Property transfer

Hello

I am new here and looking forward to an exciting time with all of you

We actually wanted to start building our single-family house this summer.
The only thing missing was the land transfer from my parents-in-law to us.
On Monday, a notary / employee was at their place to "take a look," as she said. The notary or the person who can measure it (it is not the whole plot but only a part, since it is located in their garden) can come only in 3 weeks (very busy). Then unfortunately they will be on vacation, so it will probably be more like 5 weeks...

He told them that it will take about 3-4 months until everything has gone through the authorities.

And the building permit itself will take another 4-6 weeks according to the construction manager. So it probably won’t happen this year anymore

Can that really be true? Does it really take THAT long?

That really shocked me when she told me about it yesterday.
Is there nothing that can be done?

The construction manager once told us in a conversation that there is also the possibility to start building before the transfer is completed.
But since we thought it would be quick, we didn’t talk more about it.
Now he can only be reached again on Monday.

Do you know exactly what he meant and how that works? Is it very risky or common?

Thanks to you all.

Best regards
Novi

Hi,

we have partitioned off a part of my grandma’s property. The surveyor was there on 11.09.14, the notary appointment for the transfer was then one month later, and then it took a few more weeks until the land register for the new property was created at the district court (luckily, here in the countryside we have a fast district court, elsewhere it often takes much longer).

So I thought the time was okay for us since we weren’t in a hurry anyway (construction wasn’t starting until March 2015), but if you want to start this year, it might really be a bit tight.

If your parents-in-law agree, there is definitely a way to start building anyway. You just have to make sure not to fall out with them, because your house would then be on their land.
There are also plenty of families where the children’s house is attached to the parents’ house without the property being divided, so it must be possible somehow...

Wishing you good luck that everything goes through quickly and you can start on time.

Hello

one question, has the property already been surveyed?

In my opinion, you do not have to wait with the building application until the land registry offices etc. have completed the whole process. A notarized contract should also be sufficient for a bank.

Unfortunately, due to the boom, the officials have to work harder

The construction manager once told us in a conversation that there is also the possibility to start building even without a completed transfer.

That is theoretically possible.

but:
If it has to be financed, the bank will definitely not go along with it.

Because then you are not only building on someone else's property.
Furthermore, § 946 of the Building Code then by operation of law ensures that the "structure" legally belongs to the landowner (!) through connection with the land (which in turn leads to claims for compensation in money).

Banks do not like any of this.
Practically, this is not possible unless you pay in cash.

Thank you for your quick and kind responses.

Yes, that is probably correct.
I also don't believe that our bank would support that.
They count it as "equity" for us, and that certainly won't work anymore if it doesn't officially belong to us yet. That changes everything again...

Oh man, things went poorly, but then we just have to wait.
Unfortunately, I am a very impatient person (not particularly advantageous when building a house)... but I have to get through it...

Best regards
Novi

That is theoretically possible.

Banks don’t like any of that.
Practically, it doesn’t work unless you pay in cash.

Hmm. We manage several properties annually in both the private and commercial sectors where it runs exactly like that, and I would venture to say that just in NRW alone this year several thousand (!) development approvals are processed in such a way that (partial) building permits are issued and money from banks flows, while the subdivision is still in the large pile at the cadastral office and/or land registry office.

With current processing times of several months (!) in some cadastral offices, in some cases there is simply no other way if you don’t want to waste a lot of time.

Best regards
Dirk Grafe