Purchase of land from the market municipality - Internet guarantee, land area number, financing....

Good evening,

we have unexpectedly been awarded the contract for a plot of land from a market town. By 06.01., one must now report if they do not want the plot after all, otherwise the draft purchase contract will be prepared by the notary.

Now my partner and I have an incredible number of questions:

[*
The municipality advertised at an information event that the plots are connected with fiber optic for fast internet. Who guarantees that? Can one demand that this becomes part of the purchase contract? (Without 100mbit upwards, I am professionally ruined)
[*]Is it rather sensible, despite having equity, to partly finance the plot in order to keep the equity essentially for the house to enter a better interest rate range?
[*]Are there model contracts for unmarried couples regarding property distribution based on the monthly installments contributed?
[*]The floor area ratio is relatively low at 0.35 and thus corresponds to only 160sqm for "our" plot.
The problem here now:

[LIST]
[*]10x10 meter house == 100sqm
[*]6x6 meter double garage == 36sqm
[*]6x6 meter parking space in front of garages == 36sqm
[*]A path to the house entrance == 20sqm
[*]Space for trash bins == 4sqm
[*]Terrace == 34sqm
[*]Garden shed == 10sqm
[*]Total: 240 sqm
[*]The municipality’s “building guide” already requires three parking spaces to be constructed, thus house + garages + parking spaces already exceed the permissible area...
[*]There is not even a finished development plan yet – how can I be sure that I am even allowed to build the house I want?


[*]Is it customary that the purchase contract from our side can be tied to certain conditions? e.g.


[*]Internet >100mbit
[*]Soil quality (as costs for earthworks depend on it...)
[*]Noise assessment (plot is located on a state road)

Is there a book or similar that deals with such matters that you can recommend?

Thank you very much & regards

The municipality advertised at an information event that the plots would be connected with fiber optics for fast internet. Who guarantees that? Can it be demanded that this becomes part of the purchase contract? (Without 100mbit and up, I'm professionally ruined)

Shall we try and see if it works? I think there will be standard contracts – take it or leave it.
What do you need such fast internet for?

Is it more sensible, despite equity, to partially finance the plot to basically preserve the equity for the house in order to get into a better interest rate bracket?

(Almost) completely irrelevant. A plot from equity has the advantage that you can later choose the bank without having to deal with a switch.

Are there sample contracts for unmarried couples regarding ownership distribution based on the monthly installments contributed?

If you finance together, each debtor is jointly liable – there are no sample contracts, for that you ask and pay a notary. Or just get married ;) – if you're already taking on the adventure of building a house together.

The floor area ratio is relatively low at 0.35 and thus corresponds to only 160 sqm for "our" plot.
Problem here:

[*]10x10 meter house == 100 sqm
[*]6x6 meter double garage == 36 sqm
[*]6x6 meter parking space in front of garages == 36 sqm
[*]A path to the front door == 20 sqm
[*]Space for garbage bins == 4 sqm
[*]Terrace == 34 sqm
[*]Garden shed == 10 sqm
[*]Total: 240 sqm
[*]The "building manual" of the municipality already requires three parking spaces, so house + garage + parking spaces exceed the allowable area...
[*]There is no finished development plan yet – how can I be sure that I am even allowed to build the house I want?

Google "floor area ratio," 0.35 is completely within the norm – many development plans have that (or 0.4).
Besides, you don’t even know yet how large the terrace, paths, etc. will be ;). Also, you are currently paving your plot with four parking spaces, maybe one normal garage (or elongated) + two parking spaces is enough – that is, discuss your wishes with an architect.
Does it have to be a 10x10m house? With two full floors + attic conversion, that will be a huge house.

There is no finished development plan yet – how can I be sure that I am even allowed to build the house I want?

Not at all!!!

Is it common that the purchase contract from our side can be made contingent on certain conditions? e.g.

