Circumvent the municipality's prohibition on transfer

2021-10-18 10:10:44

Several notaries have already said that it will become too complicated.

What exactly does that mean? Did the notaries say that it is legally not feasible, or are they "not interested" in a more complex, but feasible contract?

2021-10-18 10:49:42

And you believe that? If there was a solution, the professional seller (with several projects running) would have long since used it. Why should someone, even if it is only in the countryside, first try to get a plot of land only to then sell it "at cost price" with book losses? The delta plus a bit more (loans are cheap if you already have something), and a 120m² simple house stands on it and would be ready to sell.

The question is certainly justified. Why does he want to sell? Building pressure with today’s construction costs is probably not so appealing anymore.

2021-10-18 11:05:29

Forget it. After your presentation to the municipality, they already know that you are looking for a way to get to the building plot. They will be watching the further development with eagle eyes...

The municipality had to be involved anyway. In the end, I don't want to upset anyone or ruin things with the municipality. You always meet twice in life.

2021-10-18 11:07:05

How long has the seller owned the property? Can someone explain what the term built means in the contract? In my opinion, it says nothing about the quality or quantity. I don't see anything about ready for occupancy.

For about 2 years. Ready for occupancy is stated in the contract.

2021-10-18 11:08:06

The question is quite justified. Why does he want to sell? Building obligation with today's construction costs is probably not so appealing anymore.

There are probably private reasons for the sale.

2021-10-18 11:09:44

What exactly does that mean? Did the notaries say that it is legally impossible, or are they just "not interested" in a more complex but feasible contract?

I have now obtained a third and fourth opinion. Two notaries showed me the following possibility: One could agree on a hereditary building right contract with the seller. The municipality only has to agree to a subordination in the land register. After that, we could build on this property.

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Circumvent the municipality's prohibition on transfer

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