Pre-emptive right of co-owners

From 1 January 2018, the legal pre-emptive right of the co-owners of real estate comes into force. This legal pre-emptive right was anchored in the old Civil Code and abolished by the new Civil Code in 2014. Now it is reintroduced by a new Civil Code amendment.

Every co-owner of real estate must now offer his share in the case of transfer to the other co-owners first. He does not have to do this if the share is transferred to a related party.

Each co-owner can waive his pre-emptive right. The waiver may also be binding for the successors, but it must be entered in the land register in order to achieve such effect.