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KI-Symbolbild: Kleine Acker- und Wiesenparzellen mit einer weißen Kapelle liegen in einem Tal vor Bergen im Morgendunst.
Practical article Selling Germany

Selling small agricultural plots in Bavaria one after another: check earlier sales for the exemption threshold

Why the size of the current plot alone is not decisive when selling a small agricultural plot in Bavaria.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Germany
For whom
Owners & landlords
Article ID
WX26-P05-0090

You want to sell a small agricultural or forestry plot in Bavaria. It is smaller than one hectare. From this you conclude that the transaction certainly does not require a land transfer permit (Grundverkehrsgenehmigung). However, for the Bavarian exemption threshold (Freigrenze) it can also be relevant which plots you have previously disposed of.

Clarify the scope of application first

Sections 1 and 2 GrdstVG describe the affected area of land, the basic permit and possibilities for state-law size rules. [GRDSTVG-2] The owner’s own designation as a recreational meadow does not decide this legal classification. This article concerns Bavaria and does not transfer its threshold to any other federal state.

Our editorial recommendation: Compile the plot designation, documented size, actual use and existing building data. Have a notary or the competent specialist authority check the scope of application and any further possible exceptions. The article does not confirm permit requirement or permit exemption for any specific plot.

What Article 2 BayAgrG actually brings together

The Bavarian provision exempts certain sales below one hectare from the requirement for a permit if the plot is not occupied by buildings of an agricultural homestead. It also includes in the size calculation certain plots disposed of from the property within the preceding three years without a permit, from the land holdings in the area of responsibility of the same district administrative authority. For the explicitly named municipal acquirers it contains a different exemption threshold. [BAYAGR-2]

For preparation, therefore, neither the present size alone nor the imprecise recollection “I sold something earlier, too” is sufficient. The concrete prerequisites and the earlier course must be specified in a verifiable manner.

An invented calculation example for clarification

A seller plans to dispose of 0,6 hectares today. She has already sold 0,5 hectares from her property in the same authority area without a permit during the presumed relevant three-year period. Assuming solely for this learning example that this earlier area is to be included under Article 2, the total is 1,1 hectares.

The example shows why the review must not stop at 0,6 hectares. It does not decide all questions of permit requirement. Even a transaction of exactly one hectare is not equated with the wording “less than one hectare”.

Make the earlier sales history provable

Assign date, plot reference and existing evidence of the then permit status to the earlier transactions. The advice should be able to check which transactions must actually be included. Missing documents remain visible as a concrete gap.

The article does not recommend any division to circumvent a procedure. A new parcel number does not simply render the decisive seller history meaningless. The special rule for municipal acquirers is also only examined if the actual acquirer falls within it.

Plan with a confirmed procedural path

After clarification, record which evidence or decision is required for this purchase. Price or scheduling planning should be based on this actual status. The result is not a self-issued permit exemption, but a fully described transaction for the appropriate execution.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.