Construction on the "Noch" property of the parents-in-law/Notarial solution?

The selected plot is currently not a building plot, as it is located in an outer area, but we have submitted a preliminary building request and it has been approved. The feedback from the district office is still pending. If it is approved there as well, we want to build there.

The district offices regularly invalidate the positive decisions of the municipalities on preliminary requests.

At our place, the district offices regularly collect the positive decisions of the municipalities regarding preliminary inquiries.

Where we are, you don't get a positive decision for cases like this at all. First, the higher authorities have to give their OK, and this is rather rare in outlying areas. I experienced the whole thing from 2020 to 2023 with my small property. If only the municipality had to decide, the answer would have been positive immediately, but without OK from the district, it just won't work. By a stroke of luck, it suddenly went very fast, because I had already been prepared that the entire process would take about 5 years.

The building authority is not interested in the value. This is initially relevant for the notary (even though they do not determine a value themselves, but rather take the information from their client – they are only supposed to advise and draft a legally secure contract). The tax office then receives the purchase contract, reviews it, and if it shows farmland or similar (this is also evident from the land registry data listed in the contract), no one at the tax office asks about the value anymore, since for such properties a) standard land values and b) experience values are known at the tax office. This runs totally relaxed and smoothly.

You are right. I did not mean "building authority" but "tax office." Thanks also for the additional clarification. We were a bit more cautious with our project and first completed the gift transfer and then clarified the development (or are still in the process :( )

In our area, the district offices regularly collect the positive decisions from the municipalities regarding preliminary inquiries.

There must be reasons for that – for example, a misinterpretation of citizen-friendliness on the part of the municipalities. Municipalities may wish more and more for young families, but the legal framework remains considerable.

In our case, you don’t get a positive decision at all for a case like this. First, the superior authorities have to give their approval, and this is rather rare in outer areas.

The problem is that some approval in the municipal council alone is not enough: a rounding statute is, so to speak, a request to amend the land use plan, which the lower state planning authority still has to approve. The municipality may be as eager as it wants, but if the state level is green, the administration at the district level will behave accordingly.

That is why one has to distinguish here between the municipality’s planning intent and the binding force of the project, to enact a rounding statute and to include the respective area in the scope of the development plan or design statute. Hence my incredulous astonishment.