Development costs §127 Building Code

Hello everyone!

The notary contract states:

Development according to §127 Building Code paragraph 2 is included in the purchase price, not included are
"
- Facilities for the supply of electricity, gas, heat and water within the meaning of §127 paragraph 4 Building Code as well as for
- the house connections regarding these media and
- the sewer connection line to be laid within the sold property
"
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**§ 127 Collection of the development contribution

(1) The municipalities collect a development contribution to cover their otherwise uncovered expenses for development facilities in accordance with the following provisions.

(2) Development facilities within the meaning of this section are

1. the public streets, paths and squares intended for extension;
2. the public traffic facilities within the building areas that cannot be used by motor vehicles for legal or factual reasons (e.g. footpaths, residential paths);
3. collector roads within the building areas; collector roads are public streets, paths and squares that are not themselves intended for extension but are necessary for the development of the building areas;
4. parking areas and green spaces with the exception of playgrounds, insofar as they are part of the traffic facilities mentioned in numbers 1 to 3 or are necessary for their development within the building areas according to urban planning principles;
5. facilities for the protection of building areas against harmful environmental impacts within the meaning of the Federal Immission Control Act, even if they are not part of the development facilities.
(3) The development contribution can be collected independently for the land purchase, the clearing and for parts of the development facilities themselves (cost splitting).

(4) The right to collect charges for facilities that are not development facilities within the meaning of this section remains unaffected. This applies in particular to facilities for the discharge of wastewater as well as for the supply of electricity, gas, heat and water.

**Source: dejure.org
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The seller claims that this clearly means one only has to pay the development costs for the lines from the property boundary to the house connection.

Is that correct?

What about the development costs for laying the electricity, gas and water lines along the street?

Best regards

Peter Nolden

In paragraph 4 it states that the external development for utilities (gas, water, electricity, sewage) can be billed separately. According to your notary contract, it also explicitly states that these costs must be paid additionally by you. The purchase price therefore only includes compensation areas, paths, and roads. The rest is yet to come,... From my point of view, the seller is wrong!

Further, the notarial deed states:

"The purchase price does not include, in particular, the costs for
- systems for the supply of electricity, gas, heat, and water within the meaning of § 127 para. 4 of the Building Code as well as for
- the house connections related to these utilities and
- the sewer connection line to be laid within the sold property."

According to the seller's information, this would only refer to the development costs for the lines from the property boundary to the house connection.

Shortly before the notarized contract, I received an invoice of about €17,000 for the street, street lighting, and sewer. The seller did not want to cover this. However, I said that I would not sign the notarized contract then.

The notary then included a clause stating that all development costs related to the initial development of the property are to be borne by the seller. This way, I was on the safe side, and the seller paid the invoice.

Hello Peter,

I replaced the link with the text + source reference; that makes it clearer

The notary contract states:

Development according to §127 Building Code paragraph 2 is included in the purchase price, not included are
"
- systems for the supply of electricity, gas, heat and water within the meaning of §127 paragraph 4 Building Code as well as for
- the house connections regarding these media and
- the sewer connection line to be laid within the sold property
"

The seller claims that this means one only has to pay the development costs for the lines from the property boundary to the house connection.

Is that correct?

No; the seller is mistaken - see sections 3 + 4

What about the development costs for laying the electricity, gas, and water lines along the street?

That again results from sections 3 + 4; meaning, these costs may still come up additionally for you.

Rhenish regards

The notary says about this: "The costs of the initial development for the laying of the electricity, gas, and water lines on or along the road are borne by the buyers, whereby these are included in the purchase price; however, additional costs may still be incurred that are not yet included in the purchase price."