Building obligation - Who pays/when?

Hello everyone,

I have just received the notary invoice and noticed that the costs are calculated based on the purchase price, which is €86,130, plus an additional development obligation of 20%, meaning €103,356.

I assumed that I have to pay the purchase price of the land, i.e. €86,130, plus 5% land transfer tax.

Is that correct, or do I have to pay the full €103,356 and then 5% land transfer tax on that amount again?

I hope you can help me, as I am very confused and hope that I do not have to pay the additional €17,226 for the development obligation.

Thank you very much!

Schwarz

Please phrase your question more clearly. The notary neither receives the purchase price nor the building obligation paid. This apparently only serves as a basis for calculating his fee.

Please phrase your question more clearly. The notary neither receives the purchase price nor the building obligation payment. This apparently only serves as a basis for calculating his fee.

Thank you for your answer. Yes, I already knew that, sorry, I am not familiar with these matters at all.

My question is actually quite simple: Do I have to pay the costs of the building obligation, or do these serve as insurance in case I have not built within the next 2 years?

I always assumed, and that’s how I understood it in the discussions, that I only have to pay the €86k plus 5% trade tax. Now I don’t know if an additional 20% cost for the building obligation will be added on top of that.

Thanks!

You know almost nothing about it, but you sign contracts in the nearly six-figure range? Seriously now?

You have to pay for the property what is stated in the purchase contract and adhere to all components (including building obligations).

And you have to pay the "additional costs." So things like the notary, the court, and possibly also the real estate transfer tax on the purchase price.

Again: The value of the transaction to be notarized serves as the BASIS for the notary's fee calculation.

To be honest, it was not me who signed the contract, but my parents. They are a bit older and cannot remember that anywhere it says or mentions the 20% development maintenance obligation costs. These are only listed in the notary's invoice and, as already mentioned, I understood that they only serve as the basis for the notary's invoice.

I looked up some information on the internet for you and as far as I understand, the development obligation only serves as insurance for the city in case my parents do not build within the first 2 years and then have to pay this as a "penalty". However, I could also be completely wrong.

I will call the notary tomorrow and also inquire at the town hall. Thank you for your help!

Then you or your parents should get informed quickly.
Bebauungsverpflichtung für Notar: Grundlage zur Kostenberechnung
Bebauungsverpflichtung für Deine Eltern: depending on the contract design, the property is gone again after two years + penalty payment if no construction takes place