Hello everyone,
I am new to this forum and hope to get some good advice from you.
About 2 years ago, my partner and I decided that we want to build a house. Unfortunately, none of the existing houses we looked at are suitable for us.
Over the past 2 years, we have visited several model home fairs and have already looked at some developers.
Now there is a new residential area in our town where we have a tough choice:
1. A 500 sq m (5,382 sq ft) plot with a play street on the north side (18 linear meters (59 feet)), neighbors to the west and east, and a green belt to the south. Unfortunately, we can only get this plot if we build with the developer, about whom we could hardly find any information online except their website. That makes us somewhat hesitant. We have already received and carefully studied the building and performance specifications. In a meeting yesterday, almost all of our concerns were dismissed. This is an offer for a detached urban villa with about 130 sq m (1,399 sq ft) of living space, a basement, and a 3 x 9 m (10 x 30 ft) garage.
2. At the same time, we have also independently applied for a plot in the desired new development. We were offered a 400 sq m (4,306 sq ft) plot with play streets to the south (27 linear meters (89 feet)) and east (15 linear meters (49 feet)), with neighbors to the west and north. Basically, we do not mind the smaller plot because we do not want a large garden and would have less maintenance (we are both working and often do overtime). The plot is naturally also cheaper to acquire. Our concern here is simply the larger maintenance effort for the street, such as winter work, hedge trimming, etc. We would probably handle the construction through a well-known and repeatedly recommended architect. Whether this will be cheaper than building with the developer is still uncertain.
So, this turned out to be a bit longer than I intended. But I hope some of you will take the time to read it and support us in making our decision with your comments.
Have a nice day
Teufelchen1985
I am new to this forum and hope to get some good advice from you.
About 2 years ago, my partner and I decided that we want to build a house. Unfortunately, none of the existing houses we looked at are suitable for us.
Over the past 2 years, we have visited several model home fairs and have already looked at some developers.
Now there is a new residential area in our town where we have a tough choice:
1. A 500 sq m (5,382 sq ft) plot with a play street on the north side (18 linear meters (59 feet)), neighbors to the west and east, and a green belt to the south. Unfortunately, we can only get this plot if we build with the developer, about whom we could hardly find any information online except their website. That makes us somewhat hesitant. We have already received and carefully studied the building and performance specifications. In a meeting yesterday, almost all of our concerns were dismissed. This is an offer for a detached urban villa with about 130 sq m (1,399 sq ft) of living space, a basement, and a 3 x 9 m (10 x 30 ft) garage.
2. At the same time, we have also independently applied for a plot in the desired new development. We were offered a 400 sq m (4,306 sq ft) plot with play streets to the south (27 linear meters (89 feet)) and east (15 linear meters (49 feet)), with neighbors to the west and north. Basically, we do not mind the smaller plot because we do not want a large garden and would have less maintenance (we are both working and often do overtime). The plot is naturally also cheaper to acquire. Our concern here is simply the larger maintenance effort for the street, such as winter work, hedge trimming, etc. We would probably handle the construction through a well-known and repeatedly recommended architect. Whether this will be cheaper than building with the developer is still uncertain.
So, this turned out to be a bit longer than I intended. But I hope some of you will take the time to read it and support us in making our decision with your comments.
Have a nice day
Teufelchen1985
B
Bauexperte14 Nov 2012 12:39Hello,
The seller – in this case the RAG – is unlikely to be so careless as to include in the contract that only "Teufelchen’s" provider may develop the lots. That would be a tied sale and moreover illegal.
However, the tax authorities are not foolish either ... if "Teufelchen" only obtains this provider-advertised lot by concluding a contract for work with the intermediary for the construction of a single-family house, then the property transfer tax – nationwide in Germany – applies to both the house and the land.
It is a different situation if "Teufelchen" buys the lot from the RAG and commissions the construction to a general contractor or architect who is not involved. (Lower Saxony Fiscal Court, ruling dated 26.08.2011, 7 K 192/09, 7 K 193/09) or my website.
Kind regards
Musketier schrieb:
I think it partly depends on the contract structure. Does the land purchase agreement say anything about you only being allowed to build with the construction company ..
The seller – in this case the RAG – is unlikely to be so careless as to include in the contract that only "Teufelchen’s" provider may develop the lots. That would be a tied sale and moreover illegal.
However, the tax authorities are not foolish either ... if "Teufelchen" only obtains this provider-advertised lot by concluding a contract for work with the intermediary for the construction of a single-family house, then the property transfer tax – nationwide in Germany – applies to both the house and the land.
It is a different situation if "Teufelchen" buys the lot from the RAG and commissions the construction to a general contractor or architect who is not involved. (Lower Saxony Fiscal Court, ruling dated 26.08.2011, 7 K 192/09, 7 K 193/09) or my website.
Kind regards