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Deregistration from Germany when moving to Mallorca

Responsible for this content: Frank Menze

Anyone emigrating to Mallorca will almost everywhere come across the sentence: "First you have to deregister in Germany." That's only half true. Deregistering from Germany is not, legally speaking, a deregistration of your own person, but the deregistration of a residence – as regulated in the Bundesmeldegesetz (BMG). Whether this obligation even arises depends on whether you give up your German residence or keep it. In this guide you'll learn exactly when the two-week deadline starts running, why main and secondary residence play a special role when moving abroad, and which topics – taxes, health insurance, Kindergeld – are not automatically settled by deregistration.

Deregistering from Germany: rules when moving to Mallorca

Not sure whether and when you need to deregister – and what comes next on Mallorca?

The core point: you deregister a residence, not yourself

The Bundesmeldegesetz does not recognise "deregistration from Germany" as a stand-alone act. It only recognises registrations and deregistrations of residences. The relevant provision is § 17 Abs. 2 BMG: anyone who moves out of a residence and does not move into a new residence within Germany must deregister with the registration authority within two weeks of moving out.

This leads to a point that many emigration guides oversimplify: the deregistration obligation is tied to moving out of a specific residence – not to moving abroad as such. Anyone who keeps their German residence keeps it (for example as a holiday home or for family visits) has not moved out of it. In that case, no deregistration obligation arises for that residence, no matter how long you stay on Mallorca.

Note: The blanket statement "when emigrating you have to fully deregister in Germany" is therefore only correct if there is genuinely no residence left in Germany.

The deadlines at a glance

The BMG sets fixed but different time windows for registration and deregistration. What matters is the difference between the earliest and the latest possible point in time.

Process Deadline Legal basis
Registering a new residence within two weeks of moving in § 17 Abs. 1 BMG
Deregistration when moving out without a new residence in Germany within two weeks of moving out § 17 Abs. 2 BMG
Earliest possible time for deregistration no earlier than one week before moving out § 17 Abs. 2 BMG
Notification of a changed main residence within two weeks § 21 Abs. 4 BMG

You should remember two details from this:

  1. Too early doesn't work. Anyone who goes to the registration office more than a week before the planned move will usually be turned away – by law, deregistration is only possible from one week beforehand.
  2. The register is updated to the moving-out date, not the day you actually went to the office. The moving-out date is therefore the decisive piece of information in your case – make a note of it firmly before you go to the authority.

Keep the flat or give it up? The real fork in the road

Whether a deregistration obligation arises at all depends entirely on this question. The table below sets out the three most common scenarios in practice.

Scenario Consequence under registration law What needs to be done
The only residence in Germany is given up entirely, with no new residence in Germany Obligation to deregister under § 17 Abs. 2 BMG Deregistration with the registration office of the previous residence, within two weeks of moving out
A residence in Germany is retained (the only remaining residence in Germany) No move-out in the sense of registration law, no deregistration obligation for this residence If applicable, notification to the registration office that this is the "sole residence" (§ 21 Abs. 4 BMG)
Several residences exist in Germany, one of which is given up The remaining residence automatically becomes the sole residence in Germany; secondary or main residence status changes Notify the responsible registration office of the change within two weeks

Note:Check this scenario before you go to the authority. Anyone who keeps a flat and still applies for deregistration is describing a situation that doesn't actually exist under § 17 Abs. 2 BMG – moving out of a flat that continues to exist and remains your only residence in Germany does not trigger a deregistration obligation.

Main and secondary residence: why the term shifts when you move abroad

Within Germany, the distinction between main residence and secondary residence is familiar to many from the second-home context. § 21 BMG stipulates: if a resident has several dwellings in Germany, one of them is the main residence – the one predominantly used. Every other dwelling in Germany is a secondary residence.

The decisive part of the sentence is"in Germany". Under registration law, a main and secondary residence only exist between dwellings in Germany. Anyone who moves to Mallorca while keeping a single dwelling in Germany no longer has a "secondary residence" in the sense of registration law – simply because the second, additional dwelling in Germany is missing. In this case, § 21 Abs. 4 BMG explicitly speaks of the"sole dwelling".

Term Meaning under BMG Applies to a dwelling on Mallorca?
Main residence Predominantly used dwelling when there are several dwellings in Germany No – only relevant between dwellings within Germany
Secondary residence Every additional dwelling of the resident within Germany No – a dwelling abroad is not a "secondary residence"
Sole dwelling Only remaining dwelling in Germany after all others have ceased Yes, if you keep a German dwelling and the Mallorca dwelling remains outside registration law

Families: where is the centre of life relationships?

For married couples or persons in a registered civil partnership who do not live permanently apart, § 22 BMG sets out a separate rule: the main residence is the dwelling predominantly used by the family. In the case of minor children, it is the dwelling predominantly used by the parents with custody.

In cases of doubt – for example, if one family member already lives on Mallorca while the rest are still commuting – § 22 Abs. 3 BMG sets a clear standard: the predominantly used dwelling is located wherethe centre of life relationshipsof the resident lies. This wording is deliberately kept open and is assessed on a case-by-case basis by the responsible registration authority.

