Sequence in house construction in difficult starting position

I understood the situation to be that there are different timing intentions for implementation, which worries you (apparently as the more urgent party). How long is the gap? From a structural-technical point of view, there is no problem separating the two construction projects. I would make an agreement with the owner and the delayed co-builder that the property is divided into two parcels. With this division, you then become operational. To what extent the division can proceed despite a building part currently extending beyond the division boundary and what consequences and possibilities arise from this, you will learn most precisely from your responsible building authority.

The problem is that the other party does not want to commit at all yet and we are running out of space. The project will take at least 18-24 months before you can move in, so we want to start immediately. The other party wants to do as much as possible together because they think that you can save four- to five-figure amounts, we want to start quickly and not spend months looking for a compromise. Can I do nothing without a subdivision? And does this require a demolition? Yes, I will ask the building authority, unfortunately they are very, very stingy with free information.

So whether you can do something without parceling, theoretically yes. But in the end, it is just the case that the other co-owners of the property would basically also own a share of your house. A clean solution is really only if you have the property divided so that everyone can build on their part. But if Party 2 is in no hurry, then the whole thing is correspondingly difficult. So it depends on how Party 2 sees the division or whether this is even possible with the existing buildings. The question is also, is a partial demolition possible in such a way that only the part on your potential plot is torn down? On the left part, more or less the sheds and a small remnant of the house are standing, right? So I think without agreeing with Party 2 it will be very difficult, and the best way would be a complete demolition and division.

If you manage the division, you are through. If the other party wants to share costs, they just have to start earlier. There isn’t much synergy in it. Apart from the property division, you don’t need an agreement.

Unfortunately, you still haven’t managed to bring me along in terms of understanding with the cadastral excerpt. Especially with your left red part that remains standing, you confuse me: are those the garage and shed of house no. 36 that you want to leave standing? What I think I have understood is: you are the owner of the property house no. 36; you want to divide this property for development, it will be developed by two parties together with another prospective builder but not planned jointly; as I said, I still don’t follow what is supposed to remain standing; the properties house no. 34 and 34a don’t belong to you, here only the information about the attachment obligation is relevant. Now you want to mark out the part of the property to be sold to your building neighbor, but the new boundary is still built over by a building that then crosses the boundary. Now not only have I not yet understood which part is to remain standing, but you yourself are also not quite decided on that yet – you confuse me further by being more in a hurry than the building neighbor to start your new construction. I hope it becomes reasonably clear to you that it is no ill will on my part if I am completely lost and have no idea in which Bohemian villages the Swabian railway actually stops. Regardless of the case-specific confusing situation for me, you want to know whether a subdivision survey of an already built-on property is possible. You should then receive a qualified answer to this question if you manage to make wiser from your explanations than I am.

: I understood the whole thing as him being the owner of the entire plot 36 together with other (or one other) family members. He himself wants to build on the right part and the second party maybe on the left part, but he’s not exactly sure yet and is not in a hurry. Now a solution is being sought so that the original poster can build and party 2 can possibly still think about it.