Building inquiry for undivided land before purchasing the property

Hello everyone,

we have been waiting for years for the opportunity to buy a building plot, and a few days ago we were offered one. We would like to act quickly because we really like it a lot. However, we are already facing the first problem……..
The plot is located in the town center of a village with 2,500 inhabitants. It is a partial area (approx. 762 square meters) of a parcel (total approx. 1446 square meters). The plot has not yet been divided/measured.

The lower building authority explained to me that the plot is in the area of a einfachen Bebauungsplanes - not a qualified development plan - in a mixed-use area. If I understood correctly, whenever a simple development plan exists, it must always be carefully checked whether a plot can be built on in a certain way or not, because it does not contain comprehensive regulations. The development plan valid for us contains many specifications for a simple development plan, which we would probably comply with in the first telephone discussion, but – if I understood correctly – the buildable areas (building windows) and the building line are not defined. In this case, the permit generally refers to the neighboring buildings in the inner area and is, to some extent, a matter of interpretation by the permitting authority, and there will also be a draft resolution submitted for voting to the municipal council. So that we do not buy a plot on which we are not allowed to build our “dream house” in our “dream location,” we were advised to submit a building inquiry. According to the gentleman from the building authority, this is only possible/sensible if the exact square meters have been determined and a site plan and sketches of the desired construction project are already available. In our case, this would mean that the plot division would have to be carried out before the purchase, then the building inquiry would have to be submitted, and only then could the purchase contract be concluded at all. Since, as buyers, we have to bear at least a share – if not even the total costs – of the plot division, of course, the sequence: first building inquiry and then purchase contract for a plot to be surveyed would be much more preferable for us.

We also considered whether a purchase contract with a suspensive condition (building permit) might be an option. Only then would the owners have a divided parcel in the event of non-approval but, in the worst case, no more interested parties.
I would really appreciate your feedback on my case. Maybe you have ideas, and there is a way to conclude the purchase contract for the plot to be surveyed promptly without the risk that we will not be granted a building permit for our “dream house” in our “dream location” on the partial plot.

Thank you very much and best regards from beautiful Schleswig-Holstein
Vivien

Hello Vivien male 29, I am just wondering how gigantic a dream house must be (or how restrictive the size and/or location of the building plot is) that it should not fit on 762 sqm of building land. Accordingly, I find it hard to understand fears that the dream house might possibly not fit on the property. We are used to much tougher conditions here.

Only then would the owners have a divided plot in case of non-approval, but in the worst case no more interested parties.

For 1446 sqm of building land, I see on average even four interested parties in the forum (assuming roughly equal-sized shares).

on which we are not allowed to build our "dream house" in our "dream location,"

With a building permit (BG) according to § 34, it must "fit into the character of the immediate surroundings." So if the neighboring buildings follow a fictitious building line, you should orient yourselves accordingly. (Maybe you have the opportunity to show us an aerial photo and a cadastral excerpt with the development plan for better assessment. Then immediately mark the location of your planned project.) An exemption is at the discretion of the lower building authority. To what extent the authority and also the municipality (which must approve) are open to this. The building authority can override the municipality. However, there must already be a reason why you are entitled to the exemption. All not so easy. Much depends on the discretion of the authority.

According to the gentleman from the building supervision, this is only possible/sensible if the exact square meters have been determined and location plans and sketches of the desired construction project are already available.

This is not quite correct. To submit a preliminary building inquiry, very good sketches are sufficient. In addition, it should not be a problem to have an "official" location plan created by a surveyor. You agree with the owner on how much land you want to buy, and the surveyor then measures it out and makes a location plan. The planned building plot is shown in this. The land does not even have to be in your ownership yet to receive a BG, let alone a response to a preliminary building inquiry. The plans/sketches must be informative enough to answer your very specific question.

P.S. I have not now read into the building regulations of S-H. If something is different here than in BaWü, I ask for correction.