Ways to fulfill the building obligation/building deadline in order to build later

  • Erstellt am 2019-10-15 22:14:44

hollowback

2019-10-15 22:14:44
  • #1
Hello everyone,

I own a plot of land in Bavaria that is subject to a building obligation/building deadline.

Due to several personal reasons (e.g., floor plan and building materials are not yet fully decided), I do not want to build within this deadline but only later, when I have made my decisions.

My goal is to find a cost-effective way to fulfill the building obligation imposed by the municipality (the municipality’s repurchase right can then be removed from the land register). This way, I won’t have to worry about the municipality anymore and can build whenever I want.

It is a residential building plot purchased from the municipality (fully developed, 850 sqm) with a development plan. The purchase contract states:

"The buyer commits to constructing a residential building on the building plot within a deadline of (...) in accordance with the provisions of the valid development plan or at least a residential shell construction.

The municipality reserves the right to repurchase the plot; it can be exercised if
a) the buyer does not comply with the assumed building obligation within the deadline;
b) the buyer sells the plot without having at least constructed a residential shell building.“

The municipality has had the repurchase right registered in the land register.

Do you know of any cost-effective ways to meet the requirements of the building obligation if one does not intend to start yet?

Since I definitely want to keep the plot and not return it to the municipality (at the original purchase price + additional fees), I would be willing to spend up to 20,000 euros for these options.

The following considerations or measures have already occurred to me:

    [*]An extension of the building deadline has already been applied for at the municipality and has been approved “once for an additional year.” It is very unlikely that I will receive another extension with a further request.
    [*]Somehow cheaply fulfill the requirement of the residential shell construction. Perhaps place a “cheap” tiny house (mini house) as a shell construction on the plot? It would then be demolished or sold when the actual single-family house construction begins later.

I would greatly appreciate useful tips/suggestions from you.

Also, is it even possible to construct a residential shell construction for under 20,000 euros (including all fees and later demolition) to meet the municipality’s requirements?

The development plan for the plot only provides maximum values, so theoretically it would be possible to construct this shell building as small and cheap/inexpensive as possible.

Please do not ask me why I do not want to start yet or why I would be willing to waste up to 20,000 euros.

I simply want to know your ideas regarding my request and whether these could also have a high likelihood of success.

Thank you very much and have a nice evening!

Best regards

Jan
 

Bookstar

2019-10-15 22:21:43
  • #2
Absolute nonsense. The development obligation is meant to prevent exactly that, plots should go to people who urgently need them and therefore you should give it back, voluntarily.
 

nordanney

2019-10-15 22:23:40
  • #3
I only see the municipality exercising the repurchase. To be honest, I also think that is good if a buyer doesn’t manage it despite an extension of the deadline.
 

11ant

2019-10-15 22:44:12
  • #4
850 sqm (according to the square meters even enough space for two single-family houses), fully developed. Moreover, not from the open market, but from the municipality - that is, a seller with legitimate public housing and settlement promotion intentions, possibly even at a price serving that purpose. It is quite antisocial, from a housing-economic perspective, to behave practically like a speculator, just because your highness wishes to still leisurely swirl cognac over the dream castle. This is obstruction to the common good, and would lead to further tightening of the market situation if such clauses did not exist.
 

MadameP

2019-10-15 22:50:36
  • #5

*giggle*
 

WingVII

2019-10-15 22:53:00
  • #6
I also do not think it is acceptable to block a property just because the floor plan and building materials are not finalized on the surface. There are too many interested parties for that. I also build in Bavaria. In our development area, half of the 50 plots are already built on even though the infrastructure is not yet completed. When I look into neighboring communities, 30-40% of the plots in older development areas are still not built on after more than 5 years because there was no building obligation at the time of allocation and the owners are still speculating with the properties. We searched for a property for a long time, so I find it pointless to block such a plot for years with a TinyHouse.
 

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