Basic concepts and legal foundations of the registration system
Das Registration system is a central administrative system that involves the systematic recording and legal collection of data relating to the residence details of natural persons. It constitutes a fundamental element of public administration and public safety. The aim and purpose of the registration system is to record and manage the societal movement of the population, especially with respect to moving in or out and name changes. The statutory provisions and responsibilities are regulated in detail and ensure that the collected data is processed lawfully, for specific purposes, and in compliance with data protection requirements.
Historical development
The origins of the registration system can be traced back to the early modern age. Population surveys were carried out, particularly for tax, police, and military reasons. In the course of industrialization and urbanization, the registration system became an institutionalized administrative task, which is now standardized nationwide.
Statutory regulations and authorities
Registration legislation at the federal level
The legal basis of the registration system in Germany is formed by the Federal Registration Act (BMG) and the accompanying implementation regulations. The BMG has been in effect since November 1, 2015, and largely replaces the previously applicable registration laws of the individual federal states. It uniformly regulates data collection, storage, usage, and data protection in the registration system.§ 1 BMG defines the relevant terms as well as the purpose of the law and sets out the responsibilities of the registration authorities. Ongoing accuracy of the registration data is ensured through registration obligations, registration certificates, and regular data transmissions.
Responsibilities of the registration authorities
Municipal registration authorities are responsible for the implementation of the registration system. These are typically city or municipal administrations, which frequently operate as citizen service offices or residents’ registration offices. The registration authorities are, in accordance with § 2 BMG responsible for the collection and processing of registration data within their respective registration district.
Registration obligations and registration process
Obligation to register
The registration obligation is specified in § 17 BMG . Anyone who takes up residence in a dwelling must register with the competent registration authority within two weeks. Deregistration from a previous residence (if no new residence is established in Germany) and notification of moving out are also subject to the statutory registration obligation.Special provision: The registration of a secondary residence and the associated obligation to disclose other places of residence are also regulated.
Registration process
As part of the registration process, the registration authority collects data such as name, date and place of birth, address, nationality, and, if applicable, religious affiliation. This data is stored in a registration or residents’ register. Data transmission and disclosure are governed by the provisions of the General Data Protection Regulation (GDPR) and supplementary national regulations.
Consequences and sanctions for violation of the registration obligation
Violation of the registration obligation can be prosecuted as a regulatory offense and penalized with a fine under § 54 BMG. The exact determination of the amount of the fine is generally at the discretion of the competent authority.
Data processing and data protection in the registration system
Legal bases of data protection
The collection, storage, transmission, and deletion of registration data are carried out on the basis of the provisions of the BMG, the GDPR, and the Federal Data Protection Act (BDSG). The principle of purpose limitation ensures that registration data is used exclusively for legally permitted administrative tasks.
Data transmission and disclosure
The Federal Registration Act comprehensively regulates the conditions under which registration data may be transmitted to third parties—for both public authorities and private individuals. The various types of requests (basic and extended registration register information) each provide different levels of protection and authority to disclose information. Individuals concerned are also entitled to information about the data stored about them and about disclosures made to third parties.
Deletion and correction of registration data
The BMG legally stipulates storage and deletion periods (see § 13 BMG). Corrections are mandatory as soon as it is known that stored data is inaccurate or incomplete.
Registration system in the context of other areas of law
Significance for registration law and immigration law
The registration register plays a central role in immigration law, as residence permits and other immigration-related measures are based on registration data. In electoral law, the registration register forms the basis for the electoral register.
Relevance for tax law, social law, and administrative law
In tax law, the registration system serves to establish tax liability and to exchange data with other authorities. In social law, registration data is the basis for granting benefits and preventing benefit fraud. Furthermore, the registration system is a legal and factual prerequisite for the execution of numerous administrative procedures, for example regarding school attendance, the issuance of identification documents, or business registration.
Registration system in companies and credit institutions
In a corporate context, the so-called Registration system for example, also includes financial and regulatory reporting duties to authorities, especially banks and credit institutions (e.g., § 24 German Banking Act – KWG).
Conclusion
The registration system is a comprehensively regulated subfield of public administrative law that enables the identification of persons and their locations within Germany. In addition to the obligation for timely and proper registration and deregistration, the registration regulations also govern the handling of personal data and protect the persons concerned, particularly through extensive data protection provisions. The importance of the registration system extends far beyond administrative actions and affects numerous areas of German and European law.
