Germany moves to block property sales to ‘enemies of the constitution’

Germany is preparing to ban property sales to individuals designated as “enemies of the constitution” under a new legislative proposal that would grant municipalities a preemptive right of purchase to block such transactions.

Verena Hubertz, the construction ministry spokesperson for the Social Democratic Party (SPD), presented the “Draft Law on the Modernization of Urban Planning and Regional Planning Legislation” on April 2. The ministry framed the bill as a measure to streamline new construction and enhance the security of urban environments.

“The update to the Building Code will provide momentum for local planning and serve as a toolkit for climate change adaptation, the acceleration of construction, and the provision of more housing,” the ministry stated.

While the ministry’s official press release highlighted benefits such as simplified zoning changes, streamlined environmental audits, and increased transparency through digitalization, a critical provision of the 174-page document remained absent from the summary.

If passed by parliament in its current form, the legislation would grant German municipalities a right of first refusal for properties slated for sale to individuals believed to be engaging in “activities against the free democratic basic order.”

Under the proposal, municipalities may exercise this right if there is “concrete evidence justifying the assumption that the purchaser actively supports the realization of such activities.”

To implement this authority, local governments would be empowered to request background information on potential buyers from Germany’s domestic intelligence agency, the Federal Office for the Protection of the Constitution (BfV), and the Federal Criminal Police Office (BKA). The BfV operates under the jurisdiction of the Ministry of the Interior and is directly subject to the political direction of the federal government.

The draft clarifies that the activities triggering a municipal intervention do not necessarily have to be illegal.

“Unconstitutional activities are characterized by active, though not necessarily militant, aggressive, or illegal measures aimed at achieving their goals,” the text states. “It must be possible for these activities to produce objective political consequences in the short or long term.”

Observers warn that the law could pave the way for political “ideology tests” for real estate buyers, as municipalities could use the preemptive right to block acquisitions by those classified as “right-wing.”

Marc Bernhard, the Alternative for Germany (AfD) parliamentary spokesperson for construction, condemned the plans, describing them as “unconstitutional extremism by the SPD.”