Property division during or after the purchase?

  • Erstellt am 2017-07-26 15:55:37

Rob1107

2017-07-26 15:55:37
  • #1
Hello dear forum,

I would like to ask for your help.
My partner and I are planning to buy a fully developed plot of land (739 sqm) with a building permit from 1995 together with a friend and his wife. Each party wants to build a semi-detached house on the plot. Currently, the building permit allows a building area of 300 sqm. A new building inquiry by the owner is still being processed at the building authority.

The plot is located at Lake Constance and is therefore a (hopefully) small stroke of luck, as building land there is extremely scarce and incredibly expensive.

It is planned to divide the plot during or immediately after the purchase. At the moment, the plot consists of one parcel.
A real division is planned so that each party receives its own parcel and is listed alone in the land register.

Here is the question. I can inquire at the local building authority about the possibility of dividing the plot in this way, right?

If it is not possible, the plot can still be divided as co-ownership.
Has anyone of you had experience with this and can tell me how this division looks in practice?
As far as I understand, all co-owners are then listed in the land register and the "boundaries" of the plot are clarified in the purchase contract?

Can you then still start building independently of the other party, or does everything have to be coordinated together?

Sorry, but I find this topic a bit difficult.

Thanks in advance.

Best regards
 

toxicmolotof

2017-07-26 16:59:09
  • #2
The building permit at that time is in any case no longer valid and the paper it is written on is not worth anything. It can at most provide an indication of what was once permitted, back in 1995.

Is there a development plan or what determines the possibility of development?

Sometimes plots of land cannot be divided! You should have this checked (possibly for a fee) and always make sure to show the reference to the planned development.
 

Rob1107

2017-07-26 18:03:53
  • #3
So if the property is divided, is the building permit no longer valid??? There is a development plan. And as I said, the building permit from before states that 300sqm can be built.
 

Escroda

2017-07-26 18:42:19
  • #4
The validity period of a building permit is limited (§62 Building Code BW), currently to three years. Presumably, this was also the case in 1995. When did it become legally binding? Does it set minimum sizes for building plots? Does it limit the number of residential units? Does that include development with two semi-detached houses? Yes. If the property is undeveloped and no aforementioned restrictions exist, that should not be a problem. The house is treated like a condominium. There is a community of owners who always decide jointly on building-related matters.
 

toxicmolotof

2017-07-26 23:33:21
  • #5
First clarify the questions that have now arisen, then one can deal with the topic of what if...
 

Rob1107

2017-08-03 21:07:29
  • #6
Good evening dear forum,

in the meantime, I was able to clarify with the building authority that the property will fall under the real division, so we can create two separate plots. A semi-detached house can also be built on the properties. There is a development plan for the plot, which allows for open construction.

Can you explain to me how the real division works in practice now?
Do both parties meet with the owner at the notary and agree in the purchase contract that the property will be newly surveyed and divided as part of the sale, or how can I imagine this?
Are both parties then initially registered in the land register until the property is divided? And who then receives the property tax assessment?

Thanks in advance for your information.

Best regards
 

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