Right of withdrawal from the loan in case of missing building permit

  • Erstellt am 2017-02-05 19:59:50

Nico2016

2017-02-05 19:59:50
  • #1
Hello everyone,
the following situation: we have the opportunity to buy a plot of land, but it has the drawback that due to its size it can only be built with a house on the boundary, directly adjacent to the neighbor’s house wall. Because of this fact, we have agreed with the owner that if no building permit is granted, they have the right to withdraw from the purchase contract. The architect's fees and application costs would be borne by the owner. With the architect, we have agreed similarly that if the building permit is denied, we can withdraw with the assumption of the incurred costs.
Now the question: is there a way to structure the loan agreement so that we can withdraw from the contract if the building permit is not granted?
Has anyone had a similar situation?
Are there alternative possibilities, such as concluding a loan agreement after the building permit is granted?

Thank you very much

Best regards
 

ypg

2017-02-05 20:12:42
  • #2
Hello Nico, Is there no development plan that shows _how_ one can build, including bordering the neighbor's house? Why can't the architect read the plan, why no preliminary building inquiry?

Otherwise, I don't think a bank offers alternatives besides their 14-day withdrawal right. It is up to you to decide _when_ a loan is applied for by you.
 

Nordlys

2017-02-05 20:24:45
  • #3
Nico, I know it like this. Initial meeting with the bank. We would, if possibly from you such and such amount? Answer yes, under such and such conditions. So, then I get active and apply for the building permit. Once that is available, I have to submit it along with the self-disclosure, some pay slips, building description with prices anyway. Only then does the bank finalize the loan agreement. We had the building permit in November, started on 22.12., now it’s at the shell construction stage, and only on 20.1. actually signed the loan. Until then, we only had the approval. Nothing legally binding yet. So, take it easy, take it easy. The Prussians don’t hurry that fast either.
 

ypg

2017-02-05 20:31:41
  • #4
Sorry Carsten
First comes the discussion with the builder or architect who prepares a cost estimate, _after_ the development plan is reviewed and the house is planned accordingly.
One can expect a builder and architect to know what is allowed to be built!
The construction costs, which play an extraordinary role in the loan, also depend on this.

Regards
 

Nordlys

2017-02-05 20:48:50
  • #5
Sure. You are right, as women usually are..... That comes first. Plan, price, cash audit and loan approval, application, loan contract. But the latter only with an approved application. Our Volksbank does nothing without the building permit being completed in writing.
 

HilfeHilfe

2017-02-06 07:20:08
  • #6
quite simply NO! So be careful
 

Similar topics
31.10.2008Is a building permit also required for a carport and equipment shed?13
15.02.2011Building permit application12
27.09.2018Cost of building permit in exemption procedure, new construction11
19.03.2015Questions about the building permit21
28.11.2024Neighbor's lawsuit against approved building permit46
18.03.2016Influence of the neighbor in building permit18
21.04.2016Consent for temporary border construction, is a right of withdrawal necessary?19
16.01.2017No building permit as long as the land is not developed?10
04.11.2019Is only part of the building permit enforceable? How long is the building permit valid?42
25.11.2019Exemption procedure or building permit40
10.01.2020Construction loan without building permit possible?17
02.04.2020Architect costs? What did you pay? What price is normal?35
23.09.2020Child construction allowance with non-final building permit49
15.08.2021Duration until the issuance of the building permit in BW57
27.04.2022Building permit after preliminary building approval10
06.05.2022When does the withdrawal period for the loan agreement begin?16
21.07.2023Height reference point boundary construction Brandenburg10
25.04.2023Access to Rear Plot: Legal Situation for Building Permit18

Oben