Service Finder
Disposals of agricultural land, application for approval
Service Description
Disposals, usually purchase contracts for agricultural land, above a certain exemption limit (in Thuringia from 2,500 m²) and the granting of co-ownership shares, usufruct and inheritance share disposals (for farms) require approval under the Real Estate Transactions Act. Without this, the land register entry by the land registry office and thus the change of ownership (or the registration of the right) may not take place. The applicant is the notary.
Private individuals or notaries may also submit draft contracts for approval.
If a farmer acquires agricultural land because he wants to use it in his business, the contract is approved.
Approval may be subject to requirements or conditions, if any, or may be denied if the sale constitutes an unhealthy distribution of land, z. For example, because the purchaser is not a farmer. In this case, a right of first refusal can be exercised by the settlement company. The prerequisite is that at least one farmer in need of stockpiling and willing to buy needs the land. The settlement company then resells the land to a farmer in need of restocking. Notification of the exercise is given by the authority to the contracting parties and the notary.
In Thuringia, approval for the sale of land is only required if the exemption limit exceeds 2,500 m². Smaller plots of land are not subject to the approval requirement.
Process flow
The concluded contract (notarial deed) or its draft on agricultural land between the owner and the acquirer is submitted by the notary (in case of drafts also possible by the parties involved), the authority checks, if necessary submits the process to the settlement authority for exercising the right of first refusal. The notice of approval, a refusal, exercise of the right of first refusal, approval subject to conditions or terms is determined and served with a notice.
Who should I contact?
Thuringian State Office for Agriculture and Rural Areas, Department 42 - Agricultural Structure
Contact details can be found here.
Competent authority
Thuringian State Office for Agriculture and Rural Areas, Department 42 - Agricultural Structure
Contact details can be found here.
Requirements
Concluded notarial contract e.g. according to § 433 ff BGB purchase contract or its draft about agricultural land stating:
Owner, purchaser, designation and size of the land plot, price.
Which documents are required?
Completed contract or complete draft, application for approval by the notary, or in the case of drafts by a contracting party
What are the fees?
none
What deadlines do I have to pay attention to?
The citizen/notary does not have to observe any deadlines for the application. Before the approval, however, no land register entry and thus no change of ownership based on the contract is possible. If the approval is not granted without restrictions, an application for a court decision can only be filed as a legal remedy within 2 weeks after the notification of the decision.
Processing duration
Processing must be completed within the 1-month period, or after extension by interim notice to 2 or 3 months. If no notification is received within the deadlines, the contract is considered approved.
Legal basis
Thuringian Ordinance on Responsibilities under the Real Estate Transactions Act and the Land Lease Transactions Act of June 07, 1991, last amended by Article 70 of the Thuringian Administrative Reform Act of December 18, 2018, GVBl. 2018, p. 731 (782)
Thuringian Act on the Exemption from Licensing in the Traffic of Agricultural and Forestry Land of January 30, 1997, GVBl. 1997, p. 71,
Thuringian Ordinance on the Implementation of the Imperial Settlement Act of May 13, 1996, last amended by Ordinance of September 18, 2017, GVBl. 2017, p. 199,
Appeal
Written form required: Yes
Personal appearance: no
What else should I know?
Author
The text was automatically translated based on the German content per DeepL.
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Thüringer Landesamt für Landwirtschaft und Ländlichen Raum (TLLLR) - Referat 42 - Agrarstruktur
Address
07646 Stadtroda
Employees
Referatsbereich Landentwicklung
Telephone
+49 361 574062-999- Bundesland Thüringen: