Approval authority according to the Real Estate Transfer Act (GrdstVG)

Prerequisites

notarial release

Documents required

Cover letter from the notary's office and copy of the purchase contract. The documents can be submitted for review by post or email.

Please note

The legal sale of agricultural or forestry property (> 1 hectare) requires approval under the Real Estate Act. The BUKEA decides on the application for approval in the Free and Hanseatic City of Hamburg. If approval is not necessary, BUKEA will issue a certificate on request.

Information from the Authority for the Environment, Climate, Energy and Agriculture (BUKEA) for notaries who submit contracts to us for certification under the Property Transactions Act (GrdstVG):
For sales contracts in which no agricultural or forestry areas are affected within the meaning of § 1 GrdstVG or areas according to § 1 GrdstVG up to 1 ha in size (minimal threshold in Hamburg), no examination of the BUKEA according to GrdstVG is required. This criterion can be determined via the extracts from the land register, which are to be determined for purchase contracts anyway. Under these conditions, the Hamburg land registries will not require BUKEA to review the contracts in accordance with GrdstVG.
§ 1 GrdstVG
(1) The regulations of this section shall apply to agricultural and forest land, and to bog and wasteland that can be brought into agricultural or forest culture.
(2) Agriculture within the meaning of this Act is soil management and animal husbandry associated with soil use in order to obtain plant or animal products, especially arable farming, meadow and pasture management, commercial horticulture, commercial fruit growing and viticulture as well as fishing in inland waters .
(3) Property within the meaning of this Act is also part of a property.

Deadlines

not specified

Procedure

not specified

Processing time

Usually up to a month. If necessary, the notary's office will be notified of an extension of the processing time by one or two months. The maximum processing time is three months.

Fees

none

Legal remedies

An application for a decision by the competent local court can be filed against official notifications within two weeks of delivery. The application can be submitted to the authority for the environment, climate, energy and agriculture, Neuenfelder Straße 19, 21109 Hamburg or the corresponding district court.

Legal basis

Real Estate Transactions Act (GrdstVG)

Pursuant to the Land Traffic Act (GrdstVG), purchase contracts must be checked by the authorities and require approval if the area is at least one hectare in size and is an agricultural area within the meaning of the GrdstVG (see also information sheet). This check is usually initiated by the notary who certifies the document. In the event of a refusal, the legal remedy mentioned under "Legal notices" can be lodged. The official examination of the exercise of urban pre-emption rights (VKR), which is also necessary, can only be binding if the examination according to GrdstVG has been completed as far as necessary. The VKR is checked by the State Office for Real Estate Management and Real Estate (LIG), Area and Portfolio Management, Unit 53, Millerntorplatz 1, 20359 Hamburg. Email: vkr@lig.hamburg.de.”