Examination of the right of first refusal
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Das gemeindliche Vorkaufsrecht ermöglicht es der Gemeinde, für städtebauliche Zwecke Grundstücke zu erwerben, um dadurch auf deren künftige bauliche und sonstige Nutzung Einfluss zu nehmen.
Exercising the right of first refusal means that the municipality has the right, under certain conditions, when buying a property in its municipal area, that it or a third party can enter into the purchase contract and then become the owner of the property. The right of first refusal may only be exercised if this is justified in the public interest.
Under certain circumstances, the exercise of the right of first refusal may be excluded or averted by the purchaser.
The seller or the buyer must inform the municipality of the content of the purchase contract without delay so that it can decide whether to exercise the right of first refusal.
The city requires knowledge of the fact of the legally effective property purchase, the date of the purchase transaction, the notary who authenticated the property and the deed roll, the exact designation of the property (street, house number, district, parcel of land, size, land register page number), the location in the case of partial areas sold, the parties to the purchase contract with full addresses and details of the party liable for the fee.


You bought a property.


The right of first refusal is excluded in several cases, e.g. in the case of a sale to spouses / relatives / relatives by marriage or if the property is built on and used in accordance with the development plan.
The right of first refusal can also be averted by the buyer, for example if he
  • is able to use the property within a reasonable period of time in accordance with the intended use and
  • undertakes to do so within two months after notification of the purchase contract to the municipality.
The exercise of a right of first refusal in favor of a third party presupposes that he
  • is able to use the property for the intended purpose within a reasonable period of time and
  • committed to this.
§ 24 Building Code (BauGB)
URL: http://www.gesetze-im-internet.de/bbaug/__24.html
§ 25 Building Code (BauGB)
URL: https://www.gesetze-im-internet.de/bbaug/__25.html
§ 26 Building Code (BauGB)
URL: https://www.gesetze-im-internet.de/bbaug/__26.html
§ 27 Building Code (BauGB)
URL: http://www.gesetze-im-internet.de/bbaug/__27.html :
§ 28 Building Code (BauGB)
URL: https://www.gesetze-im-internet.de/bbaug/__28.html

Related Links

  • Real estate and investor portal of the Free and Hanseatic City of Hamburg for business and citizens
  • § 24 Building Code (BauGB)
  • § 25 Building Code (BauGB)
  • § 26 Building Code (BauGB)
  • § 27 Building Code (BauGB)
  • § 28 Building Code (BauGB)
As a buyer or seller of a property, you inform the municipality about the content of the purchase contract.
If there is no right of first refusal or if the municipality does not exercise it, the municipality must issue a certificate (so-called negative notice/attestation) upon application by a party involved.
If, on the other hand, the municipality exercises the right of first refusal, an independent purchase contract is newly established between the seller and the municipality. In principle, the same conditions apply (also with regard to the purchase price) that the seller had agreed with the original buyer. However, the purchase price can be price-limited if the agreed purchase price clearly exceeds the market value. In this case, the seller can withdraw from the contract.
The right of first refusal is exercised in relation to the seller; the buyer must be informed of the decision.

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