Plot of land in sight - looking for tips, tricks, suggestions

  • Erstellt am 2021-03-29 16:19:37

11ant

2021-03-31 15:23:22
  • #1
Children's noise is not noise, but a sound of life. I had it for years on the first floor about 20 meters away from the playground. Double-glazed windows were completely sufficient to make it a pleasant background noise that did not disturb conversations. It was possible to work with concentration despite it.
 

Escroda

2021-03-31 19:06:26
  • #2

From the city. The mixing of designated traffic areas and street boundary lines with private access through a general residential area is at least remarkable. If everything is clearly regulated - good; IMHO it is a source of trouble.

Because according to the development plan there is no longer enough space for another house up to the designated dead-end road.


Yes, by the farmer, but not by the city planners.

Do you know its contents?

It’s like with active volcanoes. The more time passes, the more likely an eruption becomes. And if there is a small eruption next door now...
Although the comparison with volcanoes includes the option of centuries of inactivity, which in the case of land owned by people usually does not last longer than a generation.

The stipulations of the development plan were also transferred quite creatively into the site plan – in other words: I consider deviations of more than two meters to be wrong, and the omission of the dead-end road and the extension of the building boundary to be wrong in any case.
 

warchild

2021-04-01 09:21:58
  • #3

That doesn’t sound good – but I at best understand half of it. Could you explain that a bit more thoroughly? Where exactly could there be pitfalls?


Unfortunately I didn’t think of overlaying the development plan onto the concept drawing (also due to lack of necessary knowledge…) :( Thank you very much for that!
That had actually not occurred to me yet, I must apologize!
But it wouldn’t really be feasible that way anyway, because the dead-end street (and the rest of "our" property) lies on someone else’s land, a different owner (and that was already the case back then). I suspect, since this dates from the early 80s, that the city once planned to buy the entire area and market it themselves, which was quite common at that time.


Yes and no, the concept drawing was approved as an attachment to the meeting of the local council, the committee for urban development, and the city council. However, how that is legally to be assessed, I do not know.


Unfortunately no, but I actually already intended that we want to see it first before finalizing anything.


Yes, never say never, that’s true. But since the farmer only "recently" even asked the other owner whether he now wants to also turn it into building land, because then they could develop it together, and was refused, I think it’s at least unlikely in the short term.


That also sounds bad again and once more I’m at a loss. Where exactly are the errors? I think the reason the dead-end street is missing simply is that it now lies on a “foreign” property, which is unrelated to the current development.

Thanks again for your detailed commentary
 

Escroda

2021-04-01 11:02:02
  • #4

I don’t want to unsettle you, but only raise awareness of possible problems, especially since you initially asked quite generally what needs to be considered. I have not dealt with the city council resolutions. I also do not know the history of the development plan or the local entanglements. There are certainly capable and practical city council members and also responsible authorities, so I may suspect difficulties that do not actually exist.

If the municipal representatives have decided to develop a building area, it is common practice (and legally required) to hear and involve the citizens, especially the affected owners, before the preparation of a development plan. Then the concrete planning takes place. Then the development plan gains legal force. If several owners are involved, a land readjustment procedure according to the Building Code is initiated, the areas are newly arranged, allocated, developed, and marketed.
Here, obviously, the readjustment was waived, then a dispute arose between the city and at least one owner, and the procedure stalled – city council, citizens, owners – everywhere offended parties blocking each other and no longer communicating, not even through lawyers. Nevertheless, to create building land, which is obviously in the interest of another owner, a makeshift solution involving as few parties as possible is now being used through private development. IMO, however, the development plan should be amended. If the farmer goes bankrupt, or not always so pessimistically, falls in love and moves to Mallorca head over heels, you end up with a plot without development. I think it is important to find out what securities are included in the urban development contract. What is to be done with the designated traffic area? Should it be transferred to the city upon completion? What should be done with the "auxiliary development," which is not designated as a traffic area? How are development costs allocated? Who has to maintain these areas? Is there a binding timeframe for the completion of the development?

The same applies here: these contradictions would not have arisen with a proper readjustment procedure. If the development plan cannot be implemented for whatever reason, then it must be amended (fully redesigned here). They don’t want to take that trouble, and that gives me a bad feeling – perhaps unjustified.

As I said, I don’t know the professional competencies of those involved. I see the scope for interpretation regarding the transfer of the development plan to the current land registry as exceeded here. But if the geodata professionals on site agree, my view is irrelevant.

How old?

A skilled drafter would then let the depiction of the applicable planning law end at the planning boundary, just as he did with the rear building boundary on "your" plot. Here, however, the building boundaries have been continued, and the depiction of "your" front building boundary is wrong because it is pierced by the dead-end road in the original. That makes me doubt the diligence and thus the competence of the plan author and also the legal certainty of the plan.

Definitely seek professional advice from an architect or a local surveying office before signing the purchase contract.
 

warchild

2021-04-01 11:38:25
  • #5

That’s exactly why I’m asking here, and I am also grateful for your feedback. Better to think about it beforehand (perhaps unnecessarily) than to suddenly face problems.


In an initial preliminary discussion with the architect responsible for the development/conversion (and only for that, there is no construction obligation or similar with him) I understood it such that the plots are sold as fully developed – therefore currently no final price yet, as a few offers from construction companies for the development are still missing. After development, the street will then go to the city, hence probably also the urban development contract – and according to your statements maybe also to modify the original development plan?!
Regarding the timeframe, we will pay attention to a binding arrangement, but as of today nothing is known yet. Originally, the announcement of prices was planned for autumn 2020 and the start of development for spring 2021. So far, as said, there is not even a concrete price...


Well, city council members are basically amateur politicians, whether they really have professional qualification?! From the owner’s side, as mentioned, an architect is involved.


It really looks like that will be necessary.
 

11ant

2021-04-01 12:49:31
  • #6
This could quite well also mean: I've already thought of that too and will do it immediately with your heirs as soon as you kick the bucket - which could be as soon as tomorrow - but not during your lifetime; in my old days, I prefer to annoy you with a blockade. Your father was stubborn first, not mine. Well, that's just how they are, Vinzenz and Alois. Like their fathers, one like the other ;-)
 

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