I want to buy an old factory

  • Erstellt am 2015-07-21 17:43:03

QlriPower

2015-07-21 17:43:03
  • #1
Hello,

I am new here because I have a complex concern and would like to get some advice.
A brief background: I am into classic cars, otherwise a first-class do-it-yourselfer, I once trained as an electronics technician, but now I work in quality management and need something with a lot of space.
I came across this commercial property:
Just over 1000m² of floor space, an old residential house, about 100 years old, solid construction, but has been maintained repeatedly. It was converted into an office at some point. Next to it, about 60 years ago, two small halls were added, which together have about 300m², and above one of the halls there is a large open-plan office. Living space would be about 350m² in total. Altogether, the building has over 1000m² of space plus 2 double garages with storage sheds above them and more.
The location is also very good for me, so all in all and due to the possibilities, it is almost perfect!

But there are drawbacks: it is insanely large, as will be the heating costs. The energy refurbishment could run into six figures. New windows also need to be installed. The plan here is to wait the first year and see what the bottom line really is. The heating is oil, by the way.
And then decide how to proceed. Insulation of the attic is planned immediately because there is none at the moment.

What still needs to be done: one of the toilets must be converted into a bathroom and one of the offices must become a kitchen.
Oh yes, since it is currently used commercially: a change of use to partial residential should not be a problem, as there are residential houses all around. The halls are currently leased to commercial enterprises.

I have already viewed the property with an expert, his valuation came to €155,000. The seller wants €200,000. The plot is in the "unplanned inner area," where residential space is calculated at €180 and commercial at €50 per m². So the expert calculated 1/3 commercial to arrive at this price. If everything were calculated as residential space, the plot would be worth €183,000. According to the expert, the buildings on it are worth almost nothing because it is difficult to find a buyer who is looking for such a thing. No one wants to take on such a huge apartment with the need for refurbishment, and proper commercial use is also not possible downstairs since it is now in the middle of a residential area.
So this would have to be argued over; the value will probably be between €155k and €180k.
And now comes the big BUT: it used to be a small machine factory until around 1980. After that, it was used for other purposes (food). In 1993/94 an investigation was carried out and it was found that there are contaminated sites in the soil. To be precise, chlorinated hydrocarbons. Unfortunately, I don’t have a detailed report. It was only mentioned briefly in a comprehensive report on the adjacent hall (which used to belong to the property but has since been sold), which had the same problem and was then remediated by soil air extraction. The environmental agency was also involved there. The remediation of "my" part was postponed. An excerpt from the environmental agency also states that "my" property has status "B" and the soil must be tested and possibly replaced upon demolition of the building.

Of course, this nasty contamination now reduces the value of the property. I cannot get more information, the seller does not want to commission a new expert report because it is too expensive for him. Or he has something to hide. But I can’t buy a pig in a poke; I want to know exactly what the situation is.
I definitely do not want to demolish the thing; I won’t find such a perfectly suitable property for me again so quickly. I will offer the seller to cover the costs of the expert report if the purchase happens. Let’s see if he agrees.

What are your inputs on the topic of contaminated sites? How would you proceed further?
I have already been explained how these reduce the value of the plot; it is calculated based on the planned remaining useful life and remediation costs.
 

SirSydom

2015-07-21 19:14:53
  • #2
With such a renovation, you could potentially ruin yourself. For example, if sudden groundwater contamination occurs and immediate measures must be taken. Possibly, you could protect yourself to some extent if you buy the property through your own GmbH.

If the seller does not want to, then I would not buy without commissioning an expert report myself. If the seller also does not allow this, then you should actually stay away.
 

QlriPower

2015-07-21 19:33:24
  • #3
Thank you, the idea with the GmbH is a good one. Without knowing exactly what is going on, of course I will not buy. It only looks good in the sense that the results back then could not have been so bad that immediate measures were necessary. In addition, the stuff seems to more or less dissipate by itself over time. The groundwater values were fine back then and 10 years later in any case. But that was 20 years ago, so current information is needed.
 

Bauexperte

2015-07-21 21:46:58
  • #4
And thus falls for the widespread misconception that the OP is "only" liable up to the amount of the contributions; preferably as a GmbH UG

Rhenish greetings from on the road
 

SirSydom

2015-07-21 22:07:10
  • #5
Pretty cheeky what you’re accusing me of, fundamentally the shareholder of a GmbH is only liable with their contribution. In this respect, your statement is wrong.

As long as the OP as managing director does not act negligently or he as a "private person" gives any guarantees for the GmbH, he is of course only liable up to the amount of the contribution. That is the basic idea of a GmbH.

Of course, it does not work to found a GmbH with €50,000 equity and then personally guarantee €150,000 to buy the property.

However, if the GmbH pays for the property out of its equity, no further guarantees are necessary. And if the renovation then costs €1,000,000, the GmbH is insolvent and the OP is not liable for one cent more than their contribution.
 

Bauexperte

2015-07-21 22:12:10
  • #6

Cheeky?

You should ask your tax advisor, he/she will surely explain to you the small but important difference between contribution and personal liability of a shareholder of a GmbH in an understandable way.

Rhenish greetings from on the road
 

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