Jasmin&Stefan
2022-03-03 12:23:42
- #1
Hello everyone,
we are new here and hope to get help with the following problem.
A brief introduction:
We are a young married couple (30/27 years old) and would like to realize our own home next year, then with a child.
Circumstances:
The attached picture visualizes the intended construction situation.
The area on the right in blue is supposed to represent the main house, and the narrower garage extension would be on the left.
The parcel 3423 already belongs to the family.
The parcels 3423/2 and 3422 would be purchased.
Historically, there was an exchange of various parcels with the church,
in which parcel 3423 was acquired and due to the view of the church,
a building prohibition was registered in the land register.
We have already contacted the church, and they "in principle agree to a development."
However, a payment would have to be made because the areas were exchanged as purely agricultural land back then,
so we would need to "show understanding" in this regard.
We have now abandoned our original plan to build solely on parcel 3423 and would like
to purchase the mentioned areas from the municipality. However, we would still like to build the garage,
as shown in the attached picture, on the property with the registered building prohibition.
The church would be willing to have the building prohibition removed from the land register by means of a cancellation request.
According to a phone call, the amount for the payment would then be based on the land value and the buildable area.
Since the property is over 800m², that would be a huge amount of money.
As can be seen in the picture, the property is only between 5.5 and 12.5 m wide – less suitable to badly suitable for conventional construction. Moreover, it is subject to a strong slope.
Are there any ideas on how to proceed with the church to avoid a payment altogether?
Or are there any known precedents?
We have also considered simply submitting the building application, but at the latest at the notary appointment,
it would be noticed that an easement (building prohibition) is registered.
Many thanks to all experts in advance :)

we are new here and hope to get help with the following problem.
A brief introduction:
We are a young married couple (30/27 years old) and would like to realize our own home next year, then with a child.
Circumstances:
The attached picture visualizes the intended construction situation.
The area on the right in blue is supposed to represent the main house, and the narrower garage extension would be on the left.
The parcel 3423 already belongs to the family.
The parcels 3423/2 and 3422 would be purchased.
Historically, there was an exchange of various parcels with the church,
in which parcel 3423 was acquired and due to the view of the church,
a building prohibition was registered in the land register.
We have already contacted the church, and they "in principle agree to a development."
However, a payment would have to be made because the areas were exchanged as purely agricultural land back then,
so we would need to "show understanding" in this regard.
We have now abandoned our original plan to build solely on parcel 3423 and would like
to purchase the mentioned areas from the municipality. However, we would still like to build the garage,
as shown in the attached picture, on the property with the registered building prohibition.
The church would be willing to have the building prohibition removed from the land register by means of a cancellation request.
According to a phone call, the amount for the payment would then be based on the land value and the buildable area.
Since the property is over 800m², that would be a huge amount of money.
As can be seen in the picture, the property is only between 5.5 and 12.5 m wide – less suitable to badly suitable for conventional construction. Moreover, it is subject to a strong slope.
Are there any ideas on how to proceed with the church to avoid a payment altogether?
Or are there any known precedents?
We have also considered simply submitting the building application, but at the latest at the notary appointment,
it would be noticed that an easement (building prohibition) is registered.
Many thanks to all experts in advance :)