Frequently asked questions
Which statutory basis regulates the registration system in Germany?
The registration system in Germany is primarily governed by the Federal Registration Act (BMG), which has been in effect since November 1, 2015. The BMG standardizes the previously applicable state registration laws and determines, among other things, the obligations to register and deregister residences, the data records of the registration authorities, data transmission, information requirements for tenants and landlords, and the protection rights of residents, for example concerning the registration register and the disclosure of data to third parties, such as authorities or private companies. The BMG also stipulates deadlines and sanctions for violations of registration obligations. In addition to the BMG, there are other specific statutes, such as in the Passport Act, Residence Act, and data protection laws, which additionally influence the registration system.
What deadlines must be observed when registering and deregistering a residence?
According to § 17 BMG, citizens who take up residence must register with the responsible registration authority within two weeks of moving in. The registration obligation applies regardless of whether it is the primary or a secondary residence. Deregistration is only required if no new residence is established in Germany—for example, when moving abroad or relinquishing a secondary residence; in this case, deregistration must be carried out within two weeks of moving out. A breach of these deadlines can be prosecuted as a regulatory offense under § 54 BMG and penalized with a fine.
What cooperation obligations do landlords have in the registration system?
Landlords are required under § 19 BMG to provide their tenants with a so-called confirmation from the landlord, which confirms the date of move-in as well as the address of the apartment. This confirmation is mandatory for registration with the registration authority. In addition, landlords must provide further information about the residential relationship to the authorities upon request—such as when investigating fictitious registrations. Failure to issue or issuing incorrect confirmations from the landlord can lead to fines of up to 1,000 euros (§ 54 (2) BMG).
What data may registration authorities collect and transmit as part of the registration system?
Registration authorities are entitled to collect the personal data listed in the registration register—this includes name, date and place of birth, current and previous addresses, marital status, nationality, legal representatives, and, where applicable, information about moving in or out. The transmission of this data is regulated in detail by law. For example, basic registration information (such as name and address) is accessible to anyone upon request, while more extensive information (e.g., on marital status) may be provided only if there is a legitimate interest or exclusively to authorities and in specific legally regulated cases. Data protection provisions must always be observed; for example, the person concerned can object to the transmission of data in certain cases (blocking notice).
What sanctions are imposed for violations of registration requirements?
Violations of the provisions of the BMG, in particular regarding the obligation to register or deregister and the issuance or use of incorrect confirmations from the landlord, constitute administrative offenses and may be penalized with fines of up to 1,000 euros under § 54 BMG. In serious cases, such as intentional fictitious registration for the commission of further criminal offenses, criminal proceedings may also be initiated. Registration authorities are instructed to carry out appropriate fine proceedings in the event of violations.
To what extent does the registration system protect affected individuals’ personal data?
The registration system is subject to strict data protection provisions. The collection and use of personal data are regulated in the BMG and additionally in the General Data Protection Regulation (GDPR). Citizens have the right to request information about the data stored about them, to object to certain data transmissions (e.g., to political parties, religious communities, or address publishers), or, under certain circumstances, to apply for an information block in the registration register (in cases of risk to life, health, personal freedom, or similar legitimate interests). Every transmission must be limited to what is necessary and must be documented.
What special regulations exist concerning secondary residences in the registration system?
Anyone using an additional residence (secondary residence) along with their primary residence must also register this with the registration authority under § 21 BMG. The determination of the primary residence is based on the center of one’s life (§ 22 BMG), usually where the person resides predominantly. Registering the secondary residence is particularly intended to ensure the legal basis for municipal second home taxes and to claim certain public benefits. Secondary residences are also subject to registration and, where applicable, deregistration obligations; corresponding deadlines and cooperation requirements for landlords apply analogously to those for primary residences.
What must be observed legally and in terms of registration when moving abroad?
When moving permanently out of Germany, there is an obligation under § 17(2) BMG to deregister all German residences with the previously responsible registration authority within two weeks of moving out. The deregistration certificate is often required for future official procedures, such as cancelling insurance or for other foreign authorities. If not properly deregistered, the person remains listed in the registration register under a German address and may receive administrative acts relevant to persons residing there. Deregistration by post is possible, and in some municipalities also online, provided the necessary documentation is submitted. Landlord participation is generally not required when moving abroad.
