A categorical distinction is made between private and public law. Private legal terms are agreements between private parties, and public legal terms arise through decisions by parliament or the authorities.
What is important about Public Law Restrictions on Landownership Rights?
Private law
Buying a property is a private legal transaction. The buyer and seller agree on the price, and together they stipulate, for example, the date on which the rights and obligations in the property are transferred from the seller to the buyer. Both parties have equal rights, and ultimately it is their decision as to whether they want to do business with each other or not. The private legal conditions are entered in the Land Register and today they are already in the public domain and centrally accessible.
Public law
A PLR on, the other hand, is created as a result of decisions by parliament or the authorities and is binding to the property owner. Normally, those concerned can take part in the consultation procedure before a PLR is imposed, file an objection or contest a ruling. If the relevant decision has already been taken, however, it is binding. It cannot be renegotiated or overturned in an authorisation procedure. There is no central information office for public legal terms at present. This is precisely the loophole that the PLR cadastre will fill.


