Pre-emptive right of the municipality - apply for a negative certificate
In certain cases, the municipality has a right of first refusal for property transfers. This applies, for example, to
- Land for which the development plan specifies use for public purposes and
- Plots of land that are located in a formally defined saniearea.
If you want to purchase a plot of land, you need a negative certificate so that the ownership can be transferred in the land register. With the negative certificate, the municipality confirms that it has
- has no right of first refusal for the property or
- does not exercise this right.
Responsible department
the municipal/city administration in whose district the property is located
Procedure
The seller or buyer must inform the municipality of the content of the purchase agreement. In most cases, this is done by the certifying notary.
He or she applies in writing for a negative certificate to be issued by the municipality in which the property is located.
Deadlines
The municipality must be informed immediately of the content of the purchase agreement.
If the municipality wishes to exercise its pre-emptive right in accordance with the German Building Code (BauGB), it must notify the parties involved in writing within three months.
If a pre-emptive right does not exist or is not exercised, the municipality must issue a certificate to this effect immediately at the request of an interested party. The certificate is deemed to be a waiver of the exercise of the pre-emptive right.
Costs
The amount of the fees for a negative certificate depends on the municipal fee statutes. Please enquire at the responsible office.
Processing time
see deadlines
Miscellaneous
none
Appeal
Lawsuit
Legal basis
Baugesetzbuch (BauGB):
- §§ 24-28 Gesetzliche Vorkaufsrechte der Gemeinde
Release note
machine generated, based on the German release by: Ministerium für Landesentwicklung und Wohnen Baden-Württemberg, 20.11.2024