Contract clause for subsequent purchase price adjustment in the new development area

By the way, as far as I remember, it is also the case that you cannot sell the meadow within < 10 years without paying this due tax. That means, if you want to sell it again earlier because you cannot afford this "quasi-back payment," a very expensive amount, namely this tax, will be due anyway.

You only pay tax on the difference between the purchase and sale price.

And if you sell the meadow at the pure meadow price (without speculation surcharge) to your brother or similar, you can easily reduce this difference to zero.

Furthermore: Speculation tax is also payable on undeveloped land even after more than 10 years, so unlimited!

One should rather think about which municipality would have an interest in converting garden land into building land if its owners predominantly signal that they do not want to sell anyway.

That is nonsense. As the name municipality already suggests, the municipality is not an accomplice in profiteering for private individuals. The elevation of land to the noble rank of building land is therefore not done by a municipality because and if farmers want to sell off their fields. Dear political laypeople, just google public services and state development plans. The actions of the public administration are prescribed and demand-driven, and the wheels grind slowly. Selling price wishes of landowners who already own it and building land wishes of those who want to become owners both do not matter more than the proverbial sack of rice in China! Building plots are designated today where the demand was determined ten years ago or more. Back then, no one knew about today’s level of construction interest rates, or that the imagined necessity to build would become a popular sport! What happens a bit faster – see the Hofreiter discussion – is how the demand is met: the current trend clearly goes towards densification rather than new designation. That means new zoning areas for building land practically only arise* where the building plots designated forty years ago do not have block cores suitable for building in the second row. *) in this sense, each district (in terms of each cadastral area with a separate municipal key) is considered separately The designation of building land is nowhere a wish concert!

Why do you refer to my post if you do not want to address the statements made in it at all? At least I do not see any connection, just the usual monologue, and certainly no reason why my statement should be nonsense

Completely confused!

Hello everyone, the thread has really picked up speed and with all your comments and questions it's almost hard to keep up. :D Nevertheless, as the OP I want to try to address a few questions or uncertainties.

Does this obligation have to be passed on in a resale? Or does it only apply to you as the buyer?

How would that then work? Would the future buyer have to pay the difference to the investor based on the OP's purchase price, even if they actually already paid a higher price to the OP?

Yes, the obligation must also be passed on upon sale.

I believe the situation will definitely become complicated in a resale. Basically, the last buyer is obliged to pay the difference. How this looks in detail and who might then have to bear the payments proportionally, etc. I can't say yet, because we only received the preliminary contract just before the weekend and this point is certainly still open for discussion with the notary and/or seller. ;)

Yes, exactly, after own use. But now it depends on whether there is a separate purchase contract for the plot or not.

Dear OP, please write to us what exactly kind of plot this is. Or are there two? It also has to be big enough so that the 40% meadow is enough for its own plot? So can the 40% just be separated and sold?

It is one plot (parcel) of 850 sqm, in which a partial area is classified as garden land. Accordingly, there is only one purchase contract. We want to use the whole thing ourselves and only want to sell out of necessity, because this partial area actually makes up the majority of our garden. Whether we can simply separate and sell it at the moment, I actually do not know yet. I would guess that a go/no-go could still change if it actually becomes building land.

What kind of price increase are we talking about if the garden plot would now become building land? Is it 10-20 or 567k?

At the moment it would be about €40,000, with a tendency to rise of course if you look at the last years of the BRP. However, such an amount is not something I just have lying around here or that would easily disappear in the total costs for house and land.

Show the cadastral extract and the exact clause in the [Vertragsentwurf].