Can a developer build a building without land? I think there is still a fundamental misunderstanding here, as already mentioned. The construction partner is probably more likely to be a general contractor (GU) or main contractor (GÜ).
The timing of the contract conclusion is initially completely irrelevant to the tax office. They are only interested in the extent to which there is a connection/dependency/coupling between the land and the building. This needs to be clarified/proven. If it really were a developer, in my opinion, the land and the building would definitely be linked and therefore the real estate transfer tax would have to be paid on everything.