Landscape protection area Hausbrand

We would like to buy an existing property located in a protected landscape area. The house was inhabited until recently. Now we have heard that the house, for example, could not be rebuilt after a fire. That would be like a compulsory expropriation, wouldn’t it? Is it also true that the state always has a right of first refusal? I only have this information from the internet. If anyone has experienced something similar or found out more, I would appreciate feedback.

We would like to buy an existing property that is located in a landscape protection area. The house was inhabited until recently. Now we have heard that, for example, after a fire, the house may not be rebuilt.

Where is that supposed to be stated? That would be new to me.

Is it also true that the state always has a preemptive right?

Kind of. Basically, in every sale the municipality is asked whether it wants to exercise its statutory right of first refusal. For this, it needs defined reasons. And also the financial means...

Landscape conservation area

... (almost) always means outer area. Construction measures – including reconstruction – are then subject to planning law under §35 of the Building Code. Even the acquisition of property by non-privileged professional groups can be inadmissible. Destruction by fire is actually unproblematic (see paragraph 4, 3.), however, the application for a new building could raise concerns about the previous permissibility, which the owner must then dispel. The conclusive documents should then not have been destroyed.

Would that then be like a compulsory expropriation?

Possible, e.g. §35 paragraph 5 sentence 2 Building Code:
For projects according to paragraph 1 numbers 2 to 6, as a further requirement for permissibility, a declaration of obligation must be given to dismantle the project after permanent cessation of the permissible use and to remove soil sealing

Is it also true that the state always has a right of first refusal?

No. However, there are various legal bases that can establish a right of first refusal, e.g. §§24, 25 Building Code or §66 BNatSchG

Before purchasing a property in the outer area, one should thoroughly inform oneself about the requirements and conditions, i.e. at least visit the building permit authority, the nature conservation authority, and the land registry office.