Share property - Expiry and cost of surveying + notary
- Advantages and disadvantages
- Typical cases
- Share property
- Cost of a plot division
- Tips for quick readers
Many roads lead to home ownership. A quite convenient way is to buy an existing house and to reshape it to your own wishes. You have a lot less effort around planning and approval. But with a purchased house always comes with the associated land. Here it is possible to lower the cost of the house with a partial sale of the parcel. But there are some rules to follow and steps to follow. Read in this post everything you need to know about the division of a property.
Bought, inherited, planned
The size of a property is rarely influenced by the purchaser. Regardless of whether the land was purchased with a house, inherited or designed for new construction, it is once as large as the municipality has set him. The building authorities have an interest in identifying the designated parcels as seamlessly as possible. This optimizes land use, maximizes property taxes and greatly simplifies surveying activities.
Property is property
But a building land is a property, just like any other. The owner may basically freely dispose of his reason. A partial sale of the property can reduce the total cost of home purchase significantly and relieve the owner financially. That's why many owners think about dividing the property. In principle, this is possible but requires a lot of legal aid.
Advantages and disadvantages
To share a plot has some advantages and disadvantages. They should be weighed carefully against each other. Once one half has been sold, there is no way to make any demands on the part sold.
The advantages of the property division are:
- Substantial capital gain: Reduction of costs for your own home
- Saving on property taxes
- Less work and costs through garden maintenance
The disadvantages of the plot division are:
- Reduction of the property
- Restricting opportunities for personal development
- Risk of attracting unpleasant neighbors
The risks involved in the division of land are:
- Significant legal consequences for errors during the division of land
- Quarrel with neighbors
The division of the property is not very common. When applied for, there are usually good reasons for it. These can be:
- Parents want to donate part of their property to build a child
- The purchased property is too big
- Property taxes should be saved
- At the purchased house is a plot that is not needed
- A homebuilding community wants to build a semi-detached house on a single, designated plot
- Two adjacent plots of land are to be created by shifting the border.
If parents built a house decades ago, the ground was generally much cheaper than in the present. Generous gardens were at the time of building still very cheap, so that can be extended if necessary. So that there are no disputes at the latest in the case of succession, the division of the property should be legally secured during the further development of the property by the children.
When buying a piece of land, one first depends on the parceling, which the municipality has prescribed. The plot may have been cheap. But where there is too much space, there is also a lot of work to do. The private division of the parcel is here a proven way to create a simple survey another interesting building plot. In the end, this also saves property taxes.
This also applies to the purchase of a used house: You always buy a property in a "package". The property always belongs to the house unless it has been shared by a new survey. Here, too, especially in rural areas, it can quickly come to the situation that a parcel of land is too large. With a division, new building land is created that can be profitably sold.
For the construction of a duplex, the division of the parcel is almost ideal. The building partners buy the property together and then split it up. Here, however, an absolutely exact measurement is the basic prerequisite for a successful construction and a long, harmonious coexistence.
The process of dividing the land is particularly popular in a semi-detached house. Even if a lot of money can be saved with this type of house, the housebuilder should exclude from the outset any potential weaknesses in the legal organization. Otherwise, the twin house can quickly become a nightmare.
What is building land ">
It is fundamentally wrong to assume that the entire ground in a construction area is also suitable or free for the construction of a building. The local building codes are usually very strict and dictate exactly how big the garden has to be to a particular plot. The authorities are particularly strict in establishing and maintaining the distances between the houses. If the prescribed distance falls only by a few centimeters, threatens a fine and in the worst case, a forced dismantling. The resulting costs and disadvantages have already brought many hopeful homeowners to their existence. Therefore, the project of land division requires conscientious preparation.
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- Costs: Baugutachter
- development costs
- Leasehold property
Always create maximum legal certainty
You can buy a used car quickly without a contract. For real estate, there is only one way: maximum legal certainty! Everything else is a risk that is far too great, which in the case of a dispute always entails enormous costs. Misconduct around the division of a property can even jail imprisonment! That's why it is imperative that you fully hedge your legal rights. It is advisable to spend a few hundred euros more on the division of property than to risk insolvency or even imprisonment through expensive legal consequences.
The procedures for how to share a subsoil may vary from state to state. But even if the separation of a plot of land seems to be particularly easy on site, full legal certainty should always be respected. These include:
- The assistance of a lawyer
- A notarial certification of the property division
- A professional survey of a certified service provider
- A legally secure placement of landmarks
- An entry in the land register
The land division procedure presented here should help you to avoid expensive legal consequences or other disadvantages. Nevertheless, we point out that we can not guarantee the completeness of the information.
