Duration and risks in land subdivision?

Hello,
we would like to buy a plot of land (building land) from a private seller in Thuringia. The plot is relatively large, which is why we only want to buy a partial area. Consequently, a new survey or partial survey must be carried out.
The seller now wants to bring "his" notary and surveyor into play. The notary is also located in another federal state. The seller would take care of the new surveying and also cover the costs for it.
Now we have heard (just heard) that the surveyor does not enjoy the best reputation and that the processing times at the cadastral office and land registry office vary greatly or can be very long. How long does such a complete process (purchase, partial survey, land register entry) usually take on average???
If the seller also controls the surveying process, we hardly have any influence on the speed for applications, appointments, payment of invoices, etc.. ??? Well, on the one hand, we save costs; on the other hand, we do not want to wait forever and want to start construction promptly.
What other points should be considered when dividing (the land)?

Hello daytona,

the surveying process is the same regardless of the applicant, because the owner of the property is the current owner and they must agree to the subdivision. Whether they cover the costs or you do does not affect this, but you have full cost control if you commission it yourselves. In principle, the buyers are invited to the boundary appointment or the new parcel layout is coordinated with all parties involved.

Processing times at the responsible cadastral office, the commissioned publicly appointed surveyor, and the land registry office can vary greatly depending on location; a minimum of 4 weeks should be expected (absolute best case), realistically 2-3 months, and longer if special circumstances occur (e.g. errors in the cadastre that must be corrected first).

Basically, however, the surveying costs are included in your purchase price, so you should not expect to get anything for free.

Best regards
Dirk Grafe

Hello Dirk,

I would like to join in here because recently I was asked a question which I – despite many years in the job – could not truthfully answer.

Whenever a surveyor was needed for construction matters in the past, a publicly appointed surveyor was commissioned; whether the client found him themselves or we recommended him. Last week, one of my clients asked me whether only a publicly appointed surveyor is allowed to prepare the preliminary site plan etc., or if also a regular engineering office may do so; that is, not a publicly appointed surveyor.

Background – as always, the money; in this case the supposedly, deviating from the regulation, freely negotiable fee. The construction site is Solingen, i.e. NRW.

And now here I stand and hope you can enlighten me

Many thanks & Rhenish greetings

Hello construction expert,

basically, anyone can obtain the required data and this is often done by architects. As long as the result does not have to be an official site plan, it is theoretically possible without a publicly appointed surveyor; a publicly appointed surveyor is usually only mandatory for building surveying.

It gets funny, however, when things like cadastral errors and/or map errors arise, because the map that you can usually download online is by no means error-free. This is also stated everywhere in the terms of use.

So you not only have to be able to press the button and download/order some data, but also be capable of correctly interpreting, evaluating, and appropriately preparing it, possibly through local remeasurement. Or you as the planner yourself are responsible for ensuring that it fits. Especially in construction projects with boundary reference or full utilization of the property, you should know what you are doing.

The decisive factor is whether the corresponding experience is present. In case of doubt, you should ask to see the insurance confirmation – the minimum standard for publicly appointed surveyors is, if I recall correctly, insurance amounts of €2.5 million (or even €3 million!?) for property damage, threefold per year.

HOAI services are also freely negotiable with a publicly appointed surveyor, i.e., everything that does not have to be billed according to [VermWertGebT NRW]. Surveying services within the scope of the HOAI are considered consulting services, hence a non-binding part of the HOAI.

Best regards Dirk Grafe

Thank you Dirk, you have helped me a lot and made me - once again - a little bit smarter

Rhenish greetings