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
- 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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