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Real estate office

Rights of first refusal in real estate transactions - certificate

In accordance with Sections 24 et seq. of the German Building Code (BauGB) and Section 23 (6) of the Hessian Water Act (HWG), the State Capital of Wiesbaden has a statutory right of first refusal when selling properties for the reasons stated therein.

For this reason, the seller must notify the city of the content of a property purchase agreement immediately after it has been concluded (see Section 28 (1) BauGB). This obligation is usually assumed by the certifying notary's office, insofar as it is instructed to do so by the contracting parties in the purchase agreement. If there is no pre-emptive right or if an existing pre-emptive right is not exercised, the City of Wiesbaden will issue a certificate for submission to the local court, land registry office, which is subject to a fee.

Please note that there is no right of first refusal for the purchase of rights under the German Condominium Act and heritable building rights (see Section 25 (2) BauGB). No notification/application is therefore required in these cases. Pre-emption rights are also excluded if the requirements of § 26 BauGB are met.

Online service for notary's offices

In order to optimize and speed up the administrative procedure, the "Stabstelle Aktive Bodenpolitik" requests that applications be submitted "online". After submitting your application, you will immediately receive a confirmation of receipt and a notification once the examination has been completed. The certificate with signature and seal will be sent to you by post as before.

Each notary's office can have a separate access (notary portal) created free of charge at www.tetraeder.com.

You will receive your login name and password after registering with:
Tetraeder.com gmbH, Wißstraße 18, 44137 Dortmund
Telephone: +49 (0)231 1891717
Fax: +49 (0)231 1891718
www.tetraeder.com
E-mail: supporttetraedercom

Rights of first refusal in real estate transactions - certificate

Address

Gustav-Stresemann-Ring 15
65189 Wiesbaden

Postal address

P.O. Box 3920
65029 Wiesbaden

Notes on public transport

Bus stop Statistisches Bundesamt; bus lines 16, 27, 28, 37, 45, X26, 262

Information on accessibility

  • Barrier-free access is available
  • The WC is barrier-free

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Explanations and notes