Section 31 GBG requires the date of birth in the certification note for natural persons. What a missing entry means for registration and how to clarify the deed before filing.
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If the certification note for a natural person does not contain the date of birth, the private deed does not fully meet the formal requirement for registration under section 31 GBG. A certified signature alone is insufficient for this formal proof.
The content of the certification note is decisive. A date of birth stated only in the purchase contract or in an identity document does not automatically replace the entry required in the note. The point should therefore be clarified before filing the land-register application and before any purchase-price release linked to it.
This article addresses only the date of birth in the certification note under section 31 GBG and the consequences for registration of ownership. General contract review, electronic signatures, the choice between a notarial deed and signature certification and other missing documents are separate review fields.
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Read the certification note itself. A date of birth elsewhere in the contract does not automatically replace the entry in the note.
If the certification note for a natural person does not contain the date of birth, the formal basis for registration is incomplete on that private deed. Before filing the land-register application, clarify whether the note can be supplemented or whether a new certification is required.
Keep the corrected deed and the planned application aligned.
If the private deed contains court or notarial certification of the signatures and the dates of birth in the certification notes, this formal criterion under section 31 GBG is met. Other requirements of the contract and the land-register application remain separate questions.
Review the complete deed together with the application before filing.
Section 31 GBG names public deeds and provides a specific exception for certain private deeds carrying an approving declaration by a competent authority. First establish which statutory deed route supports the application. The point about the date of birth concerns the certification note for a natural person.
Have the specific deed checked against the correct route before applying for registration.
Section 31(1) GBG links registration of ownership to a public deed or to a private deed on which the parties’ signatures are certified by a court or notary. For natural persons, the certification note must also contain the date of birth. Together, these elements form the formal proof for registration of ownership in the land register.
In an ordinary purchase contract drawn up as a private deed, each relevant certification note must therefore be read separately. The review concerns the deed used to register the ownership right. The article on the land-register application after signing addresses the filing step that follows.
Section 31(2) GBG creates a separate exception for a private deed carrying an approving declaration by a competent authority. That exception changes the review route. It does not turn an ordinary private deed into complete formal proof until its conditions have been established.
The date of birth supports the clear identification of the natural person whose signature has been certified. For registration purposes, the mere confirmation of the signature is therefore insufficient for this group of persons. The certification note must contain the additional statutory identification detail.
Read the note as a separate part of the deed. Check that the person, signature and date of birth are clearly assigned to one another. A date elsewhere in the contract may assist the contract documentation, but it does not automatically answer the formal question under section 31 GBG.
The complete document review remains separate. The overview of the land-register document archive explains which supporting documents buyers should examine before filing.
If the date of birth is missing from the certification note, the formal proof required by section 31(1) GBG is incomplete on that private deed. Registration of ownership cannot safely be approved on that basis until the defect has been properly clarified and remedied.
The consequence concerns the registration level. It does not by itself decide whether the parties have concluded a valid purchase contract. For the buyer, the practical point is that registration of ownership and any purchase-price release tied to it should proceed only once the deed position is coherent.
A request to remedy a defect or a refusal may depend on the complete deed and application in the individual proceeding. The missing date therefore creates an immediate need for clarification. Wait with filing until the correct correction route is established.
Obtain the complete purchase contract with all certification notes. Identify the natural person concerned and record whether the date is missing, illegible or not clearly assigned. This gives the certifying body a precise question to answer.
Whether an existing note may be supplemented or a new certification is required depends on the deed and the competent certifying body. Ask the notary or court to determine the proper method. A private addition by a contracting party does not replace the certification note.
After clarification, the corrected deed, the land-register application and the contract data must match. Keep the previous version for the internal file and file only the approved version. The article on the land-register application and registration covers a separate formal element of the ownership transfer.
For this formal point, you need the purchase contract, all certification notes and the planned land-register application. Compare names, party status and dates of birth directly in the notes. Supporting identity documents may assist the review, but they do not replace the relevant deed wording.
Also record whether the application relies on a public deed, an ordinary private deed or a possible authority-approved route. This classification determines which formal proof under section 31 GBG applies to the specific registration.
The guide to reading a land-register extract helps with the existing registered position. For coordinating the deed and the application before commitment, see the purchase contract review article.
The overview separates deed type, certification and date of birth.
| Checkpoint | What should be present | Risk if missing |
|---|---|---|
| Type of deed Public deed or suitable private deed | Record the legal basis of the application | The chosen formal route is unclear |
| Certification Court or notarial certification of relevant signatures | Include all certification notes | The private deed lacks formal proof |
| Date of birth Included in the note for each natural person | Assign the date clearly to the person | Registration cannot safely be approved on that deed |
| Correction Correction route clarified by the certifying body | Use the supplemented or newly certified version | A private addition does not create secure formal proof |
| Application Deed and land-register application agree | Compare party and contract data again | Filing and purchase-price release are delayed |
The table addresses only the formal point of the certification note. Other requirements for registration must be reviewed separately.
Before filing: Check every certification note for a natural person for the date of birth. Ask the certifying body to clarify a missing or unclear entry before the land-register application and any linked purchase-price release proceed.
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For a natural person, section 31(1) GBG requires the certification note to contain the date of birth in addition to the certification. A date elsewhere in the purchase contract does not automatically answer this formal question.
For the formal proof of a private deed used for registration, it is incomplete for a natural person. The note must be supplemented or recreated through the proper route.
Present the complete deed to the notary or court that created the note and clarify the proper correction route. File the land-register application only with a coherent deed version.
The missing entry first concerns the formal proof for registration under section 31 GBG. Whether the contract is valid between the parties is a separate legal question and cannot be answered generally from this single defect.
Section 31(1) GBG names public deeds as a separate basis. The specific statement about the date of birth concerns the certification note for a natural person. The type of deed should therefore be classified first.
Which supporting documents buyers should examine before filing the purchase contract.
How the deed is brought together with the application for registration.
Which declaration enables the ownership transfer in the land register.
Review the property purchase contract and filing documents before commitment.
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
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