Notice for own use after a purchase: when may the new owner give notice?

What own use requires, for whom it can be claimed and how long the notice periods are is explained in the main guide on the notice for own use. This page is about the special features after a change of owner.

Does the blocking period apply? The decision tree

1. Was the flat made into a freehold flat (Wohnungseigentum) after the tenant moved in, and was it then sold?
   • Yes: blocking period under Sec. 577a (1) BGB, continue with question 3.
   • No: continue with question 2.
2. After the tenant moved in, did the residential space go to a partnership (such as a GbR) or to several buyers?
   • No: no blocking period. Only the normal notice period applies.
   • Yes, but the partners or buyers belong to the same family or the same household, or the freehold flat already existed before the tenant moved in: no blocking period under (1a) (Sec. 577a (1a) sentence 2 BGB).
   • Yes, otherwise: blocking period under Sec. 577a (1a) BGB, continue with question 3.
3. Is the flat in a municipality covered by a state ordinance under Sec. 577a (2) BGB?
   • No: blocking period of 3 years.
   • Yes: blocking period as long as set in the ordinance, no more than 10 years.

Sale does not break a lease: what applies on a change of owner

If rented residential space is sold after it has been handed over to the tenant, the buyer takes the place of the previous landlord in the rights and obligations under the tenancy for as long as they own it (Sec. 566 (1) BGB). Nothing in the contract changes for the tenant: the amount of rent, the term, agreements on cosmetic repairs and any exclusion of notice for own use continue to apply. The buyer also takes over the rights and obligations relating to the deposit (Sec. 566a BGB).

From when may the buyer give notice?

You only become the owner of a plot of land or a freehold flat when you are entered in the land register (Sec. 873 (1) BGB). Only from this point is the buyer the landlord and able to give notice. The notarised purchase agreement and a priority notice of conveyance (Auflassungsvormerkung) are not enough for this. Several weeks to months often pass between the notary appointment and the entry. Factor this time into your moving-in plan.

What the seller cannot do

The seller cannot give notice because of the buyer's own use, because own use requires that the landlord needs the flat for themselves, their family members or members of their household (Sec. 573 (2) no. 2 BGB). If the seller promises vacant possession in the purchase agreement even though a tenant lives in the flat, they take on a considerable risk. Have such clauses checked before the notary appointment.

When does the blocking period apply and when not?

The blocking period of Sec. 577a BGB protects tenants against a particular pattern: a block of rented flats is divided up, the flats are sold individually, and each buyer gives notice for own use. That is why the law links the period to the conversion and to certain buyer constellations, not to every purchase.

Conversion after the tenant moved in (para. 1)

If the rented flat was made into a freehold flat after it was handed over to the tenant and the freehold flat was then sold, the buyer can only rely on own use or on being prevented from making appropriate economic use of the property once 3 years have passed since the sale (Sec. 577a (1) BGB). So only those who already lived in the flat before it was divided up are protected. Anyone who moves into an existing freehold flat does not have this protection.

Partnership or several buyers (para. 1a)

The blocking period applies accordingly if rented residential space is sold to a partnership or to several buyers after it has been handed over to the tenant, even without a conversion (Sec. 577a (1a) sentence 1 no. 1 BGB). The same applies if the residential space is encumbered in favour of a partnership or several buyers with a right whose exercise deprives the tenant of use in accordance with the contract, such as a usufruct (Nießbrauch) (Sec. 577a (1a) sentence 1 no. 2 BGB). Exceptions: the partners or buyers belong to the same family or the same household, or the freehold flat was already created before the handover to the tenant (Sec. 577a (1a) sentence 2 BGB).

If freehold flats are created later after such an acquisition, the blocking period already begins with the first acquisition by the partnership or the several buyers (Sec. 577a (2a) BGB).

Buying a building without conversion

If a single person or a married couple buys an entire block of rented flats that has not been divided into freehold flats, neither para. 1 nor para. 1a applies. There is then no blocking period. After being entered in the land register, the new owner can give notice for own use with the normal notice period, provided the other requirements are met. Some accounts give the impression that a 3-year waiting period applies after every purchase. The wording of Sec. 577a BGB does not support this.

