Sale of arable land / land with development potential to private individuals instead of the municipality

Hello everyone,
I would be happy if someone could shed some light on this. So far, I haven’t found anything suitable in forums...

The following situation:
The field of an acquaintance (3300 m²) is located in a future development area. The development plan is drawn up but not yet adopted. This is supposed to happen shortly once the municipality has acquired enough area.
The purchase contract from the municipality is already available to the acquaintance, €30 per m². He has no interest in building plots and would sell to the municipality. He also does not want to divide the property, as he has already sold 2 other properties.

Since I am looking for a building plot, it is planned that I buy the property at a slightly higher price, e.g. €35/m². Conversations have already taken place between me and the municipality; however, this option is not their favorite...

The municipality plans development costs of €100-120, and the price of the building land is €180-210.

Several questions remain open for me:

[*] Am I at risk from the municipality’s right of first refusal? The city would have to pay at least the same price for this, right?
[*] Does anything change regarding the right of first refusal once the development plan is in place and official?
[*] If I want to keep a plot of 700 m² and give the rest to the municipality, do I have to subtract 1000 m² because 30% are also lost on the own property due to the apportionment procedure?

Thank you in advance for your effort.
ernie

Am I at risk from the municipality's right of first refusal?

First, it must be checked whether a right of first refusal exists at all (§§24ff Building Code). Where exactly is the development plan located (has the public display already started or been completed)?

The city would at least have to pay the same price for that, right?

If one exists, the municipality can enter into the purchase contract, i.e., they buy under the conditions you negotiated with the seller.

Does anything change regarding the right of first refusal once the development plan is established and official?

The question cannot be answered generally. At least read §24 of the Building Code. Maybe then you can ask the question more generally or specify it with plans.

If I want to keep a 700m² plot and give the rest to the municipality, do I then have to deduct 1000m² since 30% of my own plot will also be lost due to the apportionment process?

That depends on the municipality's plans. Presumably, a land readjustment according to §§45ff Building Code is planned. Usually, distribution is based on values (§57). Then a land balance is hardly calculable in advance.

I don't think it will be that easy for you. Even if you could acquire the property prematurely and directly. Who would develop the property? The municipality probably has no interest in developing your property at cost price, which was snatched away right under their nose. If the municipality takes over the development, will an investor be brought in to handle the entire process, or will the municipality commission someone for the development? I think in all cases you cannot be sure that your property will be developed you won't have to pay an x-% surcharge on the planned development costs as a handling fee a smooth process is possible

Solution: Buy a GmbH from your acquaintance that owns the field.

The development plan is drawn up but not yet adopted. This is supposed to happen shortly once the municipality has acquired enough land.

I read this as a clear indication that you will make yourself very unpopular with the municipality if you try to extract a little piece from there. Do you know the plan well enough to "cut out" a suitable plot?

If I want to keep a plot of 700m² and hand over the rest to the municipality, do I then have to calculate out 1000m² since 30% are also lost on my own property because of the apportionment procedure?

At least, yes. But as already wrote, relying on this quite common "flat rate" does not guarantee safety, as it can also be apportioned based on values. However, the principle of "adding on" the public development and other communal areas to be handed over is already the right approach in principle.

Solution: Buy a GmbH from your acquaintance that owns the field.

Since a "mere" like is easily overlooked, I am quoting fully here exceptionally.

First of all, thank you very much for the feedback!

My acquaintance has already spoken with the municipality about the potential sale to me – and I have therefore also been to the city planner and the responsible clerk and have seen the development plan. Generally, there was also discussion about the selection of a plot, even though it was not finalized. In the development area, there are several landowners who want to keep a building plot according to the apportionment procedure. But it was quickly clear that the sale to me is not the municipality’s preferred option.

Regarding the pre-emption right: I can actually be relaxed about that: Since I am also paying more than the municipality, they can hardly go along with it – otherwise the municipality would be disadvantaging the other sellers...

Regarding development: The development costs were specified as 100-120 €/m². I think the municipality will take care of that... Since the field lies crosswise within the development area – how could it then not be developed?

Regarding the purchase of a GmbH that owns the field: Where exactly is the advantage? (Except that there presumably is no longer a pre-emption right?)

Thank you in advance for your patience and effort!

ernie