Can a property be forcibly auctioned for unlawful use as a holiday home?
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Following an amendment to the Land Transfer Act, forced auction of a property has been provided for again by law since 1 September 2022. Whether the new regime applies must be assessed on a case-by-case basis.
Following an amendment to the Land Transfer Act (Grundverkehrsgesetz), forced auction of a property has been provided for again by law since 1 September 2022. Whether the new regime applies in a given case must be examined individually. A key factor is whether the property is located in a so-called Vorbehaltsgemeinde as defined by the statute.
Given the rigorous approach taken by the authorities, it is decisive from the outset to take appropriate legal steps against administrative orders connected with a threatened forced auction.