Circumvent the municipality's prohibition on transfer

Dear forum,

we are a young family who has been looking for a building plot for a long time. Now we have found a plot and would like to purchase it. The seller acquired this plot from the municipality and contractually agreed that the plot can only be sold with a building (ready for occupancy). The plot is currently undeveloped. The municipality wants to stay out of the matter. In the case of a sale, the municipality would repurchase the plot and assign it to someone on a waiting list. The seller does not want to build on this plot. He wants to sell or lease it to us so that we can build it according to our wishes and by our own efforts. Since a sale without building is not possible, we see only the option of leasing. This is not mentioned in the contract. After the building is completed, the plot should be sold to us. The seller is very flexible in contract design or finding a solution for this situation.

Does anyone have an idea how to bypass the sale restriction? Is there the possibility of a hereditary lease agreement?

Thank you very much!

Leasehold for 99 years? (Private law contract)

Hereditary lease…. And a purchase option with a fixed price, exercisable in the third year. The house should be standing by then. I would go to a lawyer.

I assume that this is an attempt by the municipality to establish a local resident model and to put a stop to land speculation? Then I would only approach the whole thing with a specialist lawyer. Here in the region, in case of violations of the requirements by the buyers, the municipalities immediately resort to legal action.

I assume that this is an attempt by the municipality to establish a local resident model and to put a stop to land speculation? In that case, I would only approach the whole thing with a specialist lawyer. Here in the region, the municipalities immediately take legal action against buyers who violate the requirements.

"The seller acquired this property from the municipality and contractually agreed that the property can only be sold (move-in ready) built on." This sentence excludes your assumption. A specialist lawyer should be able to advise on this.

The seller acquired this property from the municipality and contractually agreed that the property may only be sold if it is developed (ready for occupancy).

Even though we do not provide legal advice here, but only express opinions: it is better to quote the agreement not only in substance but also in the exact wording (preferably also in image form).