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Leistungen

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Procedure descriptions

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.

Forms/Online Services

Responsible department

the municipal/city administration in whose district the property is located

Details

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.