Developer New Build: Buy two apartments and then combine them

"we are buying two apartments from the notary and no house"

I strongly suspect that no one in the complex is buying a house. Everyone, including those with "terraced houses," is probably buying condominium ownership (WEG) with special usage rights to a garden share. Legally, these are then "apartments" over several floors. For reading up, keyword: ideal division vs. real division

But a billing based on residential units (komplett) doesn't really exist anymore, does it? With us, everything is done via MEA.

But a settlement by residential units (complete) doesn’t really exist anymore, does it? With us, everything is done via MEA.

The administration fee of the condominium management is done by residential units for all apartments known to me.

I would double-check that the construction of apartments was not part of the tender and the approval process. Some municipalities insist on the creation of apartments.

We already have that information; nothing seems to stand against it. Ironically, the unit in question was originally even planned as a "single-family house," but apparently could not be sold as quickly as the other units (presumably because it is more expensive than the other units due to its size and location). The developer probably thought it better to make two apartments out of it, which would sell more easily (just our hypothesis) and unfortunately started with this plan in his approval process.

I assume that the complex is divided into condominium ownership (WEG) anyway.

I strongly suspect that no one in the complex buys a house. Everyone, including the "townhouses," probably buys condominium ownership (WEG) with special usage rights to a garden share. Legally, these are then "apartments" over several floors. Keyword for reading: ideal division vs. real division

Correct! It is definitely WEG, which is why there is also a declaration of division, etc. Sorry that I still use the word "house" in my terminology; unfortunately, this is common with terraced houses, townhouses, etc., even though they are usually WEG.

This would mean for you that you receive 2 service charge statements and possibly have to pay charges that are not based on the MEA but per residential unit, i.e., twice (e.g., administrator fees), or this must be regulated in the administrator contract. (I know this from a 3-room condominium that was originally planned as 2 and 1-room condominiums). Also, when tenants change, we always have to remind the administration that the moving fee must not be charged for 2 apartments.

Okay, he suggested that the apartments A and B be merged after purchase and everything updated (including the declaration of division). Then the separate ownership and special usage rights of apartments A and B should be combined into one unit so that this "problem" no longer exists.

Why does the developer want it this way? Quite simply, a new declaration of division costs notary fees—and these are calculated based on the total value of the complex (because the declaration applies to that) and not on the value of the changes (i.e., the 2 apartments).

Or he wants these fees from us, if I understood correctly. However, it would indeed be important to know how much this would cost us if it has to go through the notary. But why he does not want to do it BEFORE the notary appointments is not clear to me. Maybe it simply has to do with his schedule because implementing all the changes now would probably ruin his planned notary appointments for early May (just our hypothesis).

After reading it again, I recognize a possible problem!

For two apartments, the stairwell is common property, but when they are merged, it becomes special property. Therefore, it is not possible to keep the status as 2 apartments that both belong to you.
That is why the BT also wants to have the declaration of division changed afterwards. However, at your expense (!). Have the notary calculate this for you in detail beforehand. This could potentially become quite expensive, since the declaration of division applies to the entire complex.

But why he does not want to do it BEFORE the notary appointments is not clear to me.

Well, you can back out at any time before your signature at the notary appointment. In case of doubt, he would then have differently divided residential units and the costs of the new partition declaration to deal with. For you, the problem with a subsequent change is that you pay for the new partition declaration from taxed income. For BT, it would be operating expenses. Perhaps an arrangement can be found where he covers the cost of the change to the partition declaration and in return you pay him a surcharge on the purchase price for the merger that corresponds to his net costs.