Developer or General Contractor: Is the Real Estate Agent and Developer Regulation valid?

Hello everyone,

a nice semi-detached house (with land) was advertised by a developer from our nearby area and after some discussions we have now decided on it. There is already a notary appointment. However, we are now unsure what kind of contract constellation this ultimately is. Actually, we always assumed it was a developer.

At the notary, a contract is now signed together in one deed for the purchase of land with a third party (private individuals) and the work contract with the developer. It was always clear to us that we have to pay property transfer tax on both the purchase and work contracts. Is this formally a developer contract, or are we dealing with a general contractor here and losing all protection of the Makler- und Bauträgerverordnung? We will probably formally be the builders ourselves. Is the Makler- und Bauträgerverordnung still valid?

What do you think?
Thanks!

No broker and developer regulation. You buy a plot of land yourself and build yourself with a general contractor / developer = purchase house including plot

No broker and developer regulation. You buy a plot of land yourself and build yourself with a general contractor / developer = purchase house including land

Sure? A contract for work would not be notarized by the notary.

Otherwise, a payment schedule in accordance with [Makler- und Bauträgerverordnung] would also have to be included in the contract. §3 [Makler- und Bauträgerverordnung]

These are exactly the points why we are somewhat unsettled. The construction contract will also be notarized. The managing director of our developer also signs the joint deed. The payment plan set out in the contract roughly corresponds to the contents of the [Makler- und Bauträgerverordnung]. After completion of the roof structure, we have to pay a total of 50% of the house price in individual installments. The plot of land must be paid for early regardless, but it then becomes ours immediately. That we do not have a hidden developer model here has already been settled by the notarization and unfortunately also by the high real estate transfer tax. We have clarified the issue of construction ground risk through an addition in the contract. What disadvantages arise for us in the present constellation or is it even an advantage if the plot already belongs to us at the beginning? As mentioned, payment is made according to the construction phase and is based on the [Makler- und Bauträgerverordnung].

The payment schedule stipulated in the contract roughly corresponds to the contents of the broker and property developer ordinance. After completion of the roof structure, we have to pay a total of 50% of the house price (in installments). The land must be paid for early regardless, but then it is ours immediately.

Then it is also not a payment schedule according to the broker and property developer ordinance! and it does not apply to you either. "Normal" construction with a general contractor.