[*]Internet >100mbit
[*]Soil quality (since the costs for earthworks depend on it...)
[*]Noise report (plot is located on a state road)

No, absolutely uncommon. Especially in a time when buyers are competing for good plots, the seller has no reason to accommodate the wishes of perhaps dozens of buyers...

Thank you for the reply :-)

Trying yes, to see if it works? I think there will be standard contracts – take it or leave it. Why do you need such fast internet?

Well, you know that all the fun programs and adult videos need traffic.
But joking aside: well, I am self-employed in my own four walls – without fast internet, my business is not competitive.

(Almost) absolutely irrelevant. Property purchased with equity has the advantage that afterwards you can choose the bank without having to deal with switching issues.

Ah, interesting aspect, thanks for the tip! So far we have perceived bank discussions (we actually wanted to buy a young property) as meaning that the best interest rate is only possible from 40% equity onwards. That’s why I actually wanted to save the equity for the large financing amount...

If you finance together, every debtor is jointly and severally liable – there are no standard contracts for that, for which you ask and pay a notary. Or just get married ;) – if you’re already daring the adventure of building a house together.

That was clear to me regarding the loan contract – we are more concerned about actual ownership outside the financing contract. So a kind of agreement along the lines of “ownership distribution is based on the amount of payments actually made into the loan contract on the day ownership shares are levied” or similar. Even with marriage that would somehow have to be regulated in case of separation of property… This has a background in terms of securing ownership due to the self-employed activity.

Google “floor area ratio,” 0.35 is completely within limits – many development plans have that (or 0.4). Besides, you don’t even know yet how large the terrace, paths, or similar will be ;). Also, you are currently paving your property with four parking spaces, maybe actually a normal garage (or elongated) + two parking spaces will be enough – talk to an architect about your wishes. Does it have to be a 10x10m house? With two full floors + attic conversion, that will be a huge place.

There are several reasons:

[*]We don’t want a big garden, it would only be work...
[*]It should come to about 140 sqm living space – everything we have looked at so far was always about 10x10 meters of floor area
[*]Plus then the office and working space of about 30-40 sqm.
[*]The building guidelines require two parking spaces per residential unit, one more per commercial unit. The areas in FRONT of the garage do not count as separate parking spaces according to the plan...
[*]With 2 full floors, the attic may not be converted...

Take a look at the draft here :)

Not at all!!!

Does that mean you lose your life savings? I find that quite disturbing...

No, absolutely uncommon. Especially in a time when buyers fight over good plots, the seller has no reason to comply with the wishes of maybe dozens of buyers...

Damn :(

Hello,
we also bought from the city and our contract included clauses about the ground conditions, what connections were laid during the development into the street, and that we have to comply with noise protection regulations because of a federal road nearby müssen.
Everything should be free of charge until the notary appointment (that was the case for us), so that you will receive the contract beforehand (> 2 weeks is usual) and can calmly read through everything. And we had several contact persons (and still do) at the city for any kind of questions. So if you like the location and the price, confirm the reservation and then check the contract for everything that is important to you.

Regarding the partnership: if it is worth the money to you, go to a notary and have a contract drawn up accordingly. I would not build with someone if both are not listed in the land register. I assume that both partners earn as much as they can (according to education and market situation) and therefore I would not come up with the idea of dividing the house anything other than 50/50. And I know both sides, I have earned significantly less than my then husband and currently earn more. Times of raising children are usually planned together, in my opinion the loss of earnings is compensated by the care time.
Regards

Land bought with equity counts as equity for the bank, so no worries.
Don't confuse the plot ratio with the floor area ratio; 0.35 is relatively high. Usually, the ancillary areas are doubled on top of the plot ratio: applies to paths and auxiliary buildings such as garages.
Division in the partnership: there are several threads about this here... Best is 50:50 ownership division.
I would include fiber optic in the notarized contract :)

Glasfaser würde ich in den Notarvertrag mit einbinden :)

Dito, me too. Otherwise, you end up stuck with Mickey Mouse internet. And it should be specified with a date, not fiber optic in the year St. Sometime. Especially given the conditions described by the OP.