Negative certificate / certificate of no objection when purchasing real estate

Is that legally possible? Have you tried 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 quite well justified and then approved by the city/town council.

It is quite common for municipalities to require that an obligation to build within 3 years (or similar) is included in the purchase contract.

It is quite common for municipalities to require that a building obligation within 3 years (or similar) be included in the purchase contract

Yes, but not in a private sale, only when the municipality/city sells the property. Exploiting the right of first refusal to put pressure on builders is really something "special."

Yes, but not in a private sale, only when the municipality/city sells the property. Exploiting the right of first refusal to pressure builders is something "special"

No, it is quite common even in private sales. Municipalities want to prevent properties from being casually passed down among relatives and friends over generations, in case a cousin of the great-grandchild comes along who really wants to develop it, even though it could have been developed multiple times in the meantime.

Well, for us it was very exciting! The municipality only waived the right of first refusal if we signed an additional building obligation. We had no choice but to sign it, which now forces us to build given the current cost explosions.

If construction is not carried out within the deadline, what would happen then? Can the municipality still step into the original contract afterwards?

In which area was that roughly? Feel free to send a private message.

District Biberach in BW. They could then buy back the property at the original purchase price. However, they would probably have to bear the tax and notary costs.

District Biberach in BW. They could then repurchase the property at the original purchase price. However, they would probably be left with the tax and notary costs.

Maybe a little explanation.
1. According to the Land Mobilization Act of 2021, the municipality has improved options to exercise its municipal pre-emptive right.
2. The period is now three months.
2. Even if you buy above the market value (in case of doubt assessed based on the standard land value plus adjustments), the municipality can set a lower purchase price when exercising its pre-emptive right – but not below the market value.
3. Consequences of the pre-emptive right are that a new purchase contract is concluded between the seller and the municipality. There is no entry into the purchase contract concluded with you. This contract is unwound.
==> Thus, regarding your comment on costs: there are no taxes for you since you have not bought any property. Whether you get back the notary costs is not yet finally clarified. However, the Federal Court of Justice has already decided that the municipality must reimburse the broker's fees. So there are at least quite good chances.
4. However, the buyer of a property has the right under certain conditions to avert the pre-emptive right. He must then commit to meet the municipality’s objectives (development within x years, certain ecological requirements, or whatever). In practice, detailed aversion agreements in the form of public-law contracts are actually very often concluded, which (unlike the unilateral declaration of aversion) sometimes go far beyond the legally prescribed purpose of aversion and also include securities for the municipalities in case of performance disruptions.