Subdivision of land with existing old structures

Hello everyone,

Since this is my first post, I would like to briefly introduce myself. I am Felix, 29, and come from Fürth/Bavaria. My wife and I are currently planning our single-family house.

We currently live on a large plot with an old building that belongs to my father-in-law.

In this house live my brother-in-law with his partner, as well as my wife and me.

Additionally, there is a tenant party, which only has a temporary rental contract until 06/24. It was concluded a year ago, as the planned construction project was already known. The impending demolition due to the new construction was clearly communicated to the tenants and is stated in the rental contract/was confirmed.

In total, two single-family houses are to be built on the plot. Ours and my brother-in-law’s in the second row.

The plot is very large. A subdivision similar to the surrounding plots is necessary. Construction in the second row is also permitted. There is already an access road through the front/our part of the plot.

The demolition of the existing building will precede the construction in mid-2024.

Now to the topic that interests me: We would like to arrange the ownership rights already now. The claims within the family have already been demarcated, the imaginary property boundary is known.

The only problem here is that the old building, which makes both constructions impossible anyway, is in the way of this property boundary, and therefore I find a subdivision at this point in time difficult.

Since I can/want to sign a reservation contract for a house only after successful approval and confirmation of construction financing (without actually owning the property, it won’t work anyway), the ownership rights need to be notarized now.

Is there a possibility to record this boundary already in the land register, even though the old building is still present?

We don’t want to wait until the demolition in mid-24, because construction is supposed to begin immediately afterward. That would only unnecessarily delay everything and also increase costs given the current market situation.

I am already very grateful for your advice. I am not seeking legal consultation, just some input on this topic.

An appointment with a notary is inevitable anyway.

Thank you very much and have a nice weekend

Go to the notary. He will advise you on what is legally possible, when, and how.

Hello Felix,

a site plan would have been helpful. Do you have one to upload?

A subdivision in advance will probably not be possible, as this would likely result in illegal conditions, such as the old building standing on two plots or its setback areas extending beyond the property boundary or similar. The building authority will not agree to that.

As far as I know, a building permit is independent of ownership rights, so one is allowed to build on someone else’s property if it is legally clarified under civil law.

So theoretically, you could already have a building application prepared and submit it to the building authority, showing the demolition of the old building, the new subdivision, and the newly planned houses. If it is approved, you could take care of financing, etc. in peace.

Hello Felix,

a site plan would have been helpful. Do you have one to upload?

A subdivision in advance will probably not be possible because it would likely create illegal conditions such as the old building standing on two plots, or its setback areas extending beyond the property boundary, or similar. The building authority will not approve that.

As far as I know, a building permit is independent of ownership, so you are allowed to build on someone else's property if it is legally settled under civil law.

So theoretically, you could already have a building application prepared and submitted to the building authority showing the demolition of the existing building, new subdivision, and the newly planned houses. If it is approved, you could take your time to arrange financing, etc.

Attached is the site plan.

Thanks a lot for the tips already.
Green roughly marks our property boundary.

I have also read several times on the internet about the issue of illegal conditions after subdivision.

Maybe there is a possibility to notarize something in advance.
That on day X after demolition, the property will be subdivided such and such and the ownership registered in the land register such and such. Kind of via a kind of conveyance?! I could have it surveyed beforehand, just not entered into the cadastral register yet.

Since I can’t avoid the appointment with the notary anyway, I will report here as soon as I learn something.

Your suggestion to go to the bank with the building permit naturally also sounds like a practical option.

We have an appointment at the bank this week to discuss a few things in advance. I will also bring up this topic there and report here as well.

So if the rear boundary were located 3 meters away from the extension, I initially see nothing that could contradict the subdivision. Thus, it could already be tackled now.

At the same time, regulate the access path to the resulting property in the second row.

Well, I would check whether it is even necessary to wait until the demolition.

I summarize: Parcel 350 is developed with a two-family house 94. The owner is the father-in-law of the TE, and in neither the "present" nor the "future" scenario does he belong to the users of the current property or its intended new parcels, except that he is the landlord of the two-family house. Based on the TE’s age, I assume the owner is still of working age (which allows time for several gifting steps before passing away). The owner has two children (namely the wife and the brother-in-law of the TE). In the future, his son wants to move from the rental apartment in house 94 to a single-family house 94a. The construction of the latter is currently only obstructed structurally by the planned subdivision cutting through the setback area of the existing building (which could be remedied by changing this boundary) and the existing building narrowing the construction site access. The TE himself wants to demolish house 94 and build a single-family house "94 new" in its place. The parcel (new) "350 front" of the TE would serve as an access route (GFL) to the parcel of his brother-in-law. The aerial photo suggests that the building requests would be feasible within building window requirements.

From my point of view, the smartest way now would be to contribute the developed property as existing into a "Parcel 350 development company" and create three ownership units on it, namely a) the special use area "building land in the back part," b) the common property GFL area, and c) the front part consisting of the current (old) house 94 to be removed in the future. Further explanation gladly in person, the way to me can be googled with "Here writes the 11ant." [This is not legal advice but merely a transfer of how Charly does it to the example of the TE’s circumstances. You might notice: Charly knows Hubert *smile*].