Acquisition of land with construction obligation

Hello,

we are about to purchase a plot of land in a new development area on which a building obligation exists. This obligation expired back in 2014, but so far it has not affected the current owners. The municipality has refrained from exercising its repurchase right and from imposing a penalty payment.
The municipality verbally explained to me on the phone that we, as new owners, would also have nothing to fear. We are to inform them when the shell with the roof is in place, then the municipality would have the building obligation removed from the land register. Unfortunately, we have not received this in writing.
Our notary has also contacted the municipality to obtain an extension of the deadline for us. So far, this has not worked out or there is no agreement yet. I also want to call the municipality again on Monday to ask them to grant us a written extension that we can also include in the notary contract.
Does anyone know how this is handled legally? Does the building obligation simply transfer to us without an extension, is that legal? What can we do here?

Thank you in advance.

Best regards,
Jessica

Wait for the written response of the rights holder to the notary. Everything else makes no sense. Basically, all rights remain in the land register unless one can convince the rights holder (for whatever reason) to delete their right. However, the municipality apparently does want this property to be developed.

If you buy a building plot from a private person, is there then automatically a building obligation recorded in the land register? Or can the municipality also force you to build without this entry (or simply buy the plot or expropriate the buyer).

What if there is already a house on the plot - but the buyer no longer wants to use it because it is dilapidated.

As far as I know, the municipality can require that a construction obligation be contractually agreed upon. At least, that was the case with my sister.

How should the building violation theoretically be sanctioned? If a very high fine is threatened there, I would not take that risk.

I believe the notary already has the right approach; the deadline should be adjusted so that it is realistically feasible for you.

I think the municipality hesitates because they have now noticed that there is still some money to be collected from the original owner. Therefore, they do not want to extend anything now, which would immediately relieve the old owner.

This happens when you bump an ancient thread just because the topic somehow fits the headline. I don’t know if a moderator can fix this again, in any case it would have been better to start a new thread.

On the topic:
In private sales there is normally no building obligation.

Or can the municipality force you to build even without this entry (or buy the property or expropriate the buyer).

Yes, they can. §176 Building Code: Building Obligation. Since the expropriation process is very complicated and lengthy, it hardly ever happens in practice. Effort and benefit do not stand in any relation for single plots. Such a thing only pays off if you want to mine brown coal and expropriate entire villages.

What if there is already a house on the property, but the buyer no longer wants to use it because it is dilapidated.

Ditto

As far as I know, the municipality can require that a building obligation be contractually agreed upon.

In my opinion, this is only conceivable if the municipality has a right of first refusal and makes the building obligation a condition for waiving the right of first refusal.