Hello dear forum members,
We are currently facing the decision to buy a house together. Since this situation is not very common, there are unfortunately only a few examples online, so I really hope you can help us.
Here are some important details for better assessment:
Apartment 1:
- approx. 40% of the total living area
- Condition: in need of renovation and refurbishment (from the 1950s)
Apartment 2:
- approx. 60% of the total living area
- Condition: attic converted in 1983, upper floor move-in ready but with 80s/90s style (uPVC windows, fitted kitchen from 2008)
- Also requires renovation, but is move-in ready in contrast to Apartment 1
Plot of land:
> 2,000m³ (divided across multiple parcels), but about 90% designated as a landscape protection area on a slope and was therefore hardly considered in the purchase price according to the real estate agent
No declaration of division exists yet, but we plan to arrange this in the future
The plan was to split the living area in the purchase contract on a 60:40 basis, with the remaining areas shared equally at 50:50.
According to the notary’s feedback, this apparently isn’t possible; instead, we can only buy with a 60:40 split and additionally agree on joint usage rights. The only option would be to exclude all land parcels and then split 50:50 – which would lead to an increase in the proportional purchase price for Apartment 1.
The 50:50 division was intended as compensation for not ordering an appraiser to assess the lower value of Apartment 1, strictly dividing the purchase price based on living space. For various reasons, time is pressing, so the purchase and financing should be completed as soon as possible. The notary appointment is already arranged, and financing is joint and several.
A fair process is our top priority. Therefore, our questions are:
- In your opinion, does the condition of the apartment weigh heavily, or do you see a pure division based on living area as correct?
- Do you think it is appropriate to divide the entire plot area according to 60:40, even though it was hardly considered? Should a different price per square meter then be applied?
- What other ideas do you have?
Thank you in advance for your assessments. We are really struggling.
We are currently facing the decision to buy a house together. Since this situation is not very common, there are unfortunately only a few examples online, so I really hope you can help us.
Here are some important details for better assessment:
Apartment 1:
- approx. 40% of the total living area
- Condition: in need of renovation and refurbishment (from the 1950s)
Apartment 2:
- approx. 60% of the total living area
- Condition: attic converted in 1983, upper floor move-in ready but with 80s/90s style (uPVC windows, fitted kitchen from 2008)
- Also requires renovation, but is move-in ready in contrast to Apartment 1
Plot of land:
> 2,000m³ (divided across multiple parcels), but about 90% designated as a landscape protection area on a slope and was therefore hardly considered in the purchase price according to the real estate agent
No declaration of division exists yet, but we plan to arrange this in the future
The plan was to split the living area in the purchase contract on a 60:40 basis, with the remaining areas shared equally at 50:50.
According to the notary’s feedback, this apparently isn’t possible; instead, we can only buy with a 60:40 split and additionally agree on joint usage rights. The only option would be to exclude all land parcels and then split 50:50 – which would lead to an increase in the proportional purchase price for Apartment 1.
The 50:50 division was intended as compensation for not ordering an appraiser to assess the lower value of Apartment 1, strictly dividing the purchase price based on living space. For various reasons, time is pressing, so the purchase and financing should be completed as soon as possible. The notary appointment is already arranged, and financing is joint and several.
A fair process is our top priority. Therefore, our questions are:
- In your opinion, does the condition of the apartment weigh heavily, or do you see a pure division based on living area as correct?
- Do you think it is appropriate to divide the entire plot area according to 60:40, even though it was hardly considered? Should a different price per square meter then be applied?
- What other ideas do you have?
Thank you in advance for your assessments. We are really struggling.
Nice-Nofret schrieb:
Surveyor, division into strata title with a detailed strata ownership agreement, and then it is okay... If you actually mean strata title and not condominium ownership under the Condominium Act, strata title has not been allowed to be newly established since the introduction of the building code (1900).