Negative certificate / certificate of no objection when purchasing real estate

  • Erstellt am 2022-08-05 17:33:21

meingrundstück

2022-08-05 17:33:21
  • #1
What experience have you had with the topic of negative certificate / negative attestation in property purchase?

This type of certificate confirms that a municipality does not exercise its pre-emptive right to a property. The application for the negative certificate is usually handled by the appointed notary. The municipality charges a fee for issuing it. This fee varies from municipality to municipality. Attached is a sample.
 

Fuchur

2022-08-05 18:46:09
  • #2
Took quite a long time, but was free of charge.
 

Tassimat

2022-08-05 22:15:34
  • #3
What do you want to know, what is the question? Since the notary does it, it is usually a very boring, automated procedure for builders. So what exciting experiences should arise there? City exercises [Vorkaufsrecht] or not. Boring.
 

Schwabe23

2022-08-06 10:31:24
  • #4
So for us, it was highly exciting! The municipality had only waived the pre-emption right if we signed an additional construction obligation. We had no choice but to sign that, which now forces us to build due to the current cost explosions.
 

Stainless

2022-08-07 18:51:12
  • #5


Is that legally possible? Did you try to take legal action against it? Given the current cost/interest situation, that can indeed become problematic.

Normally, the right of first refusal must also be well justified and then approved by the city/community council.
 

Schwabe23

2022-08-07 20:02:52
  • #6
Apparently yes. How it would turn out in the case of a lawsuit would have to be seen. The city always has a right of first refusal if the property is within a valid development plan. We were just happy to have found a plot and definitely did not want to take any risks. We could only agree to that. It was also at completely different times and a situation like today was simply unimaginable.
 

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