Sell an apartment from a two-family house immediately after completion

I didn't want to primarily discuss the division of the house now, unless it has tax relevance.

It doesn't. But it is relevant for the fungibility of the apartment. I don't want to buy a two-family house apartment where the neighbor (seller) from above can look onto the terrace or garden if I want to sunbathe naked. Only with a price reduction. Etc. Then the points that just wrote come into play. And if the majority of the MEA is also below, the owners' assembly decides with the majority of your buyer that money should be spent on something. Or even worse - the buyer demands that a reserve fund be established. Then you start paying regularly for renovations in 20 years. The money is then gone if you want to sell your apartment after 10 years, for example.

She doesn’t. But it is relevant for the fungibility of the apartment. I don’t want to buy a two-family house apartment where the neighbor (seller) above can look onto the terrace or garden when I want to sunbathe naked. Only with a price discount. Etc.

Then the points that just wrote come into play. And if the majority of the MEA is also below, the owners’ assembly decides with the majority of your buyer that money should be spent on something. Or even worse – the buyer demands that a reserve fund be established. Then you regularly pay directly for renovations in 20 years. The money will be lost when, for example, you want to sell your apartment after 10 years.

Regarding paragraph 1:
So a prospective buyer of a newly built apartment near Stuttgart who wants a discount because he can’t do FKK undisturbed in the 200 sqm garden has definitely lost touch with the real estate market of the last 10/15 years.

Regarding paragraph 2:
Yes, the loss of the supposed right of determination is a disadvantage of the sale. But I always have to pay house money in a WEG. And as a landlord or owner of the entire property, I also have to build reserves and reinvest.

Then you are also a WEG and every time the heating malfunctions, you have to agree on the cost distribution. And a WEG of two can quickly become really annoying with the wrong person.

Hi ktb09,

I absolutely agree with you. You lose control over the property. It's one of the compromises you have to accept.

Best regards

I did not want to primarily discuss the division of the house now, unless it has tax relevance.

So a prospective buyer of a new apartment near Stuttgart who wants a discount because he cannot do FKK undisturbed in the 200 sqm garden has definitely lost touch with the real estate market of the last 10/15 years.

Also near Munich or Hamburg it would apply that relatively, compared to a floor apartment in a two-family building, a separate-ground-floor apartment (as a WEG semi-detached house effectively is) is clearly more attractive. Even compared to a floor apartment in an eighteen-family building, it fares worse because the probability of encountering the "favorite neighbor" at the mailbox is, I would say, "different" ;-)

I have a building plot but cannot/will not afford to build a single-family house on it.

What does the development plan say about the idea? Some municipalities forbid selling within 2 / 5 years... that also applies to a part, because that is also considered speculation, which they want to prevent. How about the plot?

a) Is there a way to minimize/avoid the speculation tax?

One approach would be, for example, to live in both apartments for the first two years and then sell one.

How do you imagine that? Two separate apartments, you are registered in both... the granny flat as a separate residential unit for the subsidy. You in the granny flat, the wife with children in the other (main) apartment...
and then probably some kind of deconstruction again, which costs money.
4 parking spaces, an additional balcony or 2 terraces, double bathrooms, etc. that costs more than a small house... You have to advance the money first.

I even did that, but no one wanted it because most people don’t want to deal with the building organization, but want a finished property.

Maybe the "half house" should be offered somewhat differently. Who wants to join a private person?
Why don’t you look for a general contractor who builds for you or then for you all? That is much more sovereign for everyone than if someone who (sorry) is an amateur at building wants to take care of the house construction.

But the idea would then be to sell 2 condominiums, including the lower one with the garden, and keep only the upper one for myself.

Phew, with that you really go on the defensive.

The thread was aimed at clarifying which costs, especially taxes, will arise for me in case of immediate sale.

Yes, but that strongly depends on what exactly you want to sell. That makes a huge difference. See all the answers regarding the division into residential units. Especially if you only live upstairs, the downstairs has more shares in the entire property and can impose renovation measures on you that you have to pay for proportionally.
With a proper plan, you can then look at what optimization options exist concerning taxes, etc. But generally: only the profit is taxed. (Just in case: Profit = Selling price - Purchase price).

Regarding paragraph 1:
So a buyer interested in a new apartment near Stuttgart, who wants a discount because they can’t do FKK undisturbed in the 200sqm garden, has definitely lost touch with the real estate market of the last 10/15 years.

And what if the neighbor is totally easygoing and does FKK even though you can see it and don’t want to? ;) Anything can happen. But that doesn’t matter here.

Realistic and goal-oriented are exactly two options:
- You own everything and rent out the part you don’t need
- You split the property into two plots and sell one. Of course before you have built the second half!