Notification of land lease amendment Acceptance
If you have concluded a change to a land lease agreement, you must report this within one month.
Description
As the lessor of agricultural land, you are obliged to notify the competent authority within one month of any agreed changes to a concluded land lease agreement. As a tenant, you are also entitled to notify changes to the land lease agreement.
If the competent authority establishes that the amendment to your land lease agreement leads to an unhealthy distribution of land, in particular an accumulation, or that this results in uneconomic fragmentation or that the lease price is unreasonably high, the competent authority may object to and cancel the land lease agreement.
Required documents
- completed application
- concluded land lease amendment (copy or, in the case of an oral amendment: the substantive notification)
Forms
- Forms available: No
- Written form required: No
- Informal application possible: Yes
- Personal appearance necessary: No
Prerequisites
You must have concluded an amendment to the land lease agreement. The amendment must not
- no unhealthy distribution of land, in particular unhealthy accumulation,
- no uneconomic fragmentation or
- an unreasonably high lease price.
cause.
Basis for legal action
Legal remedy
- Application to the competent local court for a court ruling against the objection notice
Procedure
You can notify the competent authority of the conclusion of the land lease amendment. A verbal amendment to the land lease agreement is notified by means of a substantive notification. You submit a copy of a written amendment to the land lease agreement.
After notification of the completed amendment to the land lease agreement, the competent authority registers the basic data and checks whether there is an unhealthy distribution, in particular an accumulation, an uneconomic fragmentation or the lease price is unreasonably high.
Deadlines
- Notification period: 1 month after conclusion of the amendment to the land lease agreement
- Processing period / presumption of approval: 1 month, extension to 2 months possible
Approval fiction: 1 month (The decision on the objection to the amendment of a land lease agreement must be made in writing within one month of notification of the amendment. If the review is likely to take longer, the parties to the contract must be issued with an interim decision before the deadline expires, which extends the deadline to two months.)
Processing time
The processing period is one month. If the review of the contract amendment is expected to take longer, the contracting parties will be issued with an interim notification before the deadline expires, which will extend the deadline to two months. The contract amendment shall be deemed not to have been objected to if the deadline expires without the contracting parties having been notified of a notice of objection.
1 month (The decision on the objection to the amendment of a land lease agreement must be made in writing within one month of notification of the amendment. If the review is likely to take longer, the parties to the contract must be issued with an interim decision before the deadline expires, which extends the deadline to two months.)
Costs
There are no costs.
Area of validity
Hesse
Official approval
Officially approved by Ministry for Climate Protection, Agriculture, Rural Areas and the Environment Mecklenburg-Western Pomerania on 18.09.2023