Environment, Climate, Energy and Agriculture Authority

Apply for permission to sell agricultural or forestry land

Prerequisites

• You intend to sell all or part of an agricultural or forestry property.
• The property area is more than 1 hectare.

Documents required

• Cover letter from the notary
• Copy of the draft purchase agreement

Depending on the circumstances of the individual case, you may be required to provide additional documents and evidence. In particular, additional documentation may be necessary to obtain recognition of the buyer as an agricultural holding or to obtain equal status with an agricultural holding. Proof that a farm is not subject to the Farm Regulations is also often required, as an agricultural court is responsible for proceedings under the Farm Regulations.

Please note

If you do not need a permit to sell your property, you can request a confirmation (negative certificate) to this effect.

Agricultural land within the meaning of the law exists, regardless of its actual use, even if the land can be returned to agricultural use using equipment normally found on an agricultural holding. If this is clearly not possible (for example, due to development), no assessment under the Real Estate Transfer Act is required.

When selling agricultural or forestry land, municipal pre-emption rights may apply. After the sale has been approved, you must have these rights reviewed. In Hamburg, the review is carried out by the
State Agency for Real Estate Management and Real Estate (LIG), Area and Portfolio Management (Department 53)
Millerntorplatz 1, 20359 Hamburg.
Further information is available upon request by email to vkr@lig.hamburg.de.

Deadlines

You need the approval or the negative certificate to be able to register the sale in the land register.


The responsible authority has a maximum of 3 months to respond to your application.

Procedure

• You submit your informal application by post or email to the responsible authority and attach the necessary documents, in particular the purchase contract.
  • This is usually arranged by your notary public.
• The responsible authority will examine your application and, if necessary, request any missing documents or information from you.
• If you pass the exam, you will receive written approval.

Processing time

Typically, the responsible authority makes a decision within one month. In exceptional cases, processing may take longer. The responsible authority will then inform you in writing.

Fees

No

Legal remedies

If the decision is rejected, you can file a petition for a decision with the competent agricultural court within two weeks of receipt. In Hamburg, you can also submit the application to the Authority for the Environment, Climate, Energy and Agriculture, Neuenfelder Straße 19, 21109 Hamburg.

Legal basis

Real Estate Transfer Act (GrdstVG)

https://www.gesetze-im-internet.de/grdstvg/BJNR010910961.html


Imperial Settlement Act (RSiedlG)

https://www.gesetze-im-internet.de/rsiedlg/BJNR014290919.html