Negative certificate / certificate of no objection when purchasing real estate

  • Erstellt am 2022-08-05 17:33:21

Schwabe23

2022-08-08 17:58:42
  • #1
We will finish on time and therefore nothing will be reversed or anything like that. Just wanted to say that the confirmation from the city is not merely a formality.
 

User0815

2022-08-23 21:52:29
  • #2
Could it be that two things are being confused here? The original poster is referring to the negative certificate according to § 24 Baugesetzbuch, which must be available for the re-registration of the land register to the new owner. The municipality may only exercise this pre-emption right under very strict conditions and enter into the already concluded purchase contract between the seller and the actual buyer. Schwabe23's post sounds like the claim of the municipality as the seller of the property, which is often agreed upon and secured in the land register with a repurchase annotation, for the retransfer of ownership if, for example, the property is not developed within a certain period.
 

Schwabe23

2022-08-23 22:02:14
  • #3
Yes, I know it like that too. However, the municipality actually intervened between a private purchase agreement without a construction obligation and only waived the pre-emption right if we, in return, sign a construction obligation. ‍

The pre-emption right existed because the building plot is within a valid development plan.
 

Yosan

2022-08-24 18:15:57
  • #4
That's exactly how I know it from various municipalities here as well.
 

xMisterDx

2022-08-24 23:33:18
  • #5
Wow, you got off cheap there. They charged me 50 EUR for waiving the [Vorkaufsrecht]...
 

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