Donation of a plot of land, experiences / process, notary procedure

Good evening,

tomorrow we have an appointment with the notary,
because my parents-in-law want to gift my husband a piece of land.

Now my question: We have no documents stating
that the land is building land. Only an excerpt where
it is referred to as green space.
Can the notary check this in the land register?
Or will he likely base the calculation on the green space?

Does anyone have experience with gifts?

I am grateful for any advice.

The notary will check the land register or cadastre and, if applicable, the land value map to determine what kind of property it is. Whether it is building land or green land/arable land is, for example, documented in the cadastral excerpt. Best regards Dirk Grafe

Great, thank you!

I'm not sure if all the documents are there.
It's a bit confusing since a piece of the land was sold to a neighbor.

Now I'm wiser!

I don't know if the notary is the right institution to determine what is building land and what is not.....

Yes, the notary can find that out. That was the case with us. We had the property gifted to us 3 months before the city's land consolidation procedure began. At that time, the land register stated that it was an orchard meadow. Accordingly, the value was assessed as "low" by the notary.

Meadow/arable land is therefore valued lower than land with development potential, which in turn is valued lower than building land.

If it had already been building land

So if it is to be expected that it will soon become building land and that the price per square meter will be high, it can already be tax-advantageous to gift it now.

In addition, the notary’s fee is also calculated based on the property value and is thus lower.

I don't know if the notary is the right institution to determine what is building land and what is not.....

The notary is not responsible for the determination; this is ultimately done by the expert committees or land-use planning. Changes in the standard land value map can take up to 12 months and also have retroactive effect, since the standard land value map is usually not available on January 1 of a year.

However, the notary has at least 3 different ways to inform themselves about the condition of the property, in addition to their professional experience and information from the contracting parties.

But this is only marginally relevant here, because ultimately the costs are to be kept low. If it is actually grassland, one will hardly pay the price for building land – if it is building (expectation) land and the notary settles on the standard land value price for grassland, no one will probably complain.

Best regards Dirk Grafe