Pre-emptive right of the municipality
About the right of first refusal
Have you bought a plot of land, a heritable building right or a flat? Or are you planning to do so? You will need a negative certificate for the transfer of ownership at the land registry, as the municipality has a right of first refusal under certain conditions.
The negative certificate for the right of first refusal is automatically requested from the relevant municipality by the notary with whom you concluded the purchase contract. A distinction is made between the municipal right of first refusal and the right of first refusal under monument protection law.
The municipal right of first refusal relates to the sale of undeveloped and developed properties to a third party. The purchase of rights under the German Condominium Act and heritable building rights is excluded. It serves the municipality to secure municipal urban land-use planning.
The right of first refusal under monument protection law relates to the sale of undeveloped and developed properties, as well as the sale of residential property and heritable building rights to a third party. It serves to enable the permanent preservation of a monument.
If there is no municipal right of first refusal under monument protection law, the municipality issues a negative certificate. Only when this negative certificate has been issued may the land registry carry out the transfer of ownership.
Requirements for the exercise
An essential component for the exercise of both pre-emptive rights is a notarised purchase agreement (Sections 433, 463 BGB).
In addition, the requirements under Sections 24 and 25 BauGB (general pre-emption right, special pre-emption right) or Section 31 DSchG NRW (pre-emption right) must be met.
Exclusion criteria for the exercise
Exclusion criteria for the exercise of the municipal right of first refusal are regulated in Section 26 BauGB (Exclusion of the right of first refusal).
Section 31 DSchG NRW (Right of first refusal) contains the exclusion criteria for the right of first refusal under monument protection law.
Fees
The fees for a certificate of non-exercise of municipal pre-emption rights and negative certificates amount to 25 euros in accordance with the statutes of the City of Bocholt on the levying of administrative fees of 12 December 1991, tariff no. 10.3 (last amendment 13 December 2023).
Certificates of non-exercise of pre-emption rights under monument protection law and negative certificates are free of charge.
Legal basis
- §§ 433, 463 ff. German Civil Code (BGB)
- §§ 24 ff. Building Code (BauGB)
- §§ Sections 27, 31 of the NRW Monument Protection Act (DSchG NRW)
- Statutes of the City of Bocholt on the levying of administrative fees dated 12.12.1991
- Tariff for the statutes of the City of Bocholt on the levying of administrative fees dated 12.12.1991, tariff no. 10.3.
Any questions?
