Space management

The Land Administration Department is responsible for asserting and processing the statutory pre-emption rights of the City of Jena.

In principle, municipalities are not entitled to a right of first refusal for every sale of land, as is often the case. Of the approx. 500 purchase agreements that are submitted to the Land Administration Department for review each year, a right of first refusal only exists in a maximum of 5% of cases and only in approx. 5 cases is the right of first refusal actually exercised.

The municipal right of first refusal is currently only regulated in the Building Code, the Thuringian Monument Protection Act, the Thuringian Forest Act, the Thuringian Nature Conservation Act and the Thuringian Water Act. It is structured in such a way that the municipalities must issue a decision or a negative certificate after an inspection period of 2 or 3 months. During this time, the execution of the purchase contract is suspended. In most cases, however, this period is not required.

After a thorough examination, the City of Jena decides whether to exercise its right of first refusal. In the event of exercise, a notice is issued by the Land Administration Department for the City of Jena. The City of Jena then acquires the property or parts of it on the terms agreed between the seller and buyer. As this is an administrative procedure, the decision can be contested by one of the parties to the purchase agreement by means of an objection, thus initiating a legal review.

If the city does not exercise its right of first refusal or there is no right of first refusal at all, the land administration department issues the negative certificate directly to the notary. Only with this certificate does the notary submit the purchase contract to the land registry for transfer of ownership.

The Land Administration department is responsible for all legal steps in connection with the exercise of the right of first refusal. This includes communicating and negotiating with the parties involved, processing the notarized purchase and, if necessary, enforcing the claims in court.

If, for example, land or parts of land that are not owned by the city are required for the construction of a road in Jena, it may be necessary to conclude a building permit agreement . The construction measures usually serve to expand and improve the city's infrastructure in order to meet the needs of the general public.

The building permit agreement stipulates that the city of Jena may use the land or parts of land in question for its construction project during the construction period. This enables the city to carry out its infrastructure projects, for example to improve traffic flow, create new connecting roads or build bridges.

The contract aims to meet the interests of both the city of Jena and the contractual partner. It offers the contractual partner the certainty that it will not suffer any disadvantages as a result of the construction project and will be adequately compensated.

Our department is also responsible for issuing special use permits for municipal green spaces. Whether it is for events, construction work or other activities, we carefully examine applications and issue permits to ensure that the use of our green spaces complies with the City of Jena's green space statutes.

In addition to their ecological and climatic functions, public green spaces in a large city also have recreational and leisure functions for various user groups. This is associated with extraordinarily high usage pressure.

We ensure the recreational and leisure value of green spaces and bring the different, sometimes conflicting interests of users to an overall balance that is compatible with the common good.

As a land management company, we are responsible for granting usage rights for municipal land to private individuals and companies. This mainly occurs when a building plot has no direct connection to a public road and access is via municipal property. In addition, permission agreements or easements are often required for the laying of pipes, compliance with clearance areas or when building over municipal property. In order to obtain a building permit, it is often necessary for us to also submit a building obligation with the same content to the building authorities.

Our main task is to represent the interests of the City of Jena and to ensure that the municipal property is used properly. To this end, we generally conclude permission agreements for a fee, which define the conditions for the use of the municipal property. These agreements cover aspects such as the duration of use, the permitted range of uses, the assumption of liability and traffic safety obligations and the financial compensation for use.

Before concluding the agreement, we coordinate the planned use with various specialist departments within the city administration. This includes checking the urban development compatibility, environmental protection and coordination with the relevant traffic authorities. We act as an interface between the departments and ensure that all necessary permits and approvals are obtained before the contract is signed.

In some cases, the city also requires usage rights to land that is not owned by the city. In such situations, we negotiate with the respective owners and conclude appropriate agreements.

We are also responsible for the administration of existing usage agreements. This includes monitoring the terms of contracts, processing payments and handling contract amendments or extensions.

Our aim as a municipal property management company is to coordinate the use of municipal property and ensure that it is in line with municipal objectives and regulations. By concluding usage agreements and working together with various specialist departments within the city administration, we help to ensure that the city's real estate is used properly and sustainably.