Subdivision of land before demolition

Hello everyone,

We want to buy a demolition property together with another family. The rough plan is: Buy --> Demolish --> Survey --> Divide --> Build two houses.

The existing house is located on the future boundary that should divide the property.

This plan has the disadvantage that we initially buy the property together and secure the loan with "a property part area yet to be surveyed" (per family). And we would probably have to commission the same bank for both families (we already know that not all banks go along with this).

It would be an advantage for us if we could work with any bank. Could we somehow do the surveying and dividing before the purchase/demolition? Of course, here we commit to demolish after the division.

Thank you very much in advance!

that we buy the property together at the beginning and secure the loan with "a part of the property area still to be surveyed" (per family).

Where is the problem? A property is registered with the obligation to release the lien. The second party does it identically. Daily business for almost any bank (online banks struggle with this)

Could we somehow do the surveying and splitting before the purchase/demolition?

Property. yes. Somehow? With a surveyor

Could we somehow do the surveying and partitioning before the purchase/demolition?

No, or only if a subsequent unification easement is registered, which is later reversed. No building law violation may arise from a property division: however, building over a property boundary with a structure is such a situation that would arise after the division. Whether there is a building law compliant solution for this can possibly be assessed by a skilled publicly authorized surveyor - whom you would then definitely have to commission for the further process. The responsible approval authority (district building office) or the land registry office should also be consulted to see whether there are any fundamental concerns regarding such a division.

So with us it was like that and there were no problems with the banks. The notarial purchase contract just has to provide for it that way in advance. The notary then knows what is needed.

The surveyor has more of a problem with actually recording the division before the demolition. (The surveying itself is not a problem). Unfortunately, I don't remember exactly how it was finally carried out with us. I think the surveyor said he would probably do it that way anyway, but it would be better if it is demolished, because otherwise he would have to come again to make sure that there really are no more buildings on both properties. I think we did him the favor and saved a trip + 30 minutes of work. So ask the notary who makes the contract/inform them, they will formulate the contract so that it fits for the banks... The actual division can then also take place later. It is not even important for the building application (the site plan from the surveyor showing how it will be is sufficient). However, I am talking about Berlin. No idea if there are different hurdles in other federal states.

I would first clarify whether a subdivision and then two single-family houses are possible according to the state building code and/or the development plan. I would have this confirmed in writing by the building authority.