registration. ([gesetze-im-internet.juris.de](https://www.gesetze-im-internet.juris.de/gwg_2017/__16a.html?utm_source=openai)) - Expect that authorities will, by 2029, be able to see property ownership, price history and encumbrances through a single access point. Plan for greater documentation of source of funds and financing. For structure‑specific questions, instruct a German notary and, where needed, real‑estate counsel. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ%3AL_202401640))