ᐅ Planned terraced house – contract structure/planning?

Created on: 23 May 2021 09:33
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HubiTrubi40
Hello everyone,

After still being unsuccessful in finding a plot of land (I just received a rejection yesterday), and considering the decision of the local council, where chances from outside seem quite limited, I also attended a new construction project. The contractual setup is, as I have mentioned in one of my previous posts, the same again: the owner sells the land, a planner must be paid separately, and a production house provider builds the house (a network where each party earns some extra). Basically, a lot fits: the development seems well planned. The location is ideal for me: infrastructure, proximity to work, schools, etc. There are between 6 and 10 terraced houses planned, depending on size, arranged around a corner with a courtyard (greened), which sounds good at first.

But now there is one thing I am really concerned about: the owner is building an underground garage with direct access to the basements (it is planned that each house will have 2 parking spaces in the basement, meaning about half of the basement space is allocated to the garage). The garden is completely above the underground garage. A soil layer of 60cm (24 inches) is planned. How is this supposed to work with plants and, especially, rainwater? How will the water drain? What makes me a bit uncertain about the project: you basically buy the land, including the basement and underground parking space, from the owner (only via notarized purchase contract). Then the house comes separately from the production house manufacturer (fixed building contract)...meaning I am the client. What should I watch out for here? If the rainwater drainage and sewage system are not fully taken care of, I will end up with puddles in the garden. I also think it will probably be difficult to grow plants. It will likely be limited to some shrubs and lawn area. Maybe a small fig tree or something. I might be able to live with that. The plots are not big anyway, and what do you really want to plant in a row house garden? Of course, a building plot would have been better. But you just don’t get any of those here anymore.

Oh, and the cost for the project is between 600,000 and 650,000 (depending on the plot size between 200 and 250 sq m (2,150 and 2,690 sq ft)), but about 35 sq m (375 sq ft) of communal area still has to be deducted.

Thank you in advance for your opinions.
H
HubiTrubi40
23 May 2021 16:32
11ant schrieb:

To me, the overall description doesn’t sound like a plot of land but rather a special use area within a condominium complex. In my view, the basement access from "your house" to the shared underground garage rules out the possibility that we are really dealing with separate plots here.

But you can also buy parking spaces in underground garages. Of course, the rest of the garage is communal property. However, the land above is not. That is at least my understanding.
Y
ypg
23 May 2021 17:33
Is this the one?


Year built: 2022
Available from 2022
Floors: 3
2 parking spaces: underground garage
Attractive mid-terrace house in planning! Your wishes regarding room layout and fittings can still be incorporated into the design. House constructed with timber panel construction.

Living in your own home in Eimeldingen – what more could you want?
Construction start 2022.

Included in the price:
Includes land
Includes additional construction costs
Includes landscaping
Includes architectural services
Includes planning services
Includes basement
Top quality materials and technology
Includes air-to-water heat pump
Includes underfloor heating on ground floor, first floor, and attic
Includes move-in ready completion
Healthy indoor finishing
Fixed price guarantee


Without wanting to judge, there isn’t actually much more to say – you don’t really have a choice, do you? Considering the other properties for sale in the neighborhood, this is the most affordable option.
If everything else fits, then go for it. Gussek Haus has a good reputation here. It might be a starter home for you and you could renovate later or sell it again.
RomeoZwo23 May 2021 17:45
11ant schrieb:

To me, the overall description doesn’t sound like a plot of land, but rather a designated special use area within a condominium complex. The basement access from "your house" to the shared underground garage, in my opinion, rules out the possibility that we are talking about completely separate plots here.


I just happened to have the trusted notary over for coffee. Basically, it is possible if all private facilities (walls, technical installations, parking spaces) are located on the owner’s own parcel. Especially in townhouse developments, it is quite common for the path in front of the houses to be communal property, while the houses stand on individual parcels. This path could certainly also be underground or partially underground, providing access to the property (in this case, the parking spaces).
H
HubiTrubi40
23 May 2021 17:46
...yes, that's correct. Yes, the price is reasonable given today's market conditions. Two years ago, it probably would have been 100,000 cheaper. But prices are likely to continue rising.

I would have preferred to build the plot and the entire house myself, of course.
N
nordanney
23 May 2021 18:07
HubiTrubi40 schrieb:

Sure, the rest of the underground parking is obviously common property. However, the plots above are not. At least that’s my understanding.
Not a simple legal structure. It requires several easements (e.g., subsurface rights). Also not straightforward when it comes to valuation (mortgage lending appraisal).

I have never seen this in practice (in over 20 years). Only in the form of condominium ownership.
H
HubiTrubi40
23 May 2021 20:16
nordanney schrieb:

Not a simple legal structure. It requires several easements (e.g., subordinate building rights). Also not straightforward in valuation (mortgage lending value assessment).

I have never seen this in practice (in over 20 years). Only in condominium form.

I need to ask for clarification. That was just my reasoning. The fact is that the parking spaces are planned beneath the building with their own access from the basement. The parking space itself then naturally belongs to the owner of the land above. It is, of course, correct that the garden above also belongs to the property, but the portion of the underground garage below that does not belong to the parking spaces will probably be common property.

On the other hand, in the plan, the area above the underground garage, which practically remains and does not belong to individual lots, is accounted as common property.