- How was the preliminary building inquiry made? Informally or formally? What was the specific content?
- What was specifically recorded in the purchase contract?
- Why is the plot of land not yet developed?
The rejection of your building application is completely correct. According to the law, undeveloped plots of land may not be built on. Quite simple. This initially has nothing to do with the preliminary inquiry – there is surely something about development in there as well. For example, that the road still needs to be built, etc.
You have to write in detail how the case presents itself.
If I ask about a plot of land whether it is buildable if the development is secured, I naturally get a positive answer. But if I then submit the building application before development, the situation is quite different. In the preliminary inquiry, a "what if" is asked.
- The preliminary inquiry was made by the notary/lawyer of our seller. Unfortunately, I cannot specify the exact content. I only have the "response." That building with a single-family house according to §34(?) neighbor development is possible.
- The purchase contract specifically states that this is an undeveloped building plot and there is a corresponding clause that the seller is responsible for the development (access road, water supply and sewage, electricity, and telecommunications) and will also pay for it.
- The plot is not yet developed because it is a rear development. A former garden.
- But if I do ask in a preliminary inquiry whether I may build a single-family house there, then the question would be: "What if I want to build a single-family house there? Can I do that?"
If the answer was "Yes," then I cannot later add extra "but only if – then" conditions. At least in my understanding, it is as you already said: no development, no building permit. But if someone tells me beforehand that I can build a house there, then this is a false statement – because I cannot, as it is not developable.
You have 2 options: either ask the seller to fulfill his contractual obligation or withdraw from the purchase contract due to deception.
Yes, unfortunately, we have been in dispute with the seller for a very long time. It is contractually stipulated that the development must be commissioned 6 weeks after the purchase contract signature. He has not done this to this day. Which is why it only became apparent through the building application that the development might not be possible after all. Our lawyer is already involved.
Which development is it exactly? Access road, electricity, (sewage) water? Where is the plot located? Compared to the nearest buildings.
The development of the access road has already been done. Electricity, water, and telecommunications are still missing. It is a rear plot. Second row.
That’s probably where the catch lies:
Did the acquisition of shares in the developed private road perhaps only occur after the building application was submitted, or was the right of use for this plot not attached to the application or not explicitly recognizable that it fully serves your building plot with a complete GFL right?
That is actually the second problem. Together with the plot, we bought a share in the mentioned private road. Unfortunately, the sewer line is about a hand’s breadth too far on the other side of the street, so we do not own a share from the parcel. Accordingly, an easement must be recorded for the other plot (as required by the city). Unfortunately, our neighbors (as already explained in the other thread) are not so enthusiastic that construction is taking place on the street, which is why we assume that we will not get this easement.
Shitty situation, yes. We just don’t know how else we could have secured ourselves in advance. As said, there was this positive preliminary building inquiry on which we apparently relied too much in this case. Added to this are the promises from our seller/developer who was supposed to take care of everything but now does not.