Landesbetrieb real estate management and real estate

Check the City of Hamburg's right of first refusal and request a waiver.

Are you looking to buy or sell a property, or is there already a property purchase agreement? Find out here what you need to know about the right of first refusal and what applications you can submit.

Detailed description

The State Enterprise for Real Estate Management and Land Assets (LIG) is your central contact for all basic information on the statutory right of first refusal.



If you are buying or selling a property, or have already concluded a purchase agreement, you will need a so-called negative certificate for the transfer of ownership at the land registry office. This certificate confirms that the City of Hamburg has no statutory right of first refusal or that it has waived this right in whole or in part (for example, in the case of an area designated for public road traffic purposes according to a development plan).



You can apply for this negative certificate through a notary at the LIG.



The LIG is also responsible for the preliminary review of statutory pre-emption rights. You can request a non-binding preliminary ruling as to whether a property is subject to a statutory pre-emption right.

 

Information

Prerequisites

  • You have bought or sold a property.
  • You are entitled to obtain information for a planned property sale.

Documents required

The application for the issuance of the negative certificate (by the notary) with the following information:

  • Information on the legal validity of the property purchase
  • Date of the purchase agreement
  • certifying notary / certifying notary
  • Register of deeds or register of deeds number
  • Description of the property (exact address, cadastral district, parcel number, size, land register folio number)
  • If applicable, site plan (in the case of sold/to-be-sold partial areas),
  • Contracting parties with full addresses as well as
  • Details of the person responsible for paying the fees
  • You can find out about any further required documents from the responsible authority.

When submitting your request for a preliminary review of a right of first refusal, please provide the following information:

  • precise description of the property (address, cadastral district, parcel number, size, land register folio)
  • Power of attorney, unless you are the owner.

Please note

The LIG is responsible for examining the statutory pre-emption rights of the city of Hamburg.


The HPA is responsible for pre-emption rights in the Port of Hamburg.


The respective project proponent is responsible for the pre-emption rights arising from planning approval procedures.



Please note the deadlines for scheduling in connection with the property purchase agreement.



Information on the statutory right of first refusal can be found on the homepage of the State Enterprise for Real Estate Management and Land Assets (LIG) under the tab "Rights of First Refusal" (hamburg.de).



Check whether you would like to seek advice from your notary or a law firm if you have further questions.

Deadlines

Once the complete and legally valid purchase agreement is available, the city of Hamburg has 2 to 3 months to exercise its statutory right of first refusal.


Within this period, the City of Hamburg can exercise its right of first refusal by administrative act, provided the conditions are met.

Procedure

If the land purchase agreement has already been notarized:

  • The certifying notary applies for the negative certificate from LIG for all pre-emption rights belonging to the City of Hamburg (additionally from HPA AöR for properties in the port and in the case of planning approvals from the project developer)
  • LIG checks whether a right of first refusal exists for the property or for a part of it and clarifies the needs within the city of Hamburg.
  • During the pre-emption period, the city of Hamburg can exercise its right of first refusal.
  • Alternatively, you can reach an agreement with the city of Hamburg regarding a private acquisition to avoid government intervention.
  • If necessary, you, as the affected contracting party, will be given the opportunity to comment on the matter. You will receive a letter informing you of this.
  • If no right of first refusal can or should be exercised, the certifying notary receives the negative certificate.
  • As the acquiring party to the purchase agreement, you will receive a fee notice for issuing the negative certificate.

If the land purchase agreement has not yet been notarized:

  • Without a firm commitment, you can have LIG check in advance whether a property is subject to a statutory right of first refusal.

Processing time

If the right of first refusal is to be exercised, the city of Hamburg has 2 or 3 months (depending on the right of first refusal) to do so.


If the city of Hamburg does not have a right of first refusal or will not exercise it, you will receive the negative certificate promptly.

Fees

Fees apply. The amount of the fees is calculated according to the fee schedule. You can find it linked in the legal information.

Legal remedies

Please refer to your notification for information on legal remedies.

Legal basis

Section 24 of the Federal Building Code (BauGB)


www.gesetze-im-internet.de/bbaug/__24.html




Section 25 of the Federal Building Code (BauGB)


www.gesetze-im-internet.de/bbaug/__25.html




Section 26 of the Federal Building Code (BauGB)


Section 26 of the Federal Building Code (BauGB)






Section 27 of the Federal Building Code (BauGB)


www.gesetze-im-internet.de/bbaug/__27.html




Section 28 of the Federal Building Code (BauGB)


www.gesetze-im-internet.de/bbaug/__28.html




Section 15a Paragraph 3 of the Hamburg Roads Act (HWG) in conjunction with Section 28 of the German Building Code (BauGB)


www.landesrecht-hamburg.de/bsha/document/jlr-WegeGHAV2P15a




Section 55b of the Hamburg Water Act (HWaG)


www.landesrecht-hamburg.de/bsha/document/jlr-WasGHA2005pP55b




Section 99a of the Water Resources Act (WHG)


www.gesetze-im-internet.de/whg_2009/__99a.html




Section 66 Paragraph 1 Numbers 1-3 of the Federal Nature Conservation Act (BNatSchG)


in conjunction with Section 18a of the Hamburg Law for the Implementation of the Federal Nature Conservation Act (HmbBNatSchAG)


www.gesetze-im-internet.de/bnatschg_2009/__66.html


https://www.landesrecht-hamburg.de/bsha/document/jlr-BNatSchGAGHAV4P18a




Section 4 of the Reich Settlement Act (RSiedlG)


www.gesetze-im-internet.de/rsiedlg/__4.html




Section 13 Port Development Act (HafenEG)


www.landesrecht-hamburg.de/bsha/document/jlr-HfEntwGHAV4P13




Section 12 Paragraph 3 of the Hamburg Cable Car Act (SeilBG)


www.landesrecht-hamburg.de/bsha/document/jlr-SeilBGHApP12




§ 4 Para. 3 LinBeschlErStVtrG, FELP/VSHStVtrG


www.landesrecht-hamburg.de/bsha/document/jlr-LinBeschlSHStVtrGHApStaatsvertrag-P4




Section 3 paragraph 1 number 1 of the Fees Act in conjunction with number 5b


https://www.landesrecht-hamburg.de/bsha/document/jlr-GebGHA1986pP3


https://www.landesrecht-hamburg.de/bsha/document/jlr-GebGHA1986V16Anlage

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Keywords: Negative certificate, right of first refusal Negative certificate Right of first refusal declaration 1 negative decision land purchase agreement Community right of first refusal exercise for the benefit of a third party Exclusion and abolition of the right of first refusal

Last updated: 11.09.2026