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Building Law Assessment
The legal assessment of construction is crucial for a secure property investment. Do you want to ensure that you are paying a fair price and not experiencing any unpleasant surprises? A professional evaluation will help you with this. Learn more about our services in property valuation on our contact page.
The assessment under construction law is essential for informed decisions when purchasing property, as it minimises potential risks and reveals the actual value.
The standard land value serves as a guideline, but is influenced by individual property characteristics and building regulations. A professional assessment is essential in complex cases to avoid erroneous decisions.
The ImmoWertV 2021 standardises the valuation procedures and contributes to a precise and comparable assessment. A comprehensive legal building evaluation can increase the value enhancement potential by up to 10%.
Introduction to the Legal Assessment of Land
The legal assessment is an essential step when acquiring or developing a plot of land. It analyses the legal framework that determines the development and use of a property. This analysis is crucial for identifying potential risks early on and making informed decisions. The legal assessment significantly influences the value of a property and is therefore of great importance for purchase decisions, project developments, and tax purposes.
Overview of Relevant Laws and Regulations
For a comprehensive legal assessment, various laws and regulations are relevant. The Baugesetzbuch (BauGB) forms the basis of German building law and regulates the permissibility of construction projects. The Immobilienwertermittlungsverordnung (ImmoWertV) standardises the procedures for determining property values. Additionally, the Landesbauordnungen (LBO) of the individual federal states must be considered, as they specify particular requirements for development. These legal frameworks are critical for the assessment and use of a property.
What is the standard land value?
The standard land value is an average location value of the land for a specific area, determined by the expert committees. The legal basis for this is § 196 BauGB. The standard land value serves as a guideline for land values and is particularly relevant for undeveloped plots. However, it should not be confused with the actual market value, as it is an indicative value that can be influenced by individual plot characteristics. You can find more information on the subject in our article on standard land value.
How is the standard land value determined?
The determination of the standard land value is the responsibility of the expert committees, which consist of independent experts. The purchase price collection, which records all notarially certified land purchases, serves as the data basis. The expert committees apply the comparative value method and other valuation methods to determine the standard land value. In doing so, similar plots in the area are compared and their sale prices analysed. The Wikipedia page on standard land value offers additional information on this topic.
BORIS-D: The standard land value information system for Germany
BORIS-D is the standard land value information system for Germany, providing a central platform for access to land values. It allows for easy and transparent inquiries into the standard land values for various regions. However, a critical assessment of usability and data quality is necessary, as the timeliness and accuracy of the data can vary. It is important to distinguish between informal information and an official standard land value report. For more information on BORIS-D, visit Land Values Germany.
Micro-location and Infrastructure
The micro-location of a property significantly influences the standard land value. The proximity to amenities such as schools, shopping facilities, and public transport positively affects the value. Disturbances like noise and emissions, on the other hand, can decrease the value. Therefore, good infrastructure is crucial for a high building regulation assessment. The information from Immobilienscout24 also emphasises the importance of micro-location.
Property Features
The size, shape, and layout of a plot are important factors that influence the standard land value. The soil condition and contamination also play a role. A plot with poor soil condition or contamination is usually valued lower. The building possibilities, determined by the floor space index (FSI), plot ratio, and construction method, are also crucial for the building regulation assessment. Our article on factors affecting property valuation provides further details.
Building Regulations
Building regulations such as heritage protection, development status, and building encumbrances can significantly affect the standard land value. A plot under heritage protection is subject to certain restrictions that can negatively impact the value. A good development status, where all necessary connections are available, increases the value. Building encumbrances that burden the property can also decrease the value. It is therefore important to consider these factors in the building regulation assessment.
Standard Land Value as a Reference Date Average
The standard land value is a reference date average that does not account for individual characteristics of a property. It serves as an approximation and may therefore differ from the actual market value. It is important to understand that the standard land value is merely a guideline, and an individual assessment by an expert may be necessary.
Factors Leading to Deviations
Various factors can lead to deviations between the standard land value and market value. Individual property characteristics such as development and third-party rights play a role. Current market conditions, including supply and demand as well as interest rates, also affect market value. Subjective factors, such as the personal preferences of the purchaser, can also cause deviations. Our article on calculating property costs provides further insights.
Conversion Coefficients and Their Application
Conversion coefficients are used to adjust the standard land value to individual property characteristics. They account for factors such as topography, soil quality, and the property's intended use. By applying conversion coefficients, a more accurate legal planning assessment can be achieved. The Bodenrichtwerte-Deutschland page explains the conversion coefficients in detail.
Basics of the ImmoWertV 2021
The ImmoWertV 2021 (Real Estate Valuation Ordinance) aims for a unification of valuation methods. It establishes nationwide principles for data collection and calculation. The regulation emphasizes the importance of experts and appraisers, who must adhere to these guidelines during valuation, especially in legal disputes. The ImmoWertV 2021 consolidates various guidelines to ensure greater transparency and comparability. The information from Immobilienscout24 highlights the significance of the ImmoWertV 2021.
Application of ImmoWertV in Land Value Assessment
The ImmoWertV plays a central role in land value assessment. It determines the establishment of valuation characteristics and ensures adaptation to current market developments. Appraisal committees are obliged to consider the provisions of the ImmoWertV when determining land values. This contributes to greater accuracy and comparability of land values.
