However, for the acquisition of agricultural land by a non-farmer, permission must be granted by the competent authority in accordance with the Land Transfer Act. The sale of land to a non-farmer is viewed extremely critically by the competent authorities, with the result that approvals are often refused - sometimes without justification. The project developer can appeal against an unjustified rejection of this approval. However, this procedure is associated with relevant time delays and cost risks for the project developer, especially if a grid connection commitment expires as a result.
However, a project developer can circumvent this problem area at an early stage by structuring the acquisition transaction in accordance with corporate law so that existing regulatory loopholes can be exploited. This creates legal certainty from the outset and saves time and costs.
In the event of refusals under the Real Estate Transfer Act, please contact Judith Foest and Jan Christiansen.
With regard to preventive corporate law structuring options, please contact Jan Christiansen andPhilipp Thomssen.