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Development planning, construction costs, infrastructure development
The division of a property is a complex process that requires careful planning. From development planning to construction costs and infrastructure development, there are many aspects to consider. Do you need support with planning? Contact us to learn more.
A careful development plan is crucial to reduce construction costs and shorten project duration. An optimized plan can reduce