KFW Definition of "Ownership" / KFW 300

But in my experience, one immediately leads to the other – as soon as the notarized contract is signed, the conveyance is entered in the land register to "protect" the buyer in a way, so that no unpleasant surprises occur until the final transfer of ownership.

However, this legally has nothing to do with "possession" or "ownership." According to the sales contract, unless otherwise agreed, you usually only become the possessor upon payment of the purchase price (handover of keys, assumption of benefits/burdens) and only become the owner when the ownership is registered in the land register. That is how it is legally. What KfW may define as "possession" does not necessarily have to align with the legal regulations. Although, in all publicly accessible documents, only possession/ownership is mentioned and no further definition is given.

as explicitly in other funding programs (KFW458) it is first "ownership" after entry of the priority notice of conveyance

Whereas in the 458 case, it is specifically a concession by KfW that the priority notice (AV) suffices and they do not wait for the transfer of ownership. Both cases are like apples and oranges and not comparable.

I wouldn’t discuss anything with KfW myself anymore, but just have a lawyer talk to them. Then the responses also come faster.

You mean the rejection. Yes, that then comes very quickly.

Thank you very much for your feedback and assessments.

I am currently not planning to involve a lawyer.

Maybe I am naive, but I hope to obtain a favorable decision with calmness and solid arguments.

Even though the lack of response and concrete statement is currently painful, as the better interest rates will surely no longer be valid for us by mid-December.
Our loan request is pending and the financing bank is demanding a clear statement from [KFW].

The long processing times at [KFW] are certainly no reason for the old interest rate.

Best regards
JG

Legally, it is clear that possession with all rights and obligations to a property is only transferred to the buyer upon registration in the land register. In the KfW brief description, the restriction refers to partial or full possession of a residential building. I share the opinion of that the purchase contract for the property should not be an obstacle – I have not read the fine print of the application.

Instead of communicating in writing as has happened or, as also suggested, having a lawyer write, I would follow a simple "hybrid" communication strategy – speak with a responsible person, document the content of the conversation, and provide written feedback in an appropriate form (key statements as quotes and always with a sentence like "If I have misrepresented anything in this summary, please correct me") to record the status of the discussion and, if necessary, take the next step. A lawyer can always be involved later.

I am always amazed at how difficult goal-oriented communication is for some people, and how writing is often preferred over speaking upfront. The biggest fundamental mistake, which seems to be becoming more common, is to view the conversation partner as an opponent from the start. The development of a positive relational level is too often forgotten or underestimated. As soon as a problem moves to the emotional level, achieving a satisfactory solution becomes significantly more difficult. Life is so much easier when you win together with people instead of fighting them or trying to create a loser.

- Is there an update on your case? Did you receive the funding?

Enough has been said on the topic of possession and ownership. I found a good explanation here once again:

What is the transfer of possession?
Unlike the general concept of transfer of possession, which means the actual handover of an item from one person to another, it is somewhat different in the case of real estate purchase. Here, the term transfer of possession refers to the date on which the right of use passes to the buyer.
In contrast to the transfer of ownership of the property, the transfer of possession is not linked to the change in the land register. Therefore, the transfer of possession occurs before the actual acquisition of ownership. For example, the tenant of a house is the (direct) possessor of the house but not the owner.
When does the transfer of ownership take place?
Ownership is the formal legal position that allows a person to dispose of the corresponding object. The actual transfer of ownership of a property does not take place upon signing the purchase contract but only with the entry in the land register. When the purchase contract is signed, the seller and buyer enter into an obligation contract. The buyer is then obliged to pay the purchase price. At the same time, the seller must transfer ownership of the property to the buyer. Once the contract is signed, it is hardly possible to withdraw from it. Nevertheless, after concluding the purchase contract, the buyer is not yet the owner. That only happens when the buyer is registered as owner in the land register. The purchase contract merely obligates the transfer of ownership.

I am in a similar situation, except that my purchase contract is already several months old and I am definitely the owner of an existing property. However – I bought this property with the clear intent to demolish it and then build a new one. Does anyone here have experience whether the KfW 300 funding program is then possible? From what I read, I would have to submit the application between demolition and new construction to be eligible for funding.

Thanks for any input!

As I read it, I would have to submit the application between demolition and new construction, then I am eligible for funding.

That is also my understanding....