Procedure: how deregistration works in practice

  1. Set the move-out date.This is the decisive piece of information – the register is updated accordingly, regardless of the appointment date at the authority.
  2. Check whether a dwelling is actually being given up at all.If a dwelling in Germany continues to exist, the deregistration obligation for that dwelling does not apply.
  3. At the earliest one week before moving out report in person at the registration office of your previous address.
  4. No later than two weeks after moving out complete the deregistration if it hasn't already been done.
  5. If you have several residences in Germany: notify the responsible registration office of any changes to your main or secondary residence status within two weeks (§ 21 para. 4 BMG).
  6. Whether electronic deregistration is possible in your municipality is something you'll need to ask the relevant registration office directly – this is regulated differently from one municipality to another.

What deregistration does NOT cover

This is exactly where many guides start guessing, because deregistration under registration law touches on many other legal areas without being identical to them. Keep this distinction firmly in mind:

Topic What deregistration has to do with it Where to sort this out
Tax residency Nothing directly – it's determined by the concept of residence under the Fiscal Code (Abgabenordnung) and habitual abode, independent of the registration register Tax residency Spain, Find a tax advisor
Health insurance Not automatically regulated Health insurance Spain
Child benefit Not automatically regulated Child benefit when emigrating
German bank account Not automatically regulated Keeping a German account
Vehicle in Germany Not automatically regulated Deregistering a car Spain

Note: Whether a deregistration certificate is issued, and what it can be requested for, hasn't been examined here and varies depending on the municipality and intended use. If in doubt, ask your registration office directly.

Broadcasting licence fee (Rundfunkbeitrag), pension insurance, ID card and unemployment benefit also belong on your personal checklist – here too the rule applies: check separately, don't derive it from the deregistration from the residents' register.

The Spanish side: a separate process

Registration in Mallorca is a separate process with its own Spanish rules, deadlines and responsible authorities. The first steps on the ground include in particular:

These three processes have their own deadlines, documents and responsible authorities – you'll find these in the respective linked guides, not in this article.

Most common mistakes

  • Deregistering "just to be safe", even though the German flat is being kept. This doesn't correspond to any case under § 17 Abs. 2 BMG and can later prompt queries from the registration authority.
  • Booking the appointment too early. Anyone who turns up more than a week before the actual move-out date will be turned away – the statutory limit is narrowly defined.
  • Confusing the move-out date with the authority appointment. The register is updated as of the move-out date, so you should be able to document this accordingly.
  • Equating tax matters with deregistration. Deregistering with the residents' registration office does not automatically end unlimited tax liability in Germany – that's a separate matter to be assessed under the concept of residence in the Abgabenordnung (German Fiscal Code).
  • Overlooking family-specific rules. For married couples and children, § 22 BMG considers the focal point of the family's life relationships, not each individual's personal registration address.

Checklist before the move

  • Move-out date from the German flat definitively fixed
  • Clarified whether the German flat is being given up or kept
  • If given up: appointment with the registration authority booked no earlier than one week before moving out
  • If there are multiple residences: change of main/secondary residence reported within two weeks
  • Tax residency checked separately, if necessary with a tax adviser
  • Health insurance, child benefit, bank account, vehicle each clarified individually
  • NIE number and empadronamiento prepared for Mallorca

What comes next?

After deregistration – or after establishing that there is no obligation to deregister – comes the actual move: arrival, finding a place to live, and the Spanish registration steps. A German-speaking tax adviser or a gestoría can help keep the tax side clearly separated right from the start; translations of documents for Spanish authorities can be found in the Branchenverzeichnis Übersetzer & Dolmetscher.

Conclusion

Deregistering from Germany is not a blanket step when emigrating, but an obligation tied to § 17 Abs. 2 BMG that only arises if you actually give up your last residence within Germany. If you keep a German home, it remains registered without secondary-residence status – and, in registration terms, nothing changes for you. In every case, the exact deadline is important: no earlier than one week before, and no later than two weeks after, moving out, with the moving-out date as the decisive point. Everything beyond that – taxes, insurance, child benefit – must be dealt with separately and deliberately.

Official sources

Do I need to deregister in Germany when moving to Mallorca?
Only if you actually give up your home in Germany and don't take up a new home there. If you keep a home in Germany, no deregistration obligation arises for that home under § 17 Abs. 2 BMG.
How long do I have to deregister after moving out?
Two weeks after moving out, as stipulated by § 17 Abs. 2 BMG. The register is updated to the date of moving out, not the date of the appointment with the authorities.
Can I deregister before moving out?
Yes, but at the earliest one week before moving out. An earlier date is generally not accepted by the registration authority.
What happens to my German home if I keep it as a second residence?
Under registration law, a main residence and secondary residence only exist between homes within Germany. A home on Mallorca doesn't count for this purpose – your German home then becomes your "sole residence" under § 21 Abs. 4 BMG.
Does deregistration end my tax liability in Germany?
No, that's a separate question. Tax residency is determined by the concept of residence under the Abgabenordnung (Fiscal Code) and by habitual abode, not by the registration register.
Do I need a German deregistration certificate to register on Mallorca?
This hasn't been examined here and depends on the relevant Spanish authority and the individual case. Registration in Spain is a separate process with its own requirements.
What applies for families with children when moving away?
Under § 22 BMG, for spouses or civil partners who are not permanently separated, the home predominantly used by the family is decisive; for minors, that of the parents with custody. In doubtful cases, the main focus of personal ties counts.
Where do I deregister if I have several homes in Germany?
If you give up one of several homes, you must notify the responsible registration authority of the change to your main or secondary residence within two weeks, as per § 21 Abs. 4 BMG.