House purchase: Terrace missing in the land register

Hello everyone,

we bought a house in 2020, built in 2015. Now I had to realize that the existing terrace is not recorded in the development plan as it is. In 2017, the terrace was extended by about 2m up to the neighbor's property boundary. It was also roofed.

I spoke with the seller, they said they had verbally agreed and confirmed this back then with the previous neighbor. Meanwhile, someone else lives in the neighboring house. They were aware at the time that the terrace extension was not "legal" like that.

At the moment, we get along very well with the new neighbor, the terrace has never been an issue. Still, the topic concerns me and I would like to know your opinion:

- Would you take any action?
- Is the seller liable in case of a dismantling?
- Would you try to have it recorded in the land register afterwards? (After agreement with the neighbor)
- Or just not make a fuss?

Best regards from Böblingen

Carl

that the existing terrace is not recorded in the development plan as it is.

It doesn’t have to be. The development plan is much older than the house and it does not show any buildings or terraces. Maybe you mean the site plan?

Would you try to have it subsequently recorded in the land register?

The land register doesn’t care about that either.

Would you take any action?

No, not because of the terrace.

Is the seller liable in case of a dismantling?

Why? You are the one liable now?!

Or just not make a fuss?

That’s right. That’s about the terrace. There are no photos, plans or measurements here regarding the roof.

Thank you very much for your reply!

It doesn’t have to be. The development plan is much older than the house and does not show buildings or terraces.
Maybe you mean the site plan?

Yes, sorry. I mean the site plan.

The land register doesn’t care about that either.

I thought such changes can be recorded in the land register to have legal certainty (after agreement with the neighbor).

No, not because of the terrace.
why? You are the one liable now?!

The seller knowingly concealed that the terrace including the roof is not lawful.
Isn’t that a legal defect?

The seller knowingly concealed that the terrace including the roofing is not lawful.
Isn't that therefore a legal defect?

That applies to the buyer as well, to question or possibly verify it.
It is not a hidden defect like damage that is concealed or hidden.
A roofing is obvious.

You were aware at the time that the extension of the terrace was not "legal" that way.

Then you were also aware of it when you bought it.

Pink = Original terrace, 6m wide, 2m deep. Distance to the boundary = 2.5 meters. Green = Terrace extension, then also completely covered with a pergola. Now 6m x 4.5m, adjacent to the neighbor.

If I were you, I would simply keep quiet. You will certainly not get approval for a covered terrace up to the property boundary, and if it becomes known, a dismantling will be demanded. But where there is no plaintiff, there is no judge.