Exercising pre-emption rights in accordance with the BauGB for the municipality with legal certainty

Exercising pre-emption rights in accordance with the BauGB for the municipality with legal certainty

Dr Maximilian Dombert

Lecture

Event on: 12.05.2026

Time: 10:00 - 12:00

Speaker: Rechtsanwalt Dr Maximilian Dombert
Organiser: NST knowledge transfer GmbH

Content of the event

 

The seminar focusses on municipal pre-emption rights in accordance with the German Building Code (BauGB) and examines the formal and material requirements for exercising them. In addition to the requirements under building law, the requirements under municipal law are also discussed.

 

What is it about?

Municipal pre-emption rights under the Federal Building Code provide municipalities with an effective instrument for securing urban land-use planning. However, practice shows that the exercise of pre-emption rights often fails due to formal errors. The material prerequisites, in particular the requirements for establishing the pre-emption right, are no less complex.

The seminar not only examines the requirements under building law, but also the municipal law requirements for the exercise of pre-emption rights, such as the passing of resolutions in the municipal council. In addition to the legal considerations, there are also practical tips for the design and formulation of the exercise notice.

Focal points:

  • Pre-emption rights in accordance with the BauGB
  • Formal and material requirements for the exercise
  • Municipal law requirements, in particular decision-making in the municipal council
  • Process flow from a municipal perspective from incoming to outgoing mail
  • Formulation examples for the exercise notice

The brains behind the event.

Dr Maximilian Dombert

is Rechtsanwalt and a partner at Dombert Rechtsanwälte Part mbB in Potsdam. He specialises in municipal law, municipal commercial law, construction and planning law.

DOMBERT Lawyers

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