Property cadastre – our house is missing.

Good day,

in Nov 22 we signed a purchase contract. The house is from September 2020. Today, a neighbor pointed out to us that our house is not in the land registry. At first, I was "shocked" land register, building application, are available.

[*]Shouldn't the notary have checked that? [*]Can I make claims against the sellers? (which court?) [*]How much does the surveying approximately cost (house 8.5mx10.0m and carport 8mx6m) in Saxony? [*]Penalties? Because such things apparently have to be done immediately upon completion?

It has not been noticed for 4 years now.

Thank you very much for answers

It hasn't been noticed for 4 years now....

So? That's just as important as the bag of rice falling over in China and has no meaning.

[*]Shouldn't the notary have checked that?

No.

[*]Can I make claims against the sellers? (which court?)

No.

[*]How expensive is the surveying approximately (house 8.5mx10.0m and carport 8mx6m) Saxony?

300€ (estimated)

[*]Penalties? Since something like this probably has to be done immediately after completion?

The same ones you've already received.

[*]How much will the surveying cost approximately (house 8.5mx10.0m and carport 8mx6m) Saxony?

For my house in Saxony: €61 provision of cadastral data, €702 execution of surveying, €177 continuation of cadastre

Does not seem completely unusual. In our case, the surveyor came after six years with the message that he had forgotten to carry out the commissioned final survey. We then still received the old rate that applied for the original year.

Basically, the owner has to apply for this. However, the obligation to survey buildings that have not been surveyed is transferred to the purchaser - you have to take action now and initially cover the costs for it.

In principle, the seller should have informed you that the building has not yet been surveyed. Without being a lawyer, for me this falls under “legal defects” § 433 paragraph 1 sentence 2 of the Building Code - but a notary does not have to check such things, not even whether the property has (had) a building permit.

If you can prove that there was fraudulent misrepresentation / deliberate concealment, you can then sue for compensation or cost reimbursement accordingly. However, this is probably not entirely trivial.

I would first contact the seller and ask if he is aware that the building has not been surveyed and whether he commissioned this at the time.

I wouldn't do anything at all. If an office wants something - because the builder forgot it - then it should get in touch. Maybe the survey has already been done, but not further processed.