Procedure
- In the case of already notarized real estate purchase agreements:
As a rule, the notaries handling the transaction apply to the LIG (Landesimmobiliengesellschaft, State Real Estate Company) for the corresponding certificate of non-exercise of pre-emption. The LIG then examines whether the city has a right of first refusal for the property or a portion thereof. Depending on the specific right of first refusal, the law stipulates a period of two or three months for this process. If the conditions for exercising the right of first refusal are met, the municipality can exercise this right within these timeframes by means of an administrative act. The contracting parties will be given the opportunity to comment on the matter during a hearing. If the municipality cannot or does not intend to exercise any rights of first refusal, the respective certificate of non-exercise of pre-emption will be promptly forwarded to the notaries handling the transaction after notification of the legally valid purchase agreement. The corresponding fee notice will be sent directly to the party liable for the fees after the certificate of non-exercise of pre-emption has been issued.
- Before the notarization of real estate purchase agreements:
It is possible to have the LIG (Hamburg Land Management Authority) check, free of charge and without obligation, whether a property is subject to statutory pre-emption rights even before notarization. Further information can be found here : Pre-emption rights (hamburg.de)
Processing time
The statutory deadline for exercising the right of first refusal is - depending on the right of first refusal - basically two or three months after submission of the legally effective property purchase contract. Within these periods, the right of first refusal can be exercised if the requirements are met. In the event of non-exercise, LIG will issue the certificate of non-existence of a right of first refusal or of the waiver of exercise promptly after notification of the purchase contract.
Fees
- A fee is charged for issuing the certificate confirming the non-existence of a right of first refusal or the waiver of its exercise, in accordance with Section 3 Paragraph 1 No. 1 of the Fees Act in conjunction with No. 5 b) of the Annex to this Act.
- Hamburg - Section 3 Fees Act | Hamburg State Law | Administrative Fees | Section 3 - Administrative Fees | Text valid from: January 1, 2004 (landesrecht-hamburg.de)
- Hamburg - Annex to the Fees Act | Hamburg State Law | Annex | valid from: 01.01.2025 (landesrecht-hamburg.de)
