Extending building land around garden land - Effects on building envelope

I have attached a sketch.

We may have different understandings regarding "Baufenster ist Baufenster". I have always understood Baufenster as x - 6 while maintaining the lateral setback areas to the neighbors. On the submitted plan, these so-called building boundaries are marked (dash-dot lines). These extend across the entire width of the property. If this is indeed the Baufenster, then my line of thought should be correct. The previous planning is shown in gray with a forced 3-meter distance to the left toward the garden land. In blue is the planning variant in case the garden also belonged to us. So we do not want to go beyond the "building boundaries," it simply concerns not having to observe the 3-meter distance to the boundary.

I probably just have a wrong understanding of Baufenster.

Thank you for the drawing.
Accordingly, you remain within the building window.

What exactly is on the other side of the garden land? How has the current owner used it?
You write that the purchase price would be unreasonable for the piece of garden. Is there possibly a new land use plan that designates this piece as building land?
Is a change to the development plan planned?
That might possibly explain the price.

In any case, inquire about this before the purchase and clarify by means of a preliminary building inquiry whether you are allowed to build as you have drawn in blue.
You do not necessarily have to be the owner of the property to submit a preliminary building inquiry. It only clarifies whether and how.
Usually submitted in triplicate and informally to the responsible building authority under the designation of the house type, number of floors, and whether KFW.... Also, a proper drawing of the placement including the connections.

Advisable, saves nerves during the later building application—the approval then usually does not take long.

I have to intervene here:

It’s not that simple after all.

Why not? My professional colleagues and I provide this service every day, and whether it is possible in this case or not can be clarified quickly with little effort by an appropriate specialist planner (see below).

3. Registering a building encumbrance could indeed be done, but it doesn’t help if the building you want is not approved.

A building encumbrance is basically tied to the building project – without an approved building, you don’t get the corresponding/necessary registration of the building encumbrance. So the sentence only makes sense the other way around: only if the building project is approvable with the respective building encumbrances will you get the building encumbrance registration(s).

4. The municipality can tax the garden land as building land in the future, since you want to add it to your parcel.

Whether a parcel is considered/taxed as building land or anticipated building land is determined by the appraisal committee, not the municipality.

This would result in the development plan being amended.

This is not necessarily required and therefore quite unlikely. If the garden parcel is assessed as building land in the future, it simply lies in the outer area with the regulations applicable there.

:

Although your plan remains within the building window, you inevitably need the distance area building encumbrance on the neighboring property or you must (partly) purchase the garden land. The neighbor’s price is proportional to how much it is worth to you to build exactly as you want. Your property can basically be built on without the neighbor’s involvement, so you only have to ask yourself how much the fun is worth to you. Presumably, the neighbor will price the entire area as building land – that’s nonsense. With a house depth of 10 m, you need a distance area building encumbrance of 30 m². I would therefore, for example, buy 50 m² from the neighbor at the building land price and the rest at the garden land price. If he wants significantly more and refuses to budge, the matter would be closed for me.

It’s a different matter if it is already anticipated building land, so one can reckon (or speculate) that it will become building land. Then you can include a clause in the purchase contract that the neighbor benefits (partly) from a later increase in standard land value. But that cannot be clarified based on your information.

Best regards
Dirk Grafe

Thank you for your answers.

The last change to the development plan was decades ago, I believe over 40 years. Our building plot is the last still free one. The neighboring piece is definitely not building land and will not become so anymore. I would claim that the development plan will never be changed again.

My main motivation is even to get the piece of garden to ensure peace around the house, and in a second step then to play through this planning variant. Maybe I wouldn't even do it that way if the purchase should work out.

Best regards

You might be able to get the seller to budge if you play with open cards. For example, offer him 1.5 or 2 times the [garden land value] for the land, with the note that you can then build differently. As it stands, the seller has only one customer - namely you - and not much time. If he waits too long, you will simply submit your building application differently, and that will end the opportunity for him to sell the land above the [garden land price], because you will no longer be able to gain added value from the purchase.

If he understands that, it can work out.

Best regards
Dirk Grafe

In RLP there is no appraisal committee. This may be different in NW. With us, the technical and main committees make the decision. These consist of council members and politically interested citizens who represent the community. Therefore, I find the preliminary building inquiry important. It clarifies how the house may be built before the matter really gets expensive. This also includes the placement on the property. Even the dearest builder cannot build if it does not suit the building authority and the committees!