Escroda
2018-02-13 08:28:08
- #1
Would it be possible to circumvent this according to your knowledge by officially merging the two plots?
If there are no clauses in the purchase contract, the OP probably has nothing to fear. Although intervention by the authorities would be possible under §176 Baugesetzbuch, which depending on the house placement would not necessarily be prevented by a plot merger, it is practically almost never applied due to the significant interference with property rights. Instead, clauses are common in the sense of: If you do not build in accordance with the development plan within one year, the purchase contract will be reverted.
Or doesn’t the merging have to take place anyway in order to combine the total area of both plots for the purposes of floor area ratio and plot ratio?
Floor area ratio and plot ratio are quite generously set at 0.4 and 0.8. I haven’t added up the m² now, but it obviously won’t be tight. In the case of realization of plan #15, a merger would be advisable due to boundary encroachment, but it could also be solved by an easement.
In #36 the option of later plot division was mentioned. With clever placement today, one could avoid that in the future.