Right to information from the notary even after purchase?

No Alex, I remember that he already talked about this here, with the tenor that the notarial contract includes takeover of the connection costs by the seller, only it is disputed whether up to 10 m or no matter how far. Seller says, up to ten.

Well, that’s a point you should actually clarify before signing. Provided it’s known that there is something to clarify. If the purchase contract says "incl", then it’s included. The city can’t come afterward with the 10m rule if that isn’t in a statute or something. My feeling. I would ask a lawyer.

We even asked that before signing in the sense of "is that all? Is there anything else coming?" and the answer to that was "No" – and exactly that no I would like to have confirmed.

But you now have a dispute with the municipality, they apparently interpret a contract clause differently than you.

The municipality has so far only tried to intimidate – the invoice is from a private company, as is the reminder. The company has not yet provided proof of a commission or contract and has not further responded to the substantive dispute of the invoice.

The municipality is taking sides here and wants to ensure that the addressed property owners (there are dozens...) pay up obediently. Some people were summoned to see the mayor, who then "gave them a lecture"... Especially since I am not a lawyer, I would have liked to ask the notary in the sense of "Is it correct that all water costs are covered by the purchase contract?" and get a binding statement about it. Just like at the signing, only in writing.

The connection of the house will not be part of the notary contract at all. It regulates the development, i.e. up to the property boundary, construction cost subsidies, etc. can be taken care of with it. The house connection is quite a different story.

Yes.. that’s exactly it. As I interpret it, the entire house connection is included. The only one who can say that for sure, apart from a legal dispute, is the notary who wrote the contract. And I want to avoid escalation with a lawyer etc. :)

How is the community (or whoever) supposed to know where you are putting your house?

There is also a difference between development costs (up to the property boundary) and house connection costs (on the property).

Reminders are also relatively easy to handle. It only gets interesting when a payment order arrives at your door.

I still wonder who placed the order for the house connection, because it seems to be about these costs.

How is the municipality (or whoever it may be) supposed to know where you put your house? There is also a difference whether one is talking about development costs (up to the property boundary) or house connection costs (on the property). Reminders can also be taken relatively calmly. It only gets interesting when a payment order lands in the house. I still wonder who commissioned the house connection, because it seems to be about these costs.

The commission is the crux of the matter for me as well. It wasn’t me. My site manager also writes to me that he did not commission the company. The company itself once said in a telephone call (which one can no longer remember now...) that it was commissioned by the municipality.

Therefore also my answer: Please contact the client.

The statute says the following for us:


Here, the property connection is equated with the house connection



As a result, the municipality is obligated to connect.


The one at 1) is also a thing: If I pay the company’s invoice, the connection belongs TO ME. Not to the municipality... should I charge 1€ for every liter of water as a path fee? :D

At 3) it is clarified that the municipality builds the house connection.

Let us come to the costs according to the statute (and it was exactly the same in the purchase contract)



These are also the ONLY reference values for the costs – there is no mention of a length restriction.

The purchase contract then states:

The buyer further undertakes to make advance payments to the seller for the production contributions for water supply and wastewater disposal according to the Municipal Charges Act (KAG) and the municipal statutes as follows: For the construction of the facilities for water supply per square meter of property area an amount of €3456...

The amounts are final; any additional claims or refunds are generally excluded.

The market municipality furthermore points out to the buyer the following: Each building plot in the development area receives a water house, a sewage, and a rainwater connection within the framework of the initial development.

I simply do not see anywhere even the slightest indication that extra costs for the water connection arise for me beyond a certain length, which I should pay to a company from the private sector unknown to me.

I have been trying for over 2 months to get a basis for the invoice from both the municipality and the company. There were three responses:
- the submission for an intimidating talk
- the information with “we’ve always done it this way”
- the reminder

I am not very keen on turning this into a legal dispute now. If the matter is to be paid, then it is. If not, then not. Hence my wish for reliable information through the notary.

The 3.xxx euros paid? Then just wait until the payment order arrives. Then you have to respond and possibly object. Until then, you should have already consulted a lawyer in advance, because from the moment of delivery you have exactly 14 days to react. And not a minute longer.

What good does it do to philosophize about it now? We only know what you provide us. We do not know if somewhere there are still some clauses hidden somewhere or referenced.

What I know: That somewhere a certain amount of service length is included and it costs extra beyond that... yes, we know that. With gas, electricity, water, cable, it was like that for us.

What use is it to you to philosophize about it now? We only know what you present to us. We do not know if there are any clauses hidden somewhere or if any reference is made to them.

;-) Exactly, I don't know that either – that's why I would like to have the statement from the notary. Once again my original question: is there a right to information in this regard?