Procedure of Surveys in Lower Saxony

Hello everyone,
I have noticed that questions about surveying(s) keep coming up here, so I wanted to summarize the topic a bit.

First of all: All information refers to [Niedersachsen]! Since surveying is a state matter, different rules and regulations apply in other federal states!

First and foremost, a distinction must be made between engineering surveys and official surveys. Technical surveys can be carried out by any surveying office. Official surveys (subdivisions, building surveys (not staking out!) etc.) must be carried out by a publicly appointed surveyor (öffentlich bestellter Vermessungsingenieur) or the cadastral office. However, it is advisable to have everything done by a publicly appointed surveyor because there may still be some room for negotiation on the price with technical surveys. This is only possible with technical measurements, though. Official surveys are subject to the fee schedule for official surveying (KoVerm) in its current version. Technical surveys are based on the HOAI.

In the following, I would like to roughly explain the individual surveys, as there are often confusions here as well.

Technical Surveys:

Topographical measurements/elevation plans:
Here, we record all relevant data in advance (manholes, gullies, road edges, terrain elevations, etc.) and draw up a plan for the architect for the planning of the construction project.

Staking out: Here, two types must be distinguished: rough staking and fine staking.

Rough staking: Here, the location of the planned building is “roughly” (2-3 cm) transferred to reality with wooden stakes for the upcoming earthworks. Additionally, the boundary for the subsequent fine staking may also need to be determined. I will come back to boundary determination later.

Fine staking: Here, the building location is transferred precisely (1-2 mm) onto so-called string frames. This is usually done with a screw or a nail. This is then usually secured with paint against unauthorized moving (this has happened before :mad:). Please don’t be angry if it sometimes takes 5 minutes longer. Construction companies like to blame the surveyors even if they have made no mistake. Therefore, we have gotten into the habit of checking everything thoroughly multiple times and documenting it because it can also end up in court.
Regarding the prices for staking out: Rough staking about €200-300 and fine staking about €550-650.
YES, that is a lot of money, but: The construction project must be calculated, staked out, and the staking must be checked again. In addition, we also take over the liability for the staking. We always take a risk with this, even if we earn part of our money this way. There should also be something left over ;).

These are the relevant technical surveys related to a construction project. Now let’s move on to the official part:

Parcel divisions: There are again two types here:

Subdivision: Let’s assume you want to build behind/next to your parents’ place. Hardly anyone can finance the entire construction with their own funds. Since you don’t want to encumber your parents’ property with a mortgage, you need your own plot. Attention: plot is not the same as property! Since your parents probably built some time ago, the cadastre is probably not up to date. Therefore, to subdivide the property, we must determine the boundary according to cadastral regulations. That means we restore the old boundary according to the existing surveying documents and check it. If everything fits, the new boundary points can be marked. Don’t be surprised if this can take a day. A few days after the survey, you and your neighbors whose boundaries are affected will receive mail from the surveying office: the invitation to the boundary appointment. Usually, the publicly appointed surveyor/the official comes to your new plot and shows you the new boundary. You will then receive a waiver of legal remedies which you and your neighbors can sign to speed up the administrative process. If one of the neighbors or you cannot attend, you or your neighbor will receive mail again: the notification. Again, a waiver of legal remedies is enclosed which you / your neighbors can sign. It only needs to be signed once. If your neighbors do not want to sign it, you are unfortunately out of luck. The 30-day period begins upon delivery. This can only be shortened by signing. The waiver of legal remedies states that no objections will be raised against the survey. When the period expires, we submit the measurement to the cadastral office for inclusion in the land registry. This also takes about 14 days. Then your plot is legally binding in the land registry and can be transferred.

The partition: Basically like a subdivision but without local work. And cheaper. However, it is not always applicable. For partitioning, the boundaries must be perfectly surveyed and negotiated.

Building survey: After your house is completed, it must be surveyed for the cadastral map. What at first glance looks like a money grab has several reasons: so that fire department/ambulance/police know where to go; Google Maps; urban planning and several others.

So now the novel has come to an end :). If you still have questions, feel free to write them under this post and I will try to answer them.

Niels

Thank you very much for this post, I was almost exactly looking for this -- however for NRW. Does anyone know if the same applies there? I have the following question about "Topographic surveys/elevation plans": This is presumably the only measurement that must be carried out before the building application (as a basis for the architect). If I am building on an existing structure (the building on the left remains, the building in the middle is to be demolished and replaced, the building on the right remains) then presumably the "existing plan" of all these buildings is also added here (corner points, eaves and ridge heights), right? I am asking because I want to phrase the cost inquiry to the surveying offices as clearly as possible.

I have another question regarding building surveying. The costs for this are calculated according to the fee schedule for official surveying. This provides a tiered structure as follows:
up to €300,000 production value €1,034.56 total costs for surveying and registration in the cadastre
up to €600,000 production value €1,910.08 total costs for surveying and registration in the cadastre

What exactly counts towards the production value and to what extent must the specified value be proven or who checks this and how?

Hi, sorry for the late reply. The last few days have been very busy at work.

What exactly counts towards the manufacturing cost

The manufacturing cost includes what the house with the outbuildings including own work has cost. The land does NOT count towards this.

to what extent does the stated value have to be proven and who checks it how?

If you were asked by the LGLN to have your building surveyed, you have to state the value when commissioning. In most cases, the correct value is stated. If we find the value too low, we calculate the value using official values. The values can be viewed. Just google Niedersachsen Price Index. There should be a publication in the Niederländisches Ministerialblatt. If the value is roughly (from about €30,000) different than stated, we adjust the value and, if necessary, upgrade to the next level.

I hope I could answer your questions. If you have any further questions, feel free to contact me.

Niels

Thank you very much for the detailed post. I have a question specific to Lower Saxony: what costs will I incur and what options do I have if I want to have my (built-up) boundary determination carried out?

The property has been built on for over 60 years, but I have not found any boundary stones. There is also a corner where some public land is being used. Before I carry out construction measures in the future or put up a new fence/hedge, I need the correct position of the property.

The property requires 7 boundary stones. As far as I understand the information so far, several thousand euros in costs will be incurred through the land registry office. Have I understood that correctly, or can, for example, a publicly appointed surveyor carry it out more cheaply?

Hello,
First of all, the boundary determination is an official survey. That means it is subject to the cost regulations of the Official Surveying Authority (KoVerm). Therefore, you cannot do anything about the price at first. If you happen to get a customer-friendly publicly appointed surveyor, he might try to reduce the number of boundary points to be determined by centering them within the boundary determination IF the points are found and are skewed/incorrect. However, many factors come into play here. It would be too much to explain that here.

Another possibility would be: You mentioned that the property is developed. If you were to build anew there, there might be a chance to reduce the costs for the necessary technical surveys. (Especially for the large boundary determination in advance)

Realistic assessment: You won’t get away with the boundary determination for under 3,000€. If you could send me the standard land value, I could make a more precise statement.

Niels