Suspicion of unexploded ordnance

Hello everyone,

I need your advice...

Actually, we already had approval for a plot of land and now it has emerged during the notary appointment scheduling that it could be "somewhat delayed" because apparently another heir is involved.

Long story short - we have been looking for alternative plots and found one that we like very, very much.

Key points:
There are 2 parcels of land being sold together, one of which has an old/dilapidated house from 1935 currently rented and occupied by a gentleman (84 years old) living alone. The other parcel, where we would want to build, is free.

The big question: The authorities have also raised suspicion of an unexploded ordnance. The application for inspection was submitted in May. However, the area is to be sold as quickly as possible, i.e. with the note in the purchase contract about the possible unexploded ordnance, because the inspection/clearance likely cannot take place before the sale.

In the state of Brandenburg, it seems the cost is covered by the state, but how long can such a process take?

Many thanks
Lei Ni

Who pays for something like that at your place I cannot say. Also how long something like that takes I do not know. But just ask the [Kampfmittelräumdienst], they can certainly tell you more.

We have the same issue on our property. I can't tell you how long it will take because we haven't gotten around to it yet (we still need to clear the land first), but I can tell you that you will initially be responsible for the deployment of the bomb disposal unit (unless you have notarized with the seller of the property that they will cover the costs for the deployment or you share the costs) if the suspicion is confirmed (bombs, unexploded ordnance, ...) and the neighborhood nearby has to be evacuated during the deployment, very high costs will of course arise, but these will be covered by the federal state! However, you as the owner or the person notarized for this will have to bear the costs for the inspection by the bomb disposal unit, so you have to negotiate this with the seller in advance!

Cheers!

Hello,

In the state of Brandenburg, it seems that the costs are covered by the state, but how long can such a process take?

There is a very well-written and therefore understandable press release from the Association of Private Home Builders, which I will include here:

"BERLIN. Those who want to build and are looking for a plot of land rarely think of a still real danger: unexploded bombs from World War II. Thousands of them still lie in the ground, especially in cities. The Association of Private Home Builders (Association of Private Home Builders) therefore advises all land buyers not only to pay attention to the location and price of the area but also to inform themselves about its history.

“Many cities were battlefields. Anyone building in such a city should clarify whether bombings are recorded on the planned plot and whether unexploded bombs could be in the ground,” advises Association of Private Home Builders lawyer Holger Freitag. “Unfortunately, responsibilities vary from municipality to municipality and also from federal state to federal state. Land buyers must always inquire with the responsible authorities before purchase. First points of contact are building authorities, public order offices, or the regional government presidium. They help clarify whether there were bombings in the area where one wishes to build.”

In heavily affected regions, especially large cities, there are so-called suspected area registers. “In these municipalities, any construction measure that affects the suspicious building ground automatically triggers an obligation for exploration. If the intended terrain lies within such a suspected area, owners and prospective buyers should best submit an early application for examination to the competent office,” the lawyer recommends. “Such investigations usually take about half a year overall. Prospective builders should plan for this, otherwise the investigations lead to construction delays and, in the worst case, to a construction halt—namely, if unexploded ordnance is only found during the construction period, which of course must then be removed.”

If there is suspicion that unexploded bombs could lie on the property, only authorized ordnance disposal services may carry out further investigations. Sometimes these are specialist companies commissioned by the state; sometimes the federal state has its own ordnance disposal service. “The costs for all necessary investigations on the property are usually borne by the property owner. In the case of very high costs, private home builders may under certain circumstances apply for hardship compensation. However, given empty public coffers, these are sure to be granted less and less in the future,” lawyer Freitag suspects but also reminds: “If unexploded bombs are actually found, the public authorities usually at least finance their removal.”

The person responsible for the so-called ordnance clearance of a property is always the property owner. “Anyone who wants to buy a building plot and expects problems should contractually regulate the question of cost coverage for ordnance clearance. Buyers of developer houses are—in theory, at least—on the safe side. When buying from a developer, one acquires house and land from one source. The developer remains the builder until the property is handed over and is also responsible for the ordnance clearance of the ground. If he does not take care of it in time and unexploded bombs have to be disposed of during the construction period, the buyer can also be faced with completion delays,” the Association of Private Home Builders lawyer points out. “Usually, those who buy land from the municipality are better off. The public seller often takes on such cost risks.”

By the way: accidental discoveries must always be reported to the police!"

Source: Press release Association of Private Home Builders, 02/27/2013

Rhenish regards