Special cases

• Inheritance: Anyone who inherits a flat does not acquire it by way of sale. The blocking period should therefore not start to run again.
• Gift: Whether a gift counts as a sale must be checked in the individual case.
• Resale during the blocking period: If the first buyer sells on, the second buyer is likely to have to wait only for the rest of the period that began with the first sale.
• Forced auction: Special rules apply to the successful bidder.
• Other grounds for notice: The blocking period only blocks own use and economic use (Sec. 573 (2) no. 2 and 3 BGB). Notice for breaches of duty by the tenant, for example because of rent arrears, remains possible.

How long is the blocking period? Table by federal state

In principle, 3 years. The state governments can designate municipalities or parts of municipalities in which the supply of rented flats on reasonable terms is particularly at risk, and extend the period there to up to 10 years. Each ordinance applies for no more than 10 years (Sec. 577a (2) BGB).

State	Blocking period	Area	Ordinance	Valid until	Source
Bavaria	10 years (paras. 1 and 1a)	284 municipalities listed in the annex, including Munich, Nuremberg, Augsburg, Regensburg, Würzburg, Ingolstadt, Erlangen, Fürth	Tenant Protection Ordinance (Mieterschutzverordnung, MiSchuV) of 16 December 2025, GVBl. p. 718, amended by ordinance of 16 June 2026, GVBl. p. 334	31 December 2029	gesetze-bayern.de, read 10 November 2026
North Rhine-Westphalia	8 years (paras. 1 and 1a)	municipalities listed in the annex to the ordinance	Tenant Protection Ordinance NRW (MietSchVO NRW) of 28 January 2025, in force since 1 March 2025, amended by ordinance of 28 October 2025	28 February 2030	recht.nrw.de, read 10 November 2026
Baden-Württemberg	5 years for conversion into freehold flats (Sec. 2 KSpVO BW)	130 towns and municipalities under Sec. 1, including Stuttgart, Karlsruhe, Freiburg i. Br., Heidelberg, Tübingen, Ulm	Blocking Period Ordinance Baden-Württemberg (Kündigungssperrfristverordnung, KSpVO BW) of 16 December 2025, GBl. 2025 no. 146	31 December 2026	landesrecht-bw.de, read 10 November 2026
Berlin

For the other states, it has not been checked whether an ordinance exists. Ordinances expire and are reissued. So always check the version and the list of municipalities that applied on the day of the acquisition. North Rhine-Westphalia regulates this expressly: if a flat was converted and sold before 1 March 2025, the old Tenant Protection Ordinance of 9 June 2020 continues to apply (Sec. 2 MietSchVO NRW). What applies if an ordinance expires during a running 10-year period must be checked separately.

When does the period start? A worked example

The blocking period runs "since the sale" (Sec. 577a (1) BGB). This means the transfer of ownership, i.e. the entry of the buyer in the land register, not the date of the notarial contract. The notice may only be received after the blocking period has expired; after that, the normal notice period runs (Sec. 573c (1) BGB).

Example without a state ordinance: The tenant has lived in a block of rented flats since 1 April 2015. In 2024, the building is divided into freehold flats. A buyer acquires her flat and is entered in the land register on Monday, 15 June 2026.

Step	Date	Basis
Entry of the buyer in the land register	Mon 15 June 2026	Sec. 873 BGB, Sec. 577a (1) BGB
End of the 3-year blocking period	Fri 15 June 2029	Sec. 187 (1), 188 (2) BGB
Notice may be received at the earliest	from Sat 16 June 2029	Sec. 577a (1) BGB
Last day of receipt for July to count (3rd working day)	Wed 4 July 2029	Sec. 573c (1) BGB
Notice period for a tenancy of more than 8 years	9 months	Sec. 573c (1) sentence 2 BGB
End of the tenancy	Sun 31 March 2030	Sec. 573c (1) BGB
Tenant's hardship objection no later than	Thu 31 January 2030	Sec. 574b (2) BGB

In this example, almost 4 years pass from the entry in the land register to the earliest end of the tenancy. If the flat is in a municipality with an 8 or 10-year blocking period, the waiting time is extended accordingly. If the tenant objects on grounds of hardship and there is no alternative housing, it can take even longer.

After that: notice period and objection

Once the blocking period has expired, or if none applies, the buyer's notice does not differ from any other notice for own use. The period depends on the length of the tenancy since the handover, not on the date of purchase. The change of owner does not reset the length of the tenancy. Form, reasons, notice periods and the hardship objection are explained in detail in the main guide under periods.

