Gas heating required in property purchase contract

Thank you very much for the answers!

With gas and the option to switch (I would definitely check THAT) you are better off than those who have such a compulsion for district heating or similar with monopoly prices and minimum purchase obligations, which unfortunately is also permitted.

If you have concerns, then insulate very well and without calculation tricks. Photovoltaics always make sense (still), for heating it is not so relevant.

You can also use a second heat source later, like a heat pump, and decide for yourself how much gas you take and when.

That’s how I see it too. I will ask the notary about the freedom of choice and the duration. I have no fundamental objections to a gas heating system. It’s just a pity that I have to build a chimney then.

I find it somewhat alarming that there is a connection obligation in the gas sector and am not sure if it is possible – at least it must be recorded in the development plan and thus tolerated by the municipality.

There is nothing about that in the development plan or I will take another look at it later. As far as I understand, everyone involved assumed that the municipal utilities would of course lay gas. Then it got serious and they said, “It’s not worth it, we won’t do it.” That now seems to be the result that all buyers get this clause in the contract. I hope this is not officially recorded anywhere.

But I wonder, who is the seller? The city?

The rights from the purchase contract must first be enforced by someone. Unless this obligation is recorded in the land register in favor of the municipal utilities, I wonder how they want to enforce their supposed right?

No, the seller is indirectly a farmer who is cashing in his land and directly a "Bauentwicklungs GmbH". The city has nothing to do with the construction area except for the approval. I will ask the city whether there is or will be a building encumbrance or something recorded in the land register. At the moment it is still farmland; surveying and parceling are currently underway.

We had something like that in the neighboring municipality. There, everyone who had bought a municipally owned plot had to use district heating as the energy source. However, since it was a new development area that also included private plots, these had the free choice. An absolute farce.

It's just a pity that I then have to build a chimney.

Chimney is an exaggeration. You just need an exhaust pipe + fresh air, usually pipe-in-pipe. On the roof, this is hardly more conspicuous than a pipe vent over the roof.

As far as I understood, everyone involved assumed that the municipal utilities would of course lay gas.

That's probably how it was. The Bauentwicklungs GmbH must have placed value on the availability of gas in the area, and the municipal utilities issued a 100% connection rate that gas would be laid. Brazen, indeed, but the market probably allows it at the moment.

You just need an exhaust pipe + fresh air, usually pipe in pipe. On the roof, it's hardly more noticeable than a pipe vent over the roof.

Oh, that is actually new to me! Recently, I had only been dealing with heat pumps until I learned about the gas obligation. I still remembered the huge masonry thing my parents had. Apparently, there are hardly any restrictions today when it comes to design.

That’s probably how it was. The Bauentwicklungs GmbH must have placed value on the availability of gas in the area, and the municipal utilities issued a 100% connection rate, stating that gas would be laid. Bold indeed, but the market apparently allows it at the moment.

That’s exactly how I understood it. I will build with gas and still ask the notary how long such an obligation is legally permissible and what sanctions to expect if I cancel at some point. Deadlines and penalties are specified regarding the construction obligation and conversion to a multi-family house/two residential units. Not so regarding the gas clause. There is apparently no official connection obligation. That would surely have had to be stipulated in the development plan.

Well. Pacta sunt servanda. You do sign it. That is just as binding as the purchase price. Otherwise, I as the gas supplier would come to you with a hefty damage compensation bill. Then the trouble starts, and your cards wouldn’t be the best. Take gas, and enjoy a warm place at low costs. Air-water heat pumps are much more sensitive....more for those millimeter men with slope, embankment, heating curve yada yada, the charcoal grillers and full-beat listeners choose gas. Unfortunately, charcoal heaters no longer exist.

Otherwise, I would come to you as the gas supplier with a hefty compensation bill

However, the supplier does not sign the contract. That means if clauses are violated, only the seller can make claims. But their interest in that is close to zero.