Procedure for Property Division

Hello everyone,
I am new here and did not immediately find a suitable thread for my concern.
If there already is one, I apologize. Please just refer to the link then.

We have the opportunity to buy a 500 sqm plot of land in NRW. However, we would like to split it and then each build a semi-detached house on it. Now we would like to have the plot divided before the purchase so that each party only has to pay for their half directly.
How do we proceed here? Does the current owner have to apply for the plot division or how would that work? She only told us that it is basically possible to build a semi-detached house on the property. She did not have any more information.
What additional costs will we incur besides the property transfer tax?

Unfortunately, we are just at the very beginning of our search and do not know much. But we want to change that now. I hope someone can give us some information here.

Thank you very much!

BauFab

Hello BauFab,

I can only tell you how it was for us. We found someone who wanted to sell part of their property. Out of about 3000 m², we got about 500 m². Of course, we had to cover the costs.
The procedure was as follows: We drew up a purchase contract with the notary, stating that the property had to be divided after signing the purchase agreement. We signed this with a drawing. So we had bought the property that had not yet been surveyed.
Afterwards, we commissioned a surveying office to carry out the division of the property and to remeasure it. The surveyor then initiated everything else, surveyed the property, created new plans, set boundary stones, and informed the land registry office.
For us, "only" the invoices then arrived.

I don’t remember exactly, but I think we paid about €2,000 - €3,000 for the whole thing.

Hello BauFab,

We have the opportunity to buy a 500 sqm plot in NRW. However, we would like to divide it and then build a semi-detached house on each half. Before the purchase, we would like to have the plot divided so that each party only has to pay for their half directly. How do we proceed here? Does the current owner have to apply for the plot division, or how would that work?

The division can be applied for by the buyers, but the current owner must recognize the new boundary in the boundary deed, as it is still their property at that time. The costs can be covered and the order placed by you, but the owner cannot be bypassed.

She only told us that it is basically possible to build a semi-detached house on the plot. She didn't have any further information yet. What additional costs, apart from the property transfer tax, can we expect here?

The division costs and the costs for the recording in the cadastre. The costs depend on the standard land value, the size (known here, each 250 sqm), and the boundary lines to be examined. I assume the 500 sqm plot already exists, or does it still have to be formed?

Anyway - you can have any surveying office (cadastre office or publicly appointed surveyor) prepare a cost estimate for you, it should be the same everywhere down to the cent. Simply draw the new boundary (boundaries) in a current cadastral map excerpt and send it to the surveying office(s). Roughly, the costs should be around €2,000, but without a map and the above information, an accurate figure cannot be given.

Best regards Dirk Grafe

Thank you very much for the good information!
Regards
BauFab

Is the property actually allowed to be divided?
It reads as if the owner is allowed to sell a part of her property, namely 500 sqm; a preliminary inquiry about a semi-detached house was positive.
In rural areas, there is a minimum size for a building plot – for us, for example, there is no plot under 650 sqm; for semi-detached houses, there is then an ideal division. How does it look then ?

That must be checked beforehand. The division itself, in the case of an undeveloped parcel, goes from the building authority to the cadastral office without further examination, and the newly created parcels can then of course be transferred individually. Whether they are still buildable under an any applicable development plan is independent of that. After all, it is not forbidden to sell/trade two garden land parcels.

It is advisable to clarify this in the present case in advance with AR and the building authority, or to submit the building application for the semi-detached house with the newly planned boundary shown in the site plan and relate all calculations (land area ratio/floor area ratio) to the new area, here thus 250m².

In terms of size, this is possible; iirc the smallest plot for a semi-detached house that we have encountered was about 180m².

Regarding the topic of real division, it should also be noted that a division under conditions and with the involvement of the building authority is _always_ possible, no matter how abstruse the boundary may be. If the building authority issues a (project-related) union building encumbrance, then one can divide the parcel of a single-family house in a zigzag through the living room and transfer the guest WC as an island parcel of a community of owners in Timbuktu.

The (building regulations) legal chaos that results from this usually does not justify the effort compared to the benefit. Only when the benefit justifies/exceeds the effort and the above-mentioned solution is the ultima ratio can one hope for the cooperation of the building authority.

This happens more often on larger commercial sites. There, ownership and/or parcel boundaries run crisscross through the buildings, but it can be legally completely correct.

Best regards
Dirk Grafe