Legal right of first refusal
General information
In accordance with the provisions of Sections 24 to 28 of the German Building Code (BauGB), the City of Wolfsburg has a statutory right of first refusal in the event of the sale of land under certain conditions.
In order to check whether this pre-emptive right exists and whether it will be exercised, the seller must inform the municipality of the content of the purchase agreement immediately after it has been concluded (Section 28 (1) sentence 1 BauGB). As a rule, this is done by the notary's office. The notary's office submits the application for the issue of a certificate for the statutory pre-emption right.
If there is no pre-emptive right for the City of Wolfsburg or an existing pre-emptive right is not exercised, the City of Wolfsburg issues a certificate (waiver of pre-emptive right) subject to a fee on the basis of the application submitted by the notary's office, which is required for the transfer of ownership at the land registry. The costs for this are borne by the buyer of the property.
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Application procedure and required documents
To apply for a waiver of pre-emption rights, a written application must be submitted. This must contain at least the following data on the contract and the property: Deed number, contract date, district, parcel, street, house number and the buyer's details.
It is possible to submit the application online and send it directly to the responsible office. You can find the relevant form here.
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Legal basis
- Building Code (BauGB) § 24 - General right of first refusal
- Building Code (BauGB) § 25 - Special right of first refusal
- Building Code (BauGB) § 26 - Exclusion of the right of first refusal
- Building Code (BauGB) § 27 - Avoidance of the right of first refusal
- Building Code (BauGB) § 28 - Procedure and compensation
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Fees
Fees are charged for the preparation of a waiver of pre-emption rights.
Fees are determined on the basis of the current version of the administrative cost statutes.
The fees are based on the purchase price of the property, the number of properties and the time and effort involved in the inspection.
The fees are charged to the purchasers of the property.
You can find the relevant administrative cost statutes here.
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Processing time
The processing time is usually 2 to 4 weeks, but can take up to three months in individual cases in accordance with Section 28 (2) sentence 1 BauGB.
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Contact
Mrs. Welter
Town Hall B, Room 320Telephone: 05361 28-2942
E-mail: franziska.welter2@stadt.wolfsburg.de