Question about purchase price for traffic area (private road)

We are still at the very beginning of our construction project and would like to purchase a plot of land. The plot includes a private road. Proportionally, 1/4 of the traffic area must also be purchased. We are somewhat confused about the purchase price per m².

In [VerkFlBerG], § 5 (Purchase price and land value determination for traffic areas; compensation for easement) (1) For traffic areas, the purchase price amounts to 20 percent of the land value of an undeveloped plot of land located in the same area at the time the right is exercised according to § 3 para. 1 or § 8 para. 2.

The price of the plot of land is 225 euros per m² and the share for the traffic area of the private road is 55 euros per m² (at 20% the purchase price would be 45 euros per m²).

Question: Is the seller bound to comply with the paragraph in [VerkFlBerG] when setting the price, or can he determine the price himself?

Hello,

Question: Is the seller obliged to adhere bindingly to the paragraph in the VerkFlBerG when setting the price, or can he determine the price himself?

§ 5 Purchase price and land value determination for traffic areas; compensation for easements

(2) As far as land reference values pursuant to § 196 of the Building Code are available, the value of the property should be determined accordingly. For arable land and green areas, the value should be determined according to the regional value rates within the meaning of § 5 para. 1 sentence 2 of the Land Acquisition Ordinance of December 20, 1995 (Federal Law Gazette I p. 2072), last amended by Article 3 § 61 of the Act of February 16, 2001 (Federal Law Gazette I p. 266), if no land reference values have been determined. Any party involved may demand a provision deviating from sentence 1 or 2 if there are indications that the land reference values or regional value rates are unsuitable as a basis for determination due to an atypical location or condition of the property.

I currently have a similar case here in the Rhineland; the sale price of the municipality is also more than 20% above. If you want the property, you will have to pay the stated price. Further provisions < e.g. spreading obligation etc. > will also be part of the notarized purchase contract.

Kind regards

Hello construction expert,

thank you for the message. By the way, I come from the Bergisches.

The higher percentage (24.5%) for the traffic area amounts to almost 1,000 euros. It's a bit annoying, but because the plot is very nice and we can build there without a basement, we want to buy it. Flat plots are unfortunately very rare in our area. The price of the plot is also higher there, but the building authority said the price would not be unusual in this location.

Best regards
bintang

Hello,

By the way, I come from Bergisches.

Nice area

... Flat plots are unfortunately very rare in our area.

True enough, so grab it if the building regulations are not outrageous (it can only really become problematic if a certain person is responsible at the BA Rösrath )

The plot price is also higher there, but the building authority said the price would not be unusual in this town.

Depends on where the plot is located - there are also - as everywhere else - sought-after and less sought-after plots

Best regards

Good morning construction expert,

We like Rösrath very much, but the available plots were either too expensive or less attractive.

We will have to deal with the building authority in Kürten. Actually, we wanted to move away from there. Long drive to the highway, many places without infrastructure, and the more remote the place, the worse the telecommunications network (especially internet) :mad. This place is closer to the highway, has infrastructure, the plot is nice, and the price is okay. The building regulations also do not seem too strict at first glance.

Best regards
bintang