Pre-emption right of the municipality; application for a negative certificate

In certain cases, the municipality has a right of first refusal when transferring land. If you want to acquire a plot of land, you need a negative certificate so that the ownership can be rewritten in the land register.



A land purchase is made and a purchase agreement for a plot of land exists.

The municipality has, among other things, a right of first refusal in the event of the purchase of a plot of land

  • in the area of application of a development plan, insofar as it concerns areas for which, according to the development plan, a use for public purposes or for areas or measures for the compensation of interventions within the meaning of the Federal Nature Conservation Act (compensatory measures) are stipulated,
  • in a reallocation area,
  • in a formally defined redevelopment area and urban development area,
  • in the area of application of a statute to secure implementation measures of urban redevelopment and a preservation statute,
  • in the area of application of a land use plan, insofar as it concerns undeveloped areas in the outer area, for which a use as residential building area or residential area is represented according to the land use plan,
  • in areas which, in accordance with Sections 30, 33 or 34(2) of the Building Code, may be developed primarily with residential buildings, provided that the land is undeveloped, and
  • in an area which is to be kept free of development for the purpose of preventive flood protection, in particular in flood plains,
  • In addition, a right of first refusal by the municipality can be established by statute in the following cases:
    • In the area of validity of a development plan at
      undeveloped land,
    • In areas in which it considers urban development measures
      , to ensure an orderly
      urban development,
    • in the area of application of a development plan on derelict land or for built-up districts (§ 34) on undeveloped or derelict land by statute justify its right of first refusal if
      • these can be predominantly developed with residential buildings and
      • it is an area with a tight housing market as defined in Section 201a.


The seller side must inform the municipality about the content of the purchase contract:

  • exact designation of the land plot with parcel, parcel number and street
  • seller and buyer with names and addresses
  • Purchase price

In most cases, this is done by the notary's office and a written request is made to the municipality in which the land is located for the issuance of the negative certificate.

If there is no pre-emptive right or if it is not exercised, the municipality issues a negative certificate. If the municipality wishes to exercise its pre-emptive right, it will issue a corresponding notice to the seller.


If there is no pre-emptive right or if it is not exercised, the municipality must immediately issue a negative certificate upon application.

If the municipality wishes to exercise its pre-emptive right, it must notify the parties involved in writing within three months. The three-month period is set in motion as soon as the municipality has been presented with the complete purchase agreement and has been informed that the purchase agreement is legally effective.


  • The amount of the fees for a negative certificate is determined by the municipal fee statutes.

Legal bases


Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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