Limits of Standardisation
Despite the unification efforts of the ImmoWertV, there are limits to standardisation. The complexity of property valuation still requires individual expertise. Not all factors influencing the value of a property can be captured in a standardised manner. Therefore, the experience and expertise of professionals are essential to ensure a realistic and well-founded legal valuation.
Areas of Application for the Bodenrichtwert
The Bodenrichtwert is used in various areas. It serves as an initial assessment of property values and as a basis for tax calculations, such as property tax and inheritance tax. Furthermore, it is an important guideline for buying and selling decisions. However, it is important to note that the Bodenrichtwert does not replace the actual market value, but merely provides an initial estimate.
When is a professional valuation required?
A professional valuation is required in complex property situations, such as hereditary building rights or easements. A professional valuation is also essential in legal disputes and financing decisions. An expert can take all relevant factors into account and produce a well-founded legal property assessment. Our article on analysing Bodenrichtwerte provides further guidance.
Calculating the Land Value: Formula and Interpretation
The calculation of the land value is carried out using the following formula: Land value = Bodenrichtwert x plot size. The land value is an approximation and may differ from the actual value. It is important to interpret the land value in the context of the individual property's characteristics and the current market situation. The land value serves as a basis for further calculations and valuations.
Currentness of Land Value Rates
The currentness of land value rates is an important aspect in the legal evaluation. Land value rates are based on specific dates and are generally updated every two years. However, in dynamic markets, they can quickly become outdated. Therefore, it is advisable to check the currentness of the land value rates and obtain an updated assessment if necessary. The information from Homeday highlights the importance of their currentness.
Accuracy of the Data
BORIS-D does provide transparency, but the quality of the data can vary. It is important to critically assess the data and obtain further information if necessary. A distinction should be made between informal and official land value rate information. Official information offers a higher guarantee of data accuracy. The Wikipedia page on land value rates provides further insights into data quality.
Complexity of Building Regulations
The building regulations are complex and can vary regionally. Professional advice is therefore often indispensable. An experienced expert is familiar with the relevant regulations and can produce a well-founded legal evaluation. It is advisable to thoroughly inform and seek advice before purchasing or developing a property.
Summary of Key Findings
The legal assessment is a crucial component of property valuation. The land reference value is a valuable guide, but it should not be considered in isolation. It is important to consider all relevant factors and, if necessary, seek a professional evaluation. A well-founded legal assessment enables you to make informed decisions and minimise risks.
Future Developments
The digitalisation of valuation will play an increasingly important role in the future. Adjustments to the ImmoWertV to new market developments are also expected. Furthermore, the importance of sustainability and climate adaptation in legal assessments will grow. It is therefore important to stay continuously informed about the latest developments and to adapt accordingly.
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Conclusion and Outlook
The legal assessment is a crucial factor in property valuation. Land value indicators are an important benchmark, but not the only factor. A professional valuation is essential in many cases. The increasing digitisation and automation of property valuation, as well as a greater focus on sustainability aspects, will shape the future of land values and the legal assessment. The ImmobilienScout24 page on land value indicators provides further details on this.
Summary of Key Insights
The key points are: Land value indicators are an important benchmark for property valuation, but not the only factor. The legal assessment is crucial for interpreting and applying land value indicators. A professional valuation is essential in many cases. Our page on property valuation factors offers additional information.
Future of Land Values and Legal Assessment
The future of land values and legal assessment will be influenced by the increasing digitisation and automation of valuation processes. A stronger focus on sustainability aspects will also play an important role. The ImmoWertV will need to adapt to the changing market conditions. The Land Value Indicators Germany page provides further information on this.
Call to Action: Recommendations for Property Owners and Buyers
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Wikipedia provides detailed information about the land value indicator and its significance in the German real estate market.
Bundesministerium der Finanzen explains the application of regulations for the valuation of real estate.
What exactly does a building law assessment include?
A building law assessment analyses the legal framework that determines the development and use of a property. This includes examining the Building Code (BauGB), state building regulations (LBO) and other relevant regulations.
Why is a building law assessment important before buying a property?
A building law assessment helps to identify potential risks early, such as building encumbrances, heritage protection or restrictions through development plans. This allows for informed decisions and avoids costly surprises.
How does the standard land value influence the building law assessment?
The standard land value serves as a guideline for the property's value, but is influenced by individual property features and building law requirements. A comprehensive building law assessment takes these factors into account to determine the actual value.
What is the difference between standard land value and market value?
The standard land value is an average location value, whereas the market value represents the actual market value of a property, taking into account all individual features and current market conditions.
What role does the ImmoWertV 2021 play in the building law assessment?
The ImmoWertV 2021 standardises the procedures for determining property values and establishes uniform national principles. It serves as a basis for a precise and comparable valuation.
When should I consult an expert for a building law assessment?
An expert is particularly important in complex property situations, such as hereditary building rights, building encumbrances or heritage protection. A professional assessment is also essential in legal disputes or financing decisions.
How is the land value of a property calculated?
The land value is calculated by multiplying the standard land value (€/m²) by the property area (m²). This figure serves as an approximation and may differ from the actual value.
Where can I find current standard land values for my property?
Current standard land values are available through the Standard Land Value Information System for Germany (BORIS-D) or from the responsible expert committees. It is important to ensure the data is up to date.