The obligation to obtain a permit for a legal transaction is essentially linked to three preconditions that need to be cumulatively fulfilled:
- The acquirer is a person abroad within the meaning of BewG
- = subjective obligation to obtain a permit / persons abroad
- The legal transaction concerns real estate that is subject to licensing obligations
- = objective obligation to obtain a permit / licensing obligation according to real estate utilisation
- The rights that are to be acquired must be deemed to constitute real estate acquisition within the meaning of BewG
- = objective obligation to obtain a permit / real estate acquisition