Useful steps to divide the plot are:
1st gear to the construction office
2. Study of the development plan
3. Obtain permits for the division of land
4. Check and obtain permission for development
5. Consultation of a surveyor
6. Determine property data
7. Obtain interim decision
8. Study relevant national and federal laws
9. In the absence of a development plan pay attention to local conditions
10. Submit a request for a dividend
11. Have new boundary stones set.
The road to the building office can quickly explain what is possible and what it costs. It is important to make a sketch and some pictures in advance so that the consultants get a good idea about the project. However, the editors are also bound to the development plan and can not approve everything.
However, once it has been clarified what is possible, the first basic permits for the division of land can be obtained. Based on the permits, it then goes to the survey. In most federal states, a certified company can be commissioned for the survey. In Bavaria, however, the survey is a matter for the local cadastral offices. These offices send their own, specifically trained employees who can perform a legally secure survey. After the survey all collected data are collected and handed over to the licensing authority. This usually issues an interim decision after about half of the processing time. After the survey and the determination of the costs should now be planned exactly now, what should happen with the newly created land.
As I said, it must not be built simply drauflos. Even where there is no concrete development plan, the requirement is that a building must be integrated into the neighborhood. This is to prevent a ten-story residential complex from being built right in the middle of a settlement in which the duplex and family home are the dominant form of the building. The local building regulations, however, are particularly strict in a semi-detached house: As a rule, one does not want the two halves of the house to be very different from a semi-detached house. In addition to the general building regulations, therefore, especially the conditions that apply to the construction of a semi-detached house must be complied with.
Cost of a plot division
The division of land is called in the Official German "parcel fragmentation". The exact costs are difficult to estimate because they depend on various factors. These are:
- Value of the land
- Size of the property
- Amount of landmarks
- Amount of parcels
- notary fees
- Fees on the spot
In any case, one must expect several thousand euros fee for the division of land. A sample calculation can look like this:
- Parcel fee: 300 Euro (per parcel)
- Fee for the limit: 180 Euro (per landmark)
- Value factor floor value: eg 2.5 (depending on location)
- The fee is multiplied by the value factor and 19% VAT is added.
In order to keep borderline tariffs from rising immeasurably, many federal states, such as Bavaria, have introduced a quantity scale. This looks like this:
The survey costs according to the scale of fees in Bavaria amount to
- first limit EUR 222
- from the second to the 30th limit each EUR 70
- from the 31st to the 100th border point 60 EUR each
- for each additional border point EUR 55 each
In addition, there will be a flat rate:
- for the first and second parcel 335 EUR
- for the third to tenth parcel each 115 EUR
- for the 11th to 30th parcel each 70 EUR
- for each additional parcel each 35 EUR charged.
Also, the value factor of the land value is variable. Here, however, the factor goes in the opposite direction. The more valuable the plot, the more expensive the parceling becomes. The following values are given from the same fee schedule:
- Up to 5 euros per square meter: 0.8
- from 6 euros to 25 euros per square meter: 1.0
- from 26 euros to 50 euros per square meter: 1.3
- from 51 euros to 200 euros per square meter: 1.7
- from 201 euros to 500 euros per square meter: 2.0
- from 501 euros to 2500 euros per square meter: 2.5
- About 2500 euros per square meter: 3.5
So it makes a big difference if a farmer lets his field be parceled out as newly designated building land or if a city plot is divided between investors. As a rough guideline, however, one can assume a minimum cost of 3000 - 5000 euros, which is required for the measurement and division of a plot.
However, these are only the costs incurred for fees and execution. Legal advice from a specialist lawyer is not included here. However, a thorough consultation is strongly advised so as not to make mistakes in the course of this procedure.
It quickly happened that a landmark was torn or moved out with a truck, tractor or excavator. In this case you should never bring the stone back to its old position! The self-employment of a landmark - even in the same place - is a criminal offense and is punished with at least one year in prison or a large fine! In the case of the shifted boundary stone, the cadastral office must be informed immediately. This then causes all further steps, including the remeasurement by own specialists or a contracted service provider. The costs have to be borne by the polluter. If the breach of the border has been caused by an appointed entrepreneur, his insurance will pay for the costs incurred.
Tips for quick readers
- Sharing the costs of real estate sharing with construction partners
- Planned land division agree with the neighbors or inform them at least
- Set as few limit points as possible
- Always seek professional legal advice
- Assign surveying offices that are well known and certified
- Pay attention to favorable offers
- Never move a landmark on your own! Report accidentally damaged or shifted landmarks and have them reset by the Office!