Service Finder
Applying for permits for the sale of agricultural land
Service Description
Sales, usually purchase agreements for agricultural land, above a certain exemption limit (in Thuringia from 2500 m²) and the granting of co-ownership shares, usufruct and the sale of hereditary shares (for businesses) require approval in accordance with the Land Transfer Act. Without this, the land register entry by the land registry and thus the change of ownership (or entry of the right) may not take place. The applicant is the notary.
Private individuals or notaries can also submit draft contracts for approval.
If a farmer acquires agricultural land because he wants to use it for his business, the contract is approved.
Approval may be subject to conditions or requirements, or it may be refused if the sale constitutes an unhealthy distribution of land, z. e.g. 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 who needs the land and is willing to buy it needs it. The settlement company then sells the property on to a farmer in need of an increase. The authority notifies the contractual partners and the notary of the exercise.
In Thuringia, approval for the sale of land is only required from an exemption limit of over 2,500 m². Smaller plots of land are not subject to approval.
Process flow
The concluded contract (notarial deed) or its draft concerning agricultural land between the owner and the purchaser is submitted by the notary (in the case of drafts also possible by the parties involved), the authority checks and, if necessary, submits the process to the settlement authority for the exercise of the pre-emptive right. The notice of approval, refusal, exercise of the pre-emptive right, approval subject to conditions or requirements is issued and delivered.
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
Completed notarized contract, e.g. in accordance with § 433 ff BGB Purchase contract or draft thereof for agricultural land, stating:
Owner, purchaser, plot designation and size, price
Which documents are required?
Completed contract or complete draft, application for approval by the notary or, in the case of drafts, by one of the contracting parties
What are the fees?
none
What deadlines do I have to pay attention to?
The citizen/notary does not have to observe any application deadlines. However, no entry in the land register and therefore no change of ownership based on the contract is possible before approval. If the approval is not granted without restriction, an application for a court decision can only be lodged as a legal remedy within 2 weeks of notification of the decision.
Processing duration
Processing must be completed within the 1-month period, or after extension to 2 or 3 months by interim notification. If no notification is received within the deadlines, the contract is deemed to have been approved
Legal basis
Thuringian Ordinance on the Responsibilities under the Land Transfer Act and the Land Lease Transfer Act of June 7, 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 Permission in the Movement 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 the 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.
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
No competent authority found
Please enter your location.