Link property purchase to future buildability?

A building inquiry is not that complicated.

Draw the plot plan with the desired house to scale. Briefly describe where you want to deviate.

Then you will receive a binding answer.

The critical point with the specific plot is a building boundary (boundary between inner/outer area), which would have to be exceeded by parts of the building in order for the building to be placed sensibly in the planned size. There is no development plan (according to surrounding development, §34). There are already positive statements from the municipality or building authority that this is acceptable (by email). However, I suspect that one could probably not rely on this in case of doubt?

Why didn’t you say that earlier, a lot of talking could have been saved overall. Conversely, I have very little doubt that a relaxation of the boundary between a §34 and a §35 area overstrains the municipality’s regulatory authority and that a positive decision on a building inquiry – which as far as I know you can only submit to the municipality, and not directly to the district office – could be revoked again. 1. Adopt the wording suggestion from from post #6 2. Plan only within the given framework 3. Finally get help here regarding the specific house that you obviously have in mind!

Why didn’t you say that earlier, a lot of talking could have been saved overall.

Sorry, I don’t think that was clear to me at this point... :rolleyes: Do you mean in the other thread? Or in what way?

On the contrary, I have very little doubt that a blurring of the boundary between a 34 and a 35 area overstrains the regulatory competence of the municipality, and a positive decision on a preliminary building inquiry - which, as far as I know, you can only submit to the municipality, and not directly to the district office - could be revoked again.

Yes, the district office was already involved in the email communication mentioned at the beginning, and the planning signed in the attachment was at least proposed as approvable (subject to "nature conservation compensatory measures").

2. Plan only within the given framework

Do you mean only within the inner area? Unfortunately, that would make the property uninteresting (see sketch)... :(

3. Finally get help here regarding the specific house you apparently have in mind!

I would very much like to take advantage of that at the appropriate time, but at the moment I am struggling with feeling like I have to decide everything at once. Isn’t it practical to first only determine the rough dimensions (based on the desired living space), legally secure the buildability, and only after the property has been purchased proceed with further planning? Unfortunately, I am someone who likes to plan everything calmly and down to the last detail, but apparently that doesn’t seem feasible in the current situation on the southern German real estate market? o_O

In principle it is quite possible, we agreed the following in the notary contract:

If this buildability is not given, the buyer can withdraw from the contract, but cannot demand a reduction of the purchase price or damages. The right of withdrawal expires at the end of XX .XX.XXXX; however, it is extended until XX .XX.XXXX if a successful objection is lodged against the aforementioned supplementary statute. The exercise of the right of withdrawal must be made in writing to the seller; for timeliness, receipt by the seller is decisive.

It is worth noting that this was proposed by the seller, we did not insist on it.

Could you say more about your property? To me, this reads as if the buildability was generally unclear in your case? In my case, at least for the part within the inner area, it should be undisputed—the wording would, in my opinion, only really help me if it also relates to the concrete placement and dimension of the building...

The seller proposed that, mind you, we did not insist on it.

Does this refer to general developability (=building land) or to your specific house design? Whether a plot is building land is a very controllable risk for the seller. A specific design by the buyer, on the other hand, is absolutely uncontrollable.

I would very much like to take that up in due course, but currently I find it difficult to feel like I have to decide everything at once. Isn't it practical to first determine only the rough dimensions (based on the desired living area),

But this sounded quite different to me this afternoon, namely

However, still far from the floor plan, window areas etc. of what we envision

and thus like a concrete house model with already quite a few change requests. Regarding the other aspects in your "main thread".

commercially usual, privately I would drive you off the farm if I had enough interested parties