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.
The municipality has a right of first refusal to purchase land under certain conditions. The right of first refusal may only be exercised by the municipality if this is justified by the public good. It may also do so in favor of third parties.
In the case of purchase agreements, the land registry may only enter the purchaser as the owner in the land register if it has received proof that the right of first refusal has not been exercised or does not exist.
With the negative certificate, the municipality confirms that it has
- does not have a right of first refusal for the land plot or
- does not exercise it.
The application is usually made by the notary's office that notarizes the purchase contract.
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
- In areas in which it considers urban development measures
, to ensure an orderly
- 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.
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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