Upcoming house purchase: buy with or without leasehold rights?

  • Erstellt am 2017-08-16 16:25:48

ypg

2017-08-18 10:19:28
  • #1




Yes! The contract is definitely the subject of your question. First you write that the property belongs to the state of NRW, but here you write that the seller is private. Do you mean the owner of the house?

Normally (we also have a leasehold property) the owner of the leasehold land has to be involved in the sale. They may have a right to be consulted. It also depends on the fine print in the contract. I would definitely take a look at that before you start worrying about it. What happens after the contract expires? Is a purchase actually an option? That is not common for land from the state or church... The owner of the house knows about the disadvantage of the leasehold land which will "soon" expire. So he could emotionally bind you as an interested party to the house, give you false information about the property which will later—oops...—be uncovered at the notary’s office or at the banker’s desk.



That should not be a problem at first because you are the leaseholder. Leaseholders have rights too.



The question is in what condition the house will be then. Older houses also require increasingly more renovation and modernization costs. Will you actually put a certain amount in the savings pot to redeem the land or will it flow into maintaining the building's value?



Of course you still have the house. You will not be expropriated just because the lease contract expires.
 

Caspar2020

2017-08-18 10:54:08
  • #2


Yes; it is clearly regulated. The leasehold grantor usually only has to pay you 2/3 of the market value if no other agreement about how to proceed was made beforehand, or if it was not explicitly agreed upon in the leasehold contract.
 

Caspar2020

2017-08-18 10:58:27
  • #3
Usually, you will mostly be offered an extension. But then at "steep" prices compared to the contract running until then.

Also often accepted is, instead of a fixed annual lease, one that is based on the consumer price index, or similar.

No matter how. One should engage early with the ground lessor about how to proceed. Because if things go badly, you could end up without a hut.
 

ypg

2017-08-18 11:42:55
  • #4


Where did you get that from???
 

Caspar2020

2017-08-18 12:37:49
  • #5


Law on the Heritable Building Right (Heritable Building Rights Act - ErbbauRG)
§ 27

(1) If the heritable building right expires by lapse of time, the landowner must pay compensation to the holder of the heritable building right for the building. Agreements can be made regarding the amount of compensation, the method of payment, and its exclusion as part of the content of the heritable building right.
(2) If the heritable building right is granted to satisfy the housing needs of lower-income population groups, the compensation must amount to at least two-thirds of the common value that the building has upon expiration of the heritable building right. The landowner cannot rely on a deviating agreement.
(3) The landowner can avert his obligation to pay compensation by extending the heritable building right to the holder for the expected remaining lifetime of the building before its expiry; if the holder rejects the extension, the claim for compensation lapses. The heritable building right can be repeatedly extended to avert the obligation to pay compensation.
(4) Before becoming due, the claim for compensation cannot be assigned.

---
Two-thirds of the market value are usual. And often contractually regulated how to proceed; but not always.
 

Daniel-Sp

2017-08-18 12:45:24
  • #6
I never quite understood that!
Section 1: As the content of the hereditary building right, agreements can be made about the amount of compensation and the manner of its payment as well as about its exclusion.
Section 2: If the hereditary building right is established to satisfy the housing needs of low-income population groups, the compensation must be at least two-thirds of the common value...

Who decides whether one is low-income, and if not, can compensation then be contractually excluded after all?
Therefore, check exactly what is contractually regulated!
Daniel
 

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