Important for buyers: the fact that you knowingly bought a rented flat does not automatically reduce the weight of your interest in using it yourself when hardship is weighed. The Federal Court of Justice (Bundesgerichtshof, BGH, Germany's highest civil court) overturned an appeal judgment that had given the buyer less weight for precisely this reason (Federal Court of Justice, judgment of 22 May 2019, VIII ZR 180/18). The court will nevertheless examine the tenant's grounds of hardship carefully.

For buyers: buying a rented flat and moving in yourself

Check before the notary appointment

1. Tenancy agreement: Since when has the tenant lived there? Is notice for own use excluded by contract or restricted for a number of years? Is there a fixed term or a waiver of notice?
2. Land register and declaration of division: When was the freehold flat created, before or after the tenant moved in?
3. Buyer constellation: Are you buying alone, with your spouse or with third parties, for example as a GbR? With several buyers outside family and household, para. 1a applies.
4. Municipality: Does a state ordinance with a longer blocking period apply to the location?
5. Person who needs the flat: Does the person who is to move in belong to the permitted circle, and is the need already specific?
6. Tenant's side: Are there recognisable grounds of hardship, such as old age, illness, children at school?
7. Timetable and financing: Can you bear the time until the earliest end of the tenancy, i.e. the blocking period, the notice period and possible court proceedings? Until then, you receive the rent, but you bear the financing and, where applicable, your current home.

Having the purchase agreement checked

Clauses on handover, tenancies and the deposit decide who bears which risk. At Recht 24/7, a lawyer reviews your property purchase agreement from the buyer's perspective before the notary appointment, with a review report within 24 hours, at a fixed price: Have a property purchase agreement checked.

For tenants: the new owner gives notice for own use

Checking whether the blocking period applies

1. Is the person giving notice already entered in the land register as owner? Otherwise, they are not yet your landlord.
2. When did you move in, and when was the freehold flat created? The date of the division is in the land register; your landlord or the property management can provide information.
3. Who bought: a single person, several persons, a GbR?
4. Is your flat in a municipality with an extended blocking period?
5. Had the blocking period already expired when the notice was received? A notice during the blocking period is invalid (Sec. 577a (1), Sec. 573 (1) BGB).
6. Are the form, reasons and notice period correct?
7. Are there grounds of hardship for an objection, and is the deadline for objecting already running?

On the grounds of hardship and the objection, see the section for tenants in the main guide under your rights. For other questions after the change of owner, for example about the deposit or the service charge statement, there is written advice from our tenancy lawyer, at a fixed price.

Right of first refusal on conversion

If your flat is converted into a freehold flat after you moved in (or is to be converted) and sold to a third party, you have a right of first refusal (Vorkaufsrecht) (Sec. 577 (1) sentence 1 BGB). This does not apply if the landlord sells to a family member or a member of their household (Sec. 577 (1) sentence 2 BGB). The seller must inform you of the content of the purchase agreement, a notification by the buyer replaces theirs, and the notification must inform you of your right of first refusal (Sec. 469 (1), Sec. 577 (2) BGB). You can exercise it by written declaration to the seller (Sec. 577 (3) BGB), within 2 months of receiving the notification (Sec. 469 (2) BGB in conjunction with Sec. 577 (1) sentence 3 BGB). You then buy on the terms the third party agreed (Sec. 464 (2) BGB).

Cases from practice

Case 1: a married couple buys a block of flats. The building has not been divided. The couple is entered in the land register and wants to use the ground-floor flat for their daughter. Para. 1 does not apply because there are no freehold flats. Para. 1a does not apply because both buyers belong to the same family. Result: no blocking period; the normal notice period applies.

Case 2: conversion after moving in, flat in Munich. The tenant has lived in the building since 2012, it is divided in 2025, and in autumn 2026 a single person buys his flat. Munich is listed in the annex to the Bavarian Tenant Protection Ordinance. Result: blocking period of 10 years from the entry.

Case 3: two friends buy as a GbR. In 2026, the GbR acquires a rented building in a municipality without a state ordinance. Result: blocking period of 3 years under para. 1a. If the two later divide the building into freehold flats, the period has already been running since the acquisition by the GbR (Sec. 577a (2a) BGB). Whether and for whom the GbR can then claim own use must be checked separately.

Case 4: parents buy a freehold flat for their son. The residential complex has been divided since 1995, and the tenant moved in in 2010. Result: no blocking period, because the freehold flat already existed before she moved in. However, the own use for the son must be specific and comprehensible.