Purchase advice: Land division, right of way & further planning

Hello everyone,

Over the past three-quarters of a year, I have spent quite a few evenings here in the forum as a silent reader, and now the time has come for me to actively seek your help. For a year now, we have been actively looking for existing properties or building plots and face the same problem as everyone else (lack of supply). Now, we have been offered a plot in a good location, about which we currently have some questions.

It concerns parcel 47 (see screenshots attached), which is currently about 1800m² in size, and the current owner wants to separate off a piece about 800m². We had previously assumed that the plot would be divided in a north-south direction, but the owner wants to make an east-west division and sell the southern part (area outlined in red).

The owner already planned to make this division once in 2016, but then left it aside for the time being. At that time, discussions were already held with the planning and civil engineering office of the municipality. Access seems only possible via the northern road, so this is to be implemented through a right of way for pedestrians, vehicles, and utilities. The existing building permit area was also discussed then, and according to the owner’s information, this would be retained with the division (is that usual?), with the authority having given positive signals regarding a slight extension. This is also absolutely necessary because otherwise only a very narrow townhouse-type house could be built. The owners’ suggestion or wish is to build directly south next to the existing house (practically like a “semi-detached house” - sketched in orange) and to enable the access via a newly created path (outlined in blue).

The location of the plot is great and the price (approximately the standard land value) very good. Especially since it is practically impossible to get any plot in the near future otherwise. We are, however, wondering what we would be committing to financially in particular. Our biggest questions/uncertainties:

1.) Access: The access is about 30 meters long solely on the neighboring property; if we build the house as planned, it would be just under 50 meters long. This will likely be a significant cost factor regarding connection to the networks as well as paving. I assume we will have to contribute at least partially to the construction of the path (not yet discussed). Are there any potential issues linked to the right of way for pedestrians, vehicles, and utilities if everything is legally handled correctly?

2.) Although we live in the flat Münsterland region, the southern part of the plot slopes slightly downward. I suspect this is another cost driver, correct?

3.) A small stream runs south of the plot, which usually dries up in summer and is currently slightly filled (see photo). We would build without a basement anyway, but is this still a risk factor? On the flood hazard map for NRW, the stream is not shown at all.

4.) How high do you see cost drivers here compared to a “standard” plot (rectangular, flat, directly on the road)? We do not want to build an unusual house; a “standard 150m² family house for 2 children” would be sufficient and financially manageable. If it is clear that due to the situation, six-figure additional costs compared to a “standard plot” will arise, then the whole thing becomes financially uninteresting.

At the moment, we are basically optimistic and can well imagine continuing to pursue the matter. The most important issue will definitely be clarifying the extension of the existing building permit area. No decent house can be built within the current building permit area, so some kind of certainty must be established before buying the plot. Therefore, our next step, should we get a general commitment from the owners, will be to go to the local architect with all the documents so that they can properly clarify the building feasibility.

Are there any other opinions or feedback?

Best regards
Malte

The access situation is completely stupid. To the west or not at all. Or the house is placed more centrally so that the driveway from the north leads directly to the carport. Make sure to save on the driveway and utility lines; that will become very expensive and affect your private enjoyment.

The idea of the "duplex" building will fail because of its south-facing windows. There needs to be a 3+3m distance there; otherwise, he will be looking at your north wall.
The location of the building is also nonsensical for you. Except for the fairly large part to the west, you only have disadvantages. In my opinion, the house should be placed crosswise on the property with the garden to the south. Garage in the west. But he probably won't want that.

Since the seller's side has been planned for a longer time and consultations were held with the building authority both in 2016 and now, I assume that development from the west will not be possible. Otherwise, there would not be the proposal for a right of way over his property, for which the access road would then have to be constructed exclusively for us.

From my point of view, the biggest question is to what extent development is permissible. The existing building area is mostly on his part, so that on "our" part there is only an area of approximately 6m*17m directly adjoining the south side of his house. Without an extension or a complete redefinition of the building area, I do not see any sensible development possible here.

The "semi-detached house development" he proposed would actually directly adjoin the existing house. There are only two smaller windows on the south facade, which are to be closed in this context and the rooms behind them re-purposed as utility rooms.

Best regards Malte

In the west, there appears to be a public park strip. Annoying.

With 6m, you won't build anything, at best a small terraced house. Important point, yes.
The costs of development will fall to you, including the land consumption.

I think ultimately it is about gaining the highest possible certainty regarding two aspects before making a decision:

1.) Buildability: An extension of the building envelope is unavoidable and must be ensured before purchase. From my perspective, the seller would have to carry out the subdivision accordingly and clarify this aspect before a purchase can take place.

2.) Cost estimation: We need to have a reasonably clear picture of what will be required in terms of development. This can probably be best clarified by a local architect, whom we would then have to engage at our own expense before purchase.

Best regards Malte

That will not be approvable. As far as can be seen in the picture, there is still no rear development at the neighbors either. The development is nonsensical and expensive, you can certainly expect an extra 50k there. Münsterland is also (except for Münster itself) not exactly a high-price area, so something else must be found.