Inland development (second row)

Hello dear community,

I have a question about the buildability of a plot in the second row and the necessary steps for it.

Situation:
- Large plot with existing building was split by the owner into two equally sized parcels (both approx. 545 sqm)
- Owner keeps the front plot, we want to buy the rear plot
- Access to the rear plot is only possible via the front plot (no flag lot)
- Owner of the front plot wants to demolish the old house and garage soon and potentially rebuild (timing not fixed)
- Location of the plot: Hamburg
- Floor area ratio-1 = 0.2
- Floor area ratio-2 = 0.3

My understanding:
- Registration of a building encumbrance AND easement (in the land register) is required so that I can build and access the rear plot without problems
- Access areas are deducted from the floor area ratio-2 for both the front and rear plots

Question:
- What is the correct procedure regarding the purchase of the plot, registration of the building encumbrance and easement? How can I best protect myself as a buyer to ensure there are no problems?
- Will there potentially be major problems with the front plot regarding floor area ratio 1 & 2? (not my problem, but I would still like to understand) According to the construction stage plan, an area at the front by the street must be kept free from building and must therefore also be deducted from the plot size for the floor area ratio calculation.

I would be very grateful for your expert advice!

You need a right of way, vehicle access, and utility easement so that your property becomes accessible and can be fully developed. The notary will advise you on how to properly incorporate this into the contracts in terms of timing. Also about where exactly this has to be stated – this is probably different in Bremen than in BaWü or NRW. Only the areas that are sealed count towards the floor area ratio from the required spaces (there are sometimes discounts for permeable sealings such as [e.g.] grass pavers).

You need a right of way for walking, driving, and utilities so that your property becomes accessible and can be fully developed. The notary will advise you on how to properly integrate this into the contracts regarding the timing. Also about where exactly it must be stated – this is probably different in Bremen than in BaWü or NRW. Only the areas that are sealed count towards the floor space ratio (GRZ) from the required areas (there are sometimes discounts for permeable sealings such as turf grid stones).

Thank you very much for the quick response! Can you tell me if the registration of a building encumbrance ("Baulast") requires approval? I was at the building authority today for a construction consultation and the lady caused more questions than answers. At least she told me that I cannot submit a building application without a registered "Baulast" and that she cannot say whether a "Baulast" will be "approved." I am now wondering whether this "Baulast" is rather a formality or whether it must necessarily be registered before purchasing the property so that I have no risk with the property. Without a "Baulast," presumably no development of the hinterland either.

Just follow my instructions to the specialist. At both places you will also find me (under the same name as here). Without the GFL right, you have no accessibility and thus no prospect of a building permit. The registration, as mentioned, varies depending on the federal state: some accept an irrevocable contract, some maintain a separate Baulastenverzeichnis, and most record it in the land register, where a corridor is then designated on the land register sheet to which this right spatially extends. But as I said, Dimeto knows this just as well as Escroda ;-)

Path areas are deducted from the floor space index-2 for both the front and rear properties

Since you are only buying the rear property, i.e. not a flagpole-shaped lot, nothing should be deducted for you. The floor space index refers to your property, not the easement of another property.

How can I best protect myself as a buyer here to ensure there are no problems?

The notary should provide you with that security.

At least here in NRW, the pathways were not deducted …