Heritable Building Right: Should a notification for remodeling/renovation be registered with the lessor?

  • Erstellt am 2014-07-10 09:31:10

nordanney

2014-07-11 13:46:45
  • #1

Nothing more can be stated in the land register than in the heritable building right contract.

So: Get started with the work!

With a heritable building right, you are practically only renting the land for a limited time. If a house is on it, of course it must be paid for ==> However, at the end of the heritable building right, there is compensation from the grantor of the heritable building right, as the house is inseparably connected to the land. So if nothing else is stated in the contract, nothing is preventing you from carrying out renovation or conversion.
 

Mattes82

2014-07-11 14:15:17
  • #2
Just don’t know if you would go to a lawyer with it again? The contract says nothing about modifications. There are only regulations regarding insurance and that the property must be maintained. Only one point stood out to me. It just says that a single-family house with a garage may be built. Assuming I now want to build a second garage within the framework of the building regulations: wouldn’t that be possible? Or could the ground leaseholder refuse?
 

nordanney

2014-07-11 14:36:30
  • #3
If you want to deviate from the specifications of the leasehold contract (= second garage), then first ask the leasehold grantor. I have just also looked up the leasehold ordinance again, there is nothing about this case (= additional buildings).
 

Mattes82

2014-07-11 14:46:39
  • #4
maybe I'll just ask for approval to be on the safe side. then I am on the safe side. thanks for looking up the [VO]
 

ypg

2014-07-11 21:21:41
  • #5
We ourselves have a leasehold property with a design framework. What is not included in the contract does not have to be done. It's that simple. However, you are contradicting this contract with a second garage. The second garage must be approved by the building authority anyway – normally they also have the contracts since they are an addition to the development plan and part of the purchase agreement. Nevertheless, they are not as irrevocable as the development plan itself, so they have no legal standing. One usually complies. Why don't you contact the owner of the property before the building application, describe the construction project, and set a deadline? If there is no rejection within the deadline, the building application will be submitted. Of course, you can also spend weeks puzzling around.
 

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