New Section 43a of the GBV: Facilitated Land Register Access for Project Developers

On April 11, 2025, the German Federal Government adopted amendments to the Land Register Ordinance (Grundbuchverordnung, GBV), which are particularly relevant for developers of renewable energy projects. The reform aims to facilitate access to land register information, thereby accelerating the planning and implementation of renewable energy projects. It also puts an end to the previously inconsistent practices of land registry offices — some of which imposed high access requirements — by introducing a standardized approach.

What Is Changing in the Land Register Ordinance?

With the introduction of the new Section 43a GBV, project developers and operators of renewable energy facilities are granted easier access to the land register. Specifically, a legitimate interest in inspecting the land register is now deemed to exist if the applicant declares an intention to construct or operate such a facility on the relevant property. This represents a significant simplification compared to the previous legal situation, which required the demonstration of a legitimate interest under Section 43 GBV.

Scope of the Right of Inspection

The right of inspection is limited to the extent that a legitimate interest exists in the individual case. This legitimate interest may be restricted to specific entries in the inventory register and to individual sections of the land register, particularly to ownership information in Section I.

Requirements for Land Register Access

 

Section 43a GBV sets out two requirements that the project developer must demonstrate in a personal declaration:

1. Project Developer or Operator of Renewable Energy Installations

   The applicant must be a company that operates or develops wind or solar energy installations.

   • This can be demonstrated, for example, by submitting permits previously issued to the company (permits issued to an affiliated group company are also sufficient).

   • If a company has not yet begun operating or developing installations, it is sufficient to present appropriate preparatory steps regarding company formation, financing, expertise, etc.

     
     

2. Location of the Property

The property must be located in a wind priority area as defined in Section 2, No. 1 of the Wind Energy Act (WindBG), within the scope of an approved development plan according to Section 30 of the Building Code (BauGB), or in the rural area as defined by Section 35 of the Building Code (BauGB).

Conclusion

The Introduction of Section 43a GBV represents an important step in promoting the expansion of Renewable Energy. By facilitating access to the land register, project developers are enabled to plan more efficiently and implement projects more quickly.

If you have any questions regarding the topics mentioned above, feel free to contact us – we look forward to hearing from you.