No construction, as there is no building obligation

  • Erstellt am 2015-02-23 20:13:59

PieWie

2015-02-23 20:13:59
  • #1
Hello dear forum members,

First of all, I would like to thank everyone for their responses in advance.
Perhaps someone among you has come across something like this before or has some advice.

The case:

We have bought a plot of land (fully developed according to the seller) and signed a house construction contract with a provider. At the time of purchase, we knew there was still a "problem" with a possible building encumbrance [Baulast]. However, we were assured that it was just a formality and that we would not be affected by the [Baulast] anyway.

However, the situation now is that we have an owner in the new development area who does not want to accept this [Baulast] (which is completely understandable). As a result, all construction projects in this area have been stopped. Since we cannot convince the said owner to accept the [Baulast], and there is no other solution from the city’s side, we (and several other families) are facing a dead end.

The question:

What can we do?
The city says: "Everyone must accept it, otherwise no one builds!".
Is there no other solution? I can’t believe it just ends like that.

I hope someone among you can maybe give us a tip on how to proceed (other than challenging the land contract, etc.; we want to build here after all).

Thanks & regards
 

lastdrop

2015-02-23 20:48:22
  • #2
Don’t you want to say what kind of [Baulast] it is?
 

PieWie

2015-02-23 20:59:27
  • #3
Sorry. It is about a [Baulast] that relates to a noise protection wall. The city wants to establish that it has the right to access the property to maintain the wall. However, only if we take care of it. All owners (including the one in question) have already agreed to maintain the wall. But that is not enough for the city. They want the [Baulast]!
 

SirSydom

2015-02-24 00:18:27
  • #4
Dejavue? The topic was already discussed in the green forum.. 'link removed' Who actually sold you the property? The municipality?
 

toxicmolotof

2015-02-24 08:10:05
  • #5
Dejavue! Absolutely! Maybe it’s already number 2 with this problem from the same housing estate.
 

HilfeHilfe

2015-02-24 09:08:10
  • #6
I have to ask a stupid question. What does the buyer who "opts out" do with his property? Does the municipality not have a repurchase value agreed upon in case the construction does not take place? One could adapt the owners accordingly
 

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