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

I can actually be relaxed about that

It's a pity that you neither answered my question nor took my advice.

Apportionment procedure

It's called reallocation. It is described in the first section of the fourth part of the Building Code (Baugesetzbuch).

Well, the right of first refusal was initially just a expressed concern.

Whether there is a right of first refusal or not is probably irrelevant here, and thus also the GmbH constructions – Ernie just simply wants a building plot.

Since I’m also paying more than the municipality, they can hardly agree

If a land reallocation is planned, the municipality doesn’t care at all. The determination of land values is based on the data from previous years. Therefore, your paid purchase price does not have any effect. No matter what you pay, your plot will be included in the reallocation procedure using the current standard land value for raw building land. From this, your entitlement to building-ready allocation volume results. If you buy now, you’re not making a lucrative deal; you are merely securing a legal claim to a building plot. Whether that is worth 5€/m², I cannot judge.

But it was immediately clear that the sale to me is not the municipality’s favored option

Of course not. They save themselves several negotiations if they already own the land themselves. It's easier to negotiate with a reallocation participant without binding interests than with a prospective builder with location and size claims who also paid above the standard land value.

The development costs were stated as 100-120 €/m². I think the municipality will cover that...

Yes, as a reallocation participant, that has nothing to do with you.

Since the field lies across the building area – how could it not be developed?

Where exactly the field area lies is irrelevant in the reallocation.
Building Code, § 59 Allocation and compensation
(1) From the distribution mass, the owners shall be allocated plots corresponding to the purpose of the reallocation, including areas for compensation according to § 1a para. 3, in the same or equivalent location as the contributed plots and according to the shares calculated pursuant to §§ 57 and 58.
The development plan determines in which area your future building plot will be located. They will offer you several parcels from which you can choose. If you take too long, the other participants will snatch the best parts away from you.

And to that, the hole in the development plan

There will be no hole in the development plan; the negotiators would have to be very desperate for that. It’s more likely that the municipality would forgo the entire building area.

It's a pity that you neither answered my question

The development plan is not public yet. I have been shown the draft by the municipality, which will soon go to the city council....

If you buy now, you are not making a lucrative deal, you are merely securing a legal claim to a building plot. Whether that's worth 5€/m², I can't judge.

My amateur calculation was as follows:
- Purchase of the field for 35€, reversal if it does not become a building area by date X (risk of incidental purchase costs)
- Total cost 115,500 + 5% incidental purchase costs = 121,275€

- Sale of 2,300 m² to the municipality for the current bid of 30€ = proceeds 69,000€ (incidental purchase costs not considered)

- Remaining area 1,000 m² goes into the land readjustment, I get approx. 700 m² back (30% public areas according to the municipality)[QUESTION: Are the 30% of the readjustment lost so neutrally?]

- Development costs of 120€ for 700 m² = 84,000 €

Conclusion:
Purchase price field: 121,275€
Sale of part of field: -69,000€
Development: 84,000€
Total costs: 136,275€ / 700 m² = 194.7 €/m²

No bargain, but this is within the average of the given €/m² range, although 200€ will very likely be exceeded. An advantage might possibly be no construction obligation and some leverage against the municipality in selecting the plot....
Any comments?

I will probably have to take another look at the topic of land readjustment....

Thanks in advance!

Without knowing the details, I will make a few remarks that you should check for accuracy by comparing with reality.

Reversal if it does not become a development area by date X

If the seller agrees to that, he must be well-disposed toward you and could then also endure the land consolidation himself and ultimately sell you a finished building plot.

- Remaining area of 1,000 m² goes into the consolidation, I get about 700 m² back

Only in a distribution according to area (§58 Baugesetzbuch). Also, the last sentence of the first paragraph must be taken into account:
Insofar as the benefit from the consolidation exceeds the area contribution according to sentence 1, the benefit shall be compensated in money.
That means: you will probably have to pay a compensation.
With consolidation based on values (IMHO more common), according to your model you would just invest 1000*30€=30,000€, thus you would only be entitled to about 200 m² at 150€/m² for ready-to-build land.

- Development costs of €120 for 700 m² = €84,000

With the consolidation, you have nothing to do with the development costs. The municipality takes care of that. Therefore, it also collects the consolidation benefit (value increase from raw land to building land). If it was well tendered, usually a good sum remains; with poor planning it pays “on top.” Your influence on this is zero; for those involved in the consolidation it is only about input value (raw land) and allocation value (ready-to-build land, free of development contributions).
I do not know the municipality’s calculation nor your prices for arable, anticipated development, raw, and developed building land. At the moment, your acquaintance’s arable land is probably merely anticipated development land, since the development plan is not yet legally binding. Thus, the municipality probably plans also to capture the value increase from anticipated development land to raw land (hence the displeasure over your purchase intentions), which normally benefits the farmer. You should then enter the consolidation with the entire arable land, otherwise you would start with too little mass and additionally have to bear the surveying costs for the subdivision, unless a preservation order has already been decided. In return, you bear the risk that the consolidation procedure and/or development will be prolonged (a consolidation participant turns out to be a troublemaker, no affordable capacities at civil engineering firms, planning defects, beetle, field hamster, sand lizard, bat, ...) and you cannot build for years.
Interfering in the planning process is a bit like speculating on the stock market. The longer the stamina, the more secure the profit prospects.

For those involved in the land readjustment, it is only about the injection value (raw building land) and the allocation value (developed land, free of infrastructure contribution).

To what extent does the land readjustment "automatically" involve carrying out the development in the meantime before the redistribution of the dice cup? – I recently experienced a case in my circle of friends where the readjustment took place, but after that no development had yet been carried out or even commissioned.

Interfering in the planning process is a bit like speculating on the stock market. The longer the endurance, the safer the chances of profit.

The old Kostolany once said in essence that a good speculator must be able to afford to hold a stock over the time between two wars.

To what extent does the redistribution "automatically" include carrying out the development in the meantime before the re-distribution of the dice cup?

Not at all. There is no automatism and no uniform procedure. Each municipality can do it differently. The guideline is the Building Code, which nevertheless leaves enough leeway to let the number of execution variants run to infinity.

I recently experienced in my circle of friends a case where redistribution was done, but no development had yet been carried out or even commissioned.

Yes, possible, since the allocation depends on the land value in the municipality and not on the actual costs. So in Posemuckel, for example, agricultural land costs €3/m², land expected to be built on €30/m², raw building land €60/m² and developed building land €180/m². Then normally these values are also used as the basis for the redistribution area, unless there are very obvious influencing factors that suggest other values. Valuation is a science in itself; the origin of the numbers should be questioned in the concrete individual case. While the farmer cultivates his field, value 3300m²*€3/m²=€9,900, a member of the municipal council publicly announces the necessity of designating building land at the council meeting and proposes the area around the field. The majority agrees and suddenly the field is worth ten times as much (€99,000). Now the development plan is drawn up, discussed, publicly announced, discussed, adopted, and suddenly the field value doubles (€198,000). And then the redistribution resolution follows. The values are checked again, corrected if necessary, and the farmer enters the process with €198,000. The redistribution office makes parcel proposals based on the development plan and those involved choose pieces according to their claims. So our farmer can choose 198,000€/180€/m²=1100m², depending on demand also more or less against value compensation. But when the municipality begins development is completely independent of this. If the responsible employee is sleeping, long-term sick, or has quit because of a lottery win, it can take years.

Not at all. There is no automatism and no uniform procedure.

Then I understand ...

When it comes to redistribution, you have nothing to do with the development costs. The municipality takes care of that.

... not. Because it sounded as if land automatically developed came out of the redistribution magic hat (?)