{"id":100284,"date":"2026-07-21T08:00:00","date_gmt":"2026-07-21T06:00:00","guid":{"rendered":"https:\/\/ru.law\/?p=100284"},"modified":"2026-07-16T16:16:21","modified_gmt":"2026-07-16T14:16:21","slug":"estellerprinzip-einfamilienhaus-gewerbe","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/estellerprinzip-einfamilienhaus-gewerbe\/","title":{"rendered":"Single-family home or commercial property? When does the "buyer pays" principle apply?"},"content":{"rendered":"

The scope of application of Sections 656a et seq. of the German Civil Code (BGB) and what the Federal Court of Justice (BGH) has decided regarding granny flats and office extensions.<\/strong><\/h2>\n\n\n\n

The protective rules regarding the distribution of real estate agent fees do not apply to every property. The decisive factor is whether a consumer is purchasing an apartment or a single-family home. The Federal Court of Justice clarified on March 6, 2025, that a granny flat or a small office extension does not change this. Rogert & Ulbrich will check whether your purchase falls within the scope of these rules.<\/p>\n\n\n\n

When the buyer-pays principle applies: an overview of the scope of application<\/strong><\/h2>\n\n\n\n

First, a clarification of the term: The term "Bestellerprinzip" (buyer-pays principle) is also colloquially used to refer to the regulation in real estate purchases. Legally, it refers to the principle of equal division according to Sections 656c and 656d of the German Civil Code (BGB), according to which the buyer and seller bear equal shares of the real estate agent's commission. The actual "Bestellerprinzip" originates from tenancy law and states that whoever orders the service pays.<\/p>\n\n\n\n

Whether these protective regulations apply depends on two conditions. Firstly, the transaction must involve the purchase of an apartment or a single-family home. Secondly, the buyer must be acting as a consumer according to \u00a7 656b of the German Civil Code (BGB), meaning they are not purchasing for commercial or self-employed purposes. If either of these conditions is not met, the commission remains freely negotiable.<\/p>\n\n\n\n

Are you unsure whether your property purchase falls under the protection rules? Have the scope of application reviewed for your specific case.<\/p>\n\n\n\n

Single-family house: the discernible commercial purpose is decisive.<\/strong><\/h2>\n\n\n\n

The law does not define what constitutes a single-family home. The Federal Court of Justice closed this gap with its ruling of March 6, 2025. According to this ruling, a property qualifies as a single-family home within the meaning of Sections 656a et seq. of the German Civil Code (BGB) if, at the time of concluding the brokerage agreement, it is clear to the real estate agent that the property will be used for the residential purposes of the members of a single household.<\/p>\n\n\n\n

Two points are noteworthy here. First, the buyer's intended use is what matters, not how the seller has previously used the property. Second, this residential purpose must be apparent to the real estate agent at the time the contract is concluded. This is usually evident from objective circumstances, such as the condition of the property and its description in the listing. If this is not the case, the buyer must clearly communicate the residential purpose to the real estate agent and, if necessary, demonstrate and prove it.<\/p>\n\n\n\n

Are you unsure whether your property qualifies as a single-family home under the law? We will assess your case based on the documents provided.<\/p>\n\n\n\n

Apartment and office extension: subordinate use is harmless<\/strong><\/h2>\n\n\n\n

Often, a house is not exclusively used for living space. A separate apartment for parents, a small office, or a medical practice are common. The question then arises whether the protective regulations no longer apply. The Federal Court of Justice has ruled that they do not.<\/p>\n\n\n\n

The court ruled that the assumption that a single-family home serves residential purposes is not contradicted by the fact that it contains a granny flat or other commercial use, each of which is only of minor importance. The case in question involved a single-family home with an extension comprising an office and garage, which comprised one-fifth of the total area and had its own entrance and house number. The court deemed the use to be subordinate, thus applying the protective regulations.<\/p>\n\n\n\n

The Federal Court of Justice has explicitly not set a fixed percentage limit. Whether a use is subordinate depends on the circumstances of the individual case. The decisive factor remains that the residential purpose is paramount.<\/p>\n\n\n\n

Does your house have a granny flat or a small commercial section? That doesn't preclude your claims; we'll check the classification.<\/p>\n\n\n\n

Where the boundary lies: commercial property, apartment building, commercial buyer<\/strong><\/h2>\n\n\n\n

However, there are clear limits. If a purchase does not fall within the scope of application, the commission remains freely negotiable and a claim for reimbursement based on the principle of equal division is excluded. For acquisitions in a commercial context, our Real estate law for companies<\/a> the correct starting point. Typical locations outside the protected area are:<\/p>\n\n\n\n