Draft purchase agreement for undeveloped land

PS: A soil survey is only the tip of the iceberg, there are still many things to consider, e.g. [Baulast], [Dienstbarkeit] etc.

You should not only inquire about the size of the property before purchasing but also clarify whether the land is buildable and what needs to be considered for the foundation in case of a possible house construction. Additionally, there should be a building envelope on this property within which you are allowed to erect the house. Is it building land or land with development potential? What exactly does the zoning plan say?

No, the plot has not yet been surveyed. What I have here is

1. development plan
2. justification
3. site plan
4. draft purchase agreement

The purchase agreement states that it is undeveloped farmland. The plot is a building site that is not serviced. The land readjustment has not yet been completed in the land register; it is submitted to the land registry office for execution.

The small new development consists of about 30 building plots and is supposed to have a street (cul-de-sac) running through the area. About half of the plots belong to the municipality. According to the responsible caseworker, development work should begin this year and the municipal plots will also start to be sold.

How long it will take in the end, no one knows. I don’t want to rely on work starting this year either. But we are not in a hurry. The only important thing is to have a plot at all.

Whether it is building land or anticipated building land, I do not know. I would say it is building land since the development plan was justified and the servicing (according to information from the municipality) has been tendered or commissioned to a company.

Just out of curiosity, since we are also looking in the area and your property is already reserved, could you please tell me where the building plots are located? If you don't want to write it publicly, feel free to send me a PM, thanks.

Hello McEgg,

the size can basically deviate up to 10% from the purchase contract without the contract becoming void. This is financially compensated by agreeing on a price per square meter and balancing excess or deficit areas according to the actual cadastral area that results from surveying.

Basically, a flat rate can also be agreed upon, but I do not consider this sensible here.

The approved reallocation plan includes a list of all individual areas with size and value, and before a reallocation, the complete boundary lines must be measured/checked to ensure how much area is actually to be distributed. Deviations between cadastral and land register areas are therefore resolved beforehand.

You can express your interest in the property; however, you can only buy once the approved reallocation plan is available. When it is available, you will look closely at how it looks for your property. Deviations between this plan and the actual property size should then only occur to a very small extent.

Best regards
Dirk Grafe

It was similar for us. However, an approximate site plan was already established beforehand, based on which we selected our plot. The entire construction area still had to be surveyed and several plots had to be merged into one overall plot. Parallel to this, buildings were demolished, the area was developed, the plots were filled, and then the individual plots were surveyed. Only after that could the soil report be done, while the notarized contract was about 6 months earlier.

There were small deviations due to the widening of the road compared to the planned street, so that our plot became about 15m² smaller than planned. This then had to be notarized again for us.

It was somewhat more problematic for those who had to finance the plot, since the land charge had to be registered on the entire plot first and then only after division was allocated to the individual plots. (Purchase price payment was before division)