Procedure for purchasing real estate - what must be checked beforehand?

  • Erstellt am 2023-11-15 03:57:58

Häuslebauer3

2023-11-15 03:57:58
  • #1
Hello dear forum community!

We are currently looking for a house/plot and have our eye on a specific property.
It is a small house with a basement from the 1960s. However, since it is in poor condition and would be too small for a family, it would mean demolition in our case.

Since we are still at the beginning, the question for us is which topics need to be addressed before submitting a purchase offer.
We have already compiled the following points:

1) Development plan:
We have already read it and are aware of the regulations (especially the floor area ratio, floor space index & number of full floors). The only passage we don't quite understand is: "Newly created parking spaces and garage driveways must be paved with water-bound surfaces." Does that mean fully paved parking spaces are not allowed? Would it at least be permitted to pave "strips" for the area where the tires roll – or does it really have to be a compacted stone/mineral surface?

2) Land register excerpt / encumbrances:
In general, it is recommended to take a look at the land register and encumbrance register. In our research, we found out that a legitimate interest must exist to request excerpts – and pure purchase interest is usually not sufficient (a power of attorney from the owner would have to be available). So the question arises as to how this usually works? Does the owner provide excerpts to prospective buyers? Does one only get access to the excerpts at the notary? (which would actually be too late because a purchase offer would already have been made by then?)

3) Soil report / contamination:
It is sometimes recommended to carry out a soil report BEFORE purchasing the plot.
Here the question arises whether this is even feasible in practice? The owner would have to let us onto the plot for this, and we would have to pay more than 1000€ in advance before submitting our first purchase offer, without knowing whether we will even get the contract?
Additionally, the question is whether a soil report beforehand makes sense at all for an already built and basemented plot? (Of course surprises are always possible, but they should actually be limited in this case?)
Until now, we had assumed that a soil report would only be done once you already own the plot and start building a potential basement?

4) Financing
Would be done entirely with equity for us.

It would be super helpful to receive comments on the above points! Or also further points that we have not yet considered.

Thank you and best regards
Häuslebauer3
 

Buchsbaum

2023-11-15 08:03:13
  • #2
You as the buyer have to agree with the seller on a purchase contract, the content of which you can determine freely. The notary then wraps it up into a legally sound contract. You determine the conditions of any potential purchase; the seller naturally has to agree to them. It is a matter of negotiation.

An extract from the land register is not necessarily required for you at first. I would obtain information from the seller in writing. Before the contract is concluded, the notary checks the land register anyway, as they have online access.

Contractually, the land register must be clean; any existing land charges are either deleted or taken over by you. The seller should also inform you of any purchase price-reducing easements or encumbrances.

I would always insert a clause, and have always done so, that all burdens and costs are to be borne by the seller until the day of transfer of ownership. If, for example, retroactive demands from the municipality arrive, such as development costs, then the seller must bear these. Here in Thuringia, street contributions were invoiced after 20 years!!! Without such a clause, you end up paying for this.

I would advise you to contact all utility providers and the municipality and simply inquire about the current status as well as any planned construction measures in the coming years. Water, wastewater, energy, telecommunications, road renewal, and planned construction measures in the vicinity of your property. Today, you should also ask about the planned heat supply. Will there possibly be a connection and compulsory use for district heating, local heating, etc. in the future?

Today you have a property with the best view, and tomorrow a concrete block in front of the living room window.

Maybe also locate and clarify the boundary markers before the purchase. If they have disappeared, you may have to have the property surveyed. They should already be there and, if not, provided by the seller. Of course, check boundaries.

The contaminated sites register can be viewed and checked.

Contaminated sites and suspected areas are listed in the respective directories or contaminated sites cadastre at the responsible authorities.

You know the current actual condition. I have always checked what the situation will be like in 5 to 10 years. Sometimes even longer. Will unexpected costs or other unpleasant things arise in the coming years?

In my neighboring village, the wastewater sewer system is currently being built and connected to the houses. Many have large properties. Connection costs of 30,000 to 60,000 can quickly arise for owners. It's unfortunate if you own an old house with a large property and are retired.
 

WilderSueden

2023-11-15 08:35:27
  • #3

That’s how I understand it. Is there a possibility to use the old parking spaces? Possibly, a loophole could be to "relocate" the existing parking spaces. However, that might depend on the goodwill of the municipality.
Basically, exemptions from the development plan can also be applied for. Minor deviations (bay window with lower roof pitch, etc.) usually go through. Driveways should also fall under this category.


Currently, it is a buyer’s market. I would request the corresponding excerpts from the seller. Offers can also be made under certain conditions (e.g., no building encumbrances).


Standards and regulations were somewhat different in 1960. Where a basement was simply built before, nowadays a waterproof concrete shell might be used. Therefore, I would definitely demand a survey. Better to pay 1000€ upfront than to unexpectedly sink 30k in bad soil later. Even better than paying upfront yourself is to arrange this with the seller. A soil survey is like a fresh TÜV when selling a car.
Three years ago, no expectations could have been placed on the seller here. Currently, however, demand is significantly lower.
 

Buchsbaum

2023-11-15 08:59:02
  • #4
[B]What costs are incurred for the soil survey?[/B] The costs for the soil survey vary greatly by region. For example, for a property near Berlin, approximately the following costs could be incurred:
    [*]Surveying of the exposures and implementation of the drilling equipment = 50 euros [*]Small drilling diagonally at the corners of the foundation slab = 150 euros* [*]Preparation of the soil survey according to DIN 4020 = 170 euros
*If the small drillings are to be carried out at all four corners, the price can double. The total costs in the example amount to 50 euros + 150 euros + 170 euros = 370 euros The statutory value-added tax of currently 19 percent is added: 370 euros * 19 percent = 70.30 euros 370 euros + 70.30 euros = 440.30 euros The total price for the soil survey amounts to just over 440 euros in the example. However, differences may arise depending on the provider and region. I don’t find that expensive at all. Surely somewhat different regionally. Nevertheless, that money would be well spent.
 

xMisterDx

2023-11-15 09:08:12
  • #5
Yes, boxwood. That's because your prices are stuck back in the late 80s, when they were still East German marks, not EUR. This price might be given to a construction contractor who requests 200 appraisals annually from the surveyor, but certainly not to a regular customer. And private individuals are simply regular customers. 1,000 EUR is a fair price to expect for such appraisals. If it's a bit less, one is just happy.
 

Buchsbaum

2023-11-15 10:57:23
  • #6
Sorry, I just copied it in. This overview is available at Dr. Klein, a well-known financing broker, on whose website it can be found. I would consider it a reputable source. I am not allowed to link it, but anyone can just google it themselves.
 

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