Municipal pre-emption right: negative certificate

Municipal pre-emption right explained: when it exists under Section 24 BauGB, why it doesn't apply to condominiums, deadlines, and negative certificates.

FAQ

Does the negative certificate cost anything?

Obtaining it is part of the notary's execution and is covered by the execution fee. Fees charged by the municipality are regulated by state law.

Can the municipality pay a lower price?

In certain cases, the municipality can limit the price to the market value (Section 28 (3) BauGB). This affects sales where the price clearly exceeds the market value.