New construction next to commercial area/building encumbrance

Hello

We want to build a single-family house. The plot is located next to a warehouse for grain. Everything is in a developed area (building land). The warehouse has several large fans that run day and night for about 3 weeks in the summer for grain drying.

The building authority suggests that we should come to a written agreement with the operator that we will not complain about the noise afterwards. If we do not agree, the authority for emission control would be involved, and they would check whether we are allowed to build there. If it is too loud, we would not be allowed to build because the commercial operation has vested rights (built in the GDR). The operator of the warehouse would sign this agreement but wants us to have a building encumbrance / tolerance recorded in the land register. However, this would lead to a loss in value of our property.

Does anyone have a tip?

Does this vested right really apply here? Or should we take the risk and involve the authority for emission control? Do current maximum noise levels have to be observed in mixed residential/commercial areas here because of vested rights?

If a building encumbrance is entered, would only the value of the land decrease, or would the overall value also decrease once the house is built?

I am grateful for any tips...

Regards

Your property value does not decrease because you have a [Baulast] on it, but because the neighbor can make hellish noise. The [Baulast] that the neighbor wants to have on your property is exactly what the building authority requires from you. No matter who eventually owns the house later on, they must agree to the noise from the neighbor. Consequently, it can also be included in the [Baulast]. So where is your loss in value, except that without a [Baulast] you could conveniently forget to mention this loss in value when selling (which would then cause real trouble). A [Baulast] does not necessarily have to be disadvantageous. Neighbors can also agree on certain building regulations (e.g., 9-meter maximum built length) being changed on both sides through a [Baulast].

The operator of the warehouse would sign this agreement, but wants us to register a building encumbrance / tolerance in the land register. This, however, would lead to a loss in value of our property.

The value of the property is already reduced by the use of the hall, whereby the building encumbrance / easement in question legally secures the whole thing.

Does this protective status really apply here?

Most likely yes, as long as the use is not changed or discontinued.

Or take the risk and involve the Office for Emission Control?

I would involve the office in any case, so that the architect knows the noise exposure and can plan accordingly.

Do current maximum noise levels in mixed residential/commercial areas not have to be observed here due to protective status?

It depends on the development plan. But you have to ask yourself why you want to build there if the noise exposure is known. You should simply assume that the operation has protective status and that it will continue for another 40 years – and then you have to ask yourself whether you really want to build there or whether another property might be more suitable. If it is (already) your own property, ask yourself whether the property does not appear more suitable for commercial use.

Would only the value of the property fall with the registration of a building encumbrance, or later also the total value once the house is there?

The building encumbrance is taken into account on the respective purchase or valuation date and thus always refers to the respective entire object. Whether you mentally assign it to the land or the house does not matter.

A building encumbrance does not necessarily have to be disadvantageous. Neighbors can also agree by building encumbrance that certain development rules (e.g., 9-meter maximum built length) are changed on both sides.

Yes and no. A building encumbrance only applies between property owner(s), building project, and building authority, so it is an agreement with the authority that only indirectly affects the neighbor.

Best regards Dirk Grafe

Yes and no. A construction burden (Baulast) applies only between the property owner(s), the construction project, and the building authority, so it is an agreement with the authority that only indirectly affects the neighbor.

and what does that practically mean for the difference?

Thank you very much for your previous answers. To clarify the question of why we still want to build there. YES, the property already belongs to us and the "noise" does not bother us. The fans that make the noise run a maximum of 3-4 weeks a year. The rest of the time is quiet.

how is it with the noise protection conditions for the house? better noise protection class windows etc?! can the building authority still possibly impose it anyway. clarify beforehand, as otherwise it can become quite expensive.