Building land and prospective building land
Building land (Bauland) is a plot that may be built on under public building law and is serviced or will be serviced in the foreseeable future. Prospective building land (Bauerwartungsland), by contrast, is an area for which future development is merely expected, for instance because it is designated as a building area in the land-use plan (Flächennutzungsplan). For buyers, this means a considerable difference in certainty and time frame.
Agricultural land in the undesignated outer zone (Außenbereich) is, as a rule, not intended for residential development. Particular caution is advised here.
Development plan and buildability
The municipality's development plan (Bebauungsplan) determines how a plot may be used: type of use, number of full storeys, site occupancy index, floor area ratio, building method and often also roof shape. Where there is no development plan, permissibility within a built-up area depends on whether the project fits in with the character of the immediate surroundings (§ 34 BauGB – Baugesetzbuch, German Federal Building Code).
Anyone requiring certainty can submit a preliminary building enquiry (Bauvoranfrage) to the building supervisory authority. The resulting preliminary decision (Bauvorbescheid) settles individual questions with binding effect before a full building application is prepared.
Site servicing
A plot is serviced when it is connected to road access, water, sewerage and electricity. If servicing is wholly or partly lacking, costs arise which, depending on the municipality, are levied as development contributions or connection charges. Before buying, check with the municipality whether contributions have already been settled or are still outstanding.
What we examine for you
We compile the land register extract, the cadastral map, information from the register of public easements (Baulastenverzeichnis) and, where available, the development plan. We openly address any indications of contaminated land, utility easements or rights of way. Where required, you commission soil surveys and land surveying from the relevant specialists.
Selling a plot
For sellers: the more clearly buildability is presented, the easier it is to convince buyers. If a development plan exists, we prepare the relevant stipulations in an understandable form. If buildability is uncertain, a preliminary building enquiry before marketing may be advisable. Subdividing large plots can also be economically attractive; you clarify its permissibility and the surveying with the building authority and a surveyor.
Frequently asked questions
Where can I find out what may be built on a plot?
From the municipality or the competent building supervisory authority. Development plans can be inspected there; many municipalities also make them available online.
What is a public easement (Baulast)?
A public-law obligation of the landowner towards the building supervisory authority, for example tolerating an access route. In Hesse it is recorded in the register of public easements (Baulastenverzeichnis), not in the land register.
Are site servicing costs included in the purchase price?
This varies and must be expressly regulated in the purchase contract. Ask the municipality in advance about the status of the billing.