Service content
Description of the
The municipality has a right of first refusal when purchasing land under certain conditions. The right of first refusal may only be exercised by the municipality if this is justified in the public interest. It may also do so in favour of third parties.
The land registry may only enter the buyer as the owner in the land register for purchase contracts if it has proof that the pre-emption right has not been exercised or does not exist.
With the negative certificate, the municipality confirms that it
- has no right of first refusal for the property or
- does not exercise this right.
The application is usually submitted by the notary's office that notarises the purchase contract.
Prerequisites
A property is purchased and there is a purchase agreement for a property.
Among other things, the municipality has a right of first refusal when purchasing a property
- within the scope of a development plan, insofar as it concerns areas for which the development plan stipulates use for public purposes or for areas or measures to compensate for interventions within the meaning of the Federal Nature Conservation Act (compensatory measures),
- in a reallocation area,
- in a formally defined redevelopment area and urban development area,
- within the scope of a statute to safeguard the implementation of urban redevelopment measures and a conservation statute,
- within the scope of a land-use plan, insofar as it concerns undeveloped land in the outdoor area for which use as residential land or residential area is shown in the land-use plan,
- in areas that can be developed primarily with residential buildings in accordance with Section 30, 33 or 34 (2) of the German Building Code, provided the plots are undeveloped, and
- in an area that is to be kept free of development for the purpose of preventive flood protection, especially in floodplains,
- In addition, a right of first refusal can be established by the municipality in the following cases:
- Within the area covered by a local development plan, on
undeveloped plots of land, - In areas where it is considering urban
planning measures to ensure orderly
urban development, - establish their right of first refusal by statute for undeveloped or derelict properties within the scope of a development plan or for built-up neighbourhoods (§ 34) if
- these can be developed primarily with residential buildings and
- it is an area with a tight housing market as defined in Section 201a.
- Within the area covered by a local development plan, on
Deadlines
If there is no pre-emptive right or if it is not exercised, the municipality must issue a negative certificate immediately upon request.
If the municipality wishes to exercise its right of first refusal, it must notify the parties involved in writing within three months. The three-month period begins as soon as the municipality has been presented with the complete purchase agreement and has been notified that the purchase agreement is legally valid.
Costs
The amount of the fees for a negative certificate is based on the municipal fee statutes.Legal basis
Legal remedy
Procedure
The seller must inform the municipality of the content of the purchase agreement.
In most cases, the certifying notary's office takes care of this and applies in writing to the municipality in which the property is located for a negative certificate to be issued.
If there is no pre-emptive right or if it is not exercised, the municipality will issue a negative certificate. If the municipality wishes to exercise its pre-emptive right, it will issue a corresponding notice to the seller.