Acquisition of land - direct sharing?

Hello,

we are currently dealing with the topic of building a house, as already mentioned in another thread. From October, plots of land can be reserved/acquired in a new development area. Now, the situation is that my parents would like to build new and age-appropriate. The current house is now about 50 sqm too large after my sister moved out, and the garden with the swimming pond is too much work. Since we live in the countryside (28 thousand inhabitants), the plots of land here are regularly at least 600 - 1300 sqm in size. However, they would like a maximum of 400 sqm -> because of the garden work ;). Since we ourselves would also like a small plot of land, the idea was possibly to purchase a larger plot and divide it in reality.

This raises the following questions for me:

1. Of course, the plots must continue to comply with the development plan and building law (Building Code, Lower Saxony Building Regulations). The development plan is important here (unfortunately only available at the end of September) - basic floor area ratio, floor space index, possibly set minimum plot size per house, building envelope. Also building law because of setback requirements. Additionally, both plots must of course be developed. That is what my research has shown, have I overlooked something important?

2. If there is nothing against it under building law - do I have the right to divide the plot? Or am I dependent on the goodwill of the building authority?

Many thanks in advance for all the answers and for sacrificing your free time =)

Hello ,

if there are no building law objections, then the subdivision cannot be prevented. ;)

It is even "worse" in NRW (and I believe it is the same in NDS). For an undeveloped property, the subdivision will definitely go through because a subdivision permit in NRW only has to be obtained for already developed properties.

From a cadastral perspective, you would therefore initially get a building law totally nonsensical subdivision approved because the building authority does not even notice it.

As a surveyor - recognizing the purpose of the subdivision and seeing the lurking dangers - I would always consult with the architect in such cases. Then you submit the building application (task of the architect) to the building authority including the planned (!) new boundary, and the building application is then reviewed in such a way that the later subdivided condition is decisive and checked from a building law perspective. The subdivision can then take place in parallel so that it is completed before the start of construction.

This is also a standard procedure; if the development plan does not contain special requirements regarding the minimum plot size and/or the inadmissibility of semi-detached houses and your planned development fits on the new subdivided plots, then it can be quickly checked in advance.

I can gladly recommend a local surveyor (Wesermarsch) to you via private message if needed.

Best regards
Dirk Grafe

I keep reading property tax :-) but I think he means land.

: Yes, property here should not stand for property tax, but for property ;)

: First of all, thank you very much for the response! Yes, a partition permit has not been necessary in Lower Saxony for a few years now. If I understand you correctly: I can theoretically always get a partition declaration - no matter how (in)sensible it is. To take the building law aspects into account in order to avoid a nonsensical partition, I or the architect must submit a building application with both developments including the partition (or two building applications?!). So if the building authority has any objections, I will find out before the partition. Is that correct?

For us/me, the problem is that it would be rather counterproductive for us to buy a large property only to find out after the purchase contract that the development cannot proceed as planned. Then we or my parents, for example, would have a 900 sqm property instead of 400 sqm and 500 sqm. So we could ask the architect, but we don’t have 100% certainty? If the architect knows his craft, can we then assume with 90% certainty that it will work?

Dirk Gräfe is our expert regarding land plots. I, as a layman from Lower Saxony, am a bit confused because I know that these land plots can only be divided ideologically, as an independent plot must have its 650 sqm. That is probably the case with you as well?

Hello ypg - prompted by your post, I just searched through the Lower Saxony Building Code for the 650 sqm minimum size but didn't find any paragraph. I only know that minimum sizes are set in development plans. So maybe 650 sqm could also become a problem in infill developments in the Hanover and Bremen area?

But since I am an even bigger layperson, that might not mean anything ;)

If no answer comes before, I will ask our architect and post the answer here.