Transfer of land within the family

  • Erstellt am 2019-05-22 08:01:58

Escroda

2019-05-23 08:38:54
  • #1
No, it is always about the same topic. You want to build a detached house on a narrow plot and undershoot the necessary boundary distances. If you push this through for your plot, the other becomes undevelopable. But the notary does not advise on building law issues.
 

Tassimat

2019-05-23 09:19:02
  • #2

The notary can only answer legal questions, such as what a building encumbrance is legally. He cannot say if and when you need one. He also cannot tell you if the plots of land can be merged.

The notary really has nothing more to do here than routine execution of what you commission him to do.

With whom? The city and the architect. You have already received some ideas here about which directions it needs to go in.
 

RomeoZwo

2019-05-23 09:30:08
  • #3


I see that a bit differently. He can advise on how a possible building encumbrance (whether land register, preliminary note, contract between parties) can be best secured. He can advise on how the transfer within the family, inheritance exclusion, (partial) gift, can look like.

Regarding building law questions, of course, he cannot advise – after all, he is a lawyer and not an architect.
 

Escroda

2019-05-23 09:51:49
  • #4

The problem is that your other threads do not end with a decision from you regarding the options mentioned. And here, too, you thank for his efforts, but you do not state which option you prefer. That will also be the notary’s problem—that you do not yet know exactly what you want to build. You first have to explore with an architect and the building permit authority what is even possible.

Let’s assume this wish is set and that there is no development plan and no actual building boundary (for an assessment you would need a generous excerpt from the cadastral map showing neighboring buildings). Then this would be one possibility:
[ATTACH alt="Lageplan_01.png" type="full"]34776[/ATTACH]
The respective property owners formally declare to the building permit authority the mutual assumption of the setback areas (partially for T3, fully for T4). The notary has nothing to do with this unless one intends additionally a land registry security, which only makes sense if permanent compensation payments are intended. These areas may then no longer be built upon.
However, as long as there is no concrete planning, no binding agreement or declaration can be formulated to the building authority and, if applicable, to the land registry office, because the depths of the setback areas depend on the exact dimensions of the project. At the present time, this is not yet necessary since it is only about the transfer of ownership within the family. But if the distrust is so great that the necessary declarations might later no longer be made, the building application must be submitted before the transfer of ownership.
 

RomeoZwo

2019-05-23 10:05:19
  • #5
Are buildings actually allowed to be constructed in the setback areas, here e.g. T4 for boundary construction (garage, carport) within the permissible dimensions, or must this area be kept completely free for fire protection reasons? Just out of interest regarding the solution option you presented.
 

Escroda

2019-05-23 10:07:52
  • #6
Yes.
 

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