Land acquisition with soil contamination

  • Erstellt am 2021-06-28 09:31:55

splash2k5

2021-06-28 09:31:55
  • #1
Dear house building forum friends,

Although I own a condominium, I have not really had anything to do with "building land" until now. In the future, I would like to buy a house or alternatively build a house, depending on economic viability.

Regarding economic efficiency and feasibility, my inquiry is also directed at you; in advance, I try to summarize all the "essential" information I was able to find out myself. Of course, I am very grateful for any further tips/tricks J

For sale as part of the foreclosure auction under the heading

    [*]- “undeveloped plots”
    [*]o Plot A approx. 1200m2, forest area
    [*]o Development according to appraisal: Plot B approx. 03m2 (undeveloped hammer plot) building and open space
    [*]- Existing shell construction approx. 5mx5m
    [*]- Various (industrial waste)
    [*]- Reference value €15,000 (70/50 application)


Location see attachment:



In the land use plan (according to the legend), the plot is indicated as follows:

    [*]- Green area (in the foreclosure auction it says forest?!)
    [*]- Area with significant soil contamination

However, surrounding areas are all residential units and also adjacent commercial units. Regarding the “area with significant soil contamination,” I was able to google that this is not always true or only partial samples were taken. This raises the question for me:

    [*]- Shouldn’t something like this also have been included in the court appraisal, especially in the context of fraudulent misrepresentation, because apparently there is a defect here?
    [*]- Why does the land use plan list the plot as “green area” (according to the legend) and not as forest as in the court appraisal?
    [*]- Can it be determined in advance to what extent “significant” soil contamination exists?


Generally, it is said that as the owner of the plot you then carry the liability and therefore, relevant websites say that as a buyer you usually should not purchase such a plot since the risk can potentially be too high because the costs for removal/cleanup could be exorbitant. On old topographic maps (1937-2016) the area apparently was not previously (officially) developed, so I could not check which factory, for example, might have stood there.
Normally, one should commission a soil report beforehand as an “interested party,” right?

Regarding the development plan:
Unfortunately, online there is no development plan visible for the area (+800m radius), it is not retrievable. Adjacent areas are. In the development plan the plot is designated as “PARKING LOT” (P).


I know these are many questions, but I still hope you can give me your professional assessment.

Thank you in advance for your efforts
 

splash2k5

2021-06-28 09:43:53
  • #2


Here as an addition because the marking above might not have been sufficient after all
 

Steve_M

2021-06-28 11:48:34
  • #3
The yellow marking is wrong I think, there are allotment gardens. It is about the property at the top right corner (Flurstück 709). According to the price, it is definitely not buildable, access would probably also be difficult. The former railway track above will soon become a bike path.
 

splash2k5

2021-06-28 11:54:37
  • #4


First of all, thanks!

I think the drawing is correct.
I can well imagine the bike path, but in my opinion that wouldn't actually cause any problems. I was suspicious about the price too, but in the overall constellation a rezoning should be possible. I assume that the price results from the soil contamination, even though this is not subject to negotiation in the report.

I wanted to have a "live" look at the rest later, at least the access.
 

hanghaus2000

2021-06-28 12:02:44
  • #5
The expert report should include a survey plan. Have you checked the Geoportal of the BL?

15k does not indicate building land. What does the expert say?
 

nordanney

2021-06-28 12:20:02
  • #6
Land value T€ 15 = either land located at the adW or not building land or such additional costs occur that overall one returns to a normal price.

There is something about it in the appraisal. That is certain. If there is nothing about it, there is also no information about soil contamination. Apart from that, an appraisal is also not a geotechnical investigation or material investigation. That should explicitly also be stated.

Apart from that, I still have not understood which property is specifically involved. Please indicate how to find the appraisal for the ZV (no link!!!).

What is that supposed to mean? Should I understand it like this, that the value from the appraisal is T€ 15 and that the 70% and 50% thresholds have fallen? That means that so far no one wanted the property. And that implies that no one can use the property either = economically not usable, even at that price. And if my understanding corresponds to what you write, you can then also end the thread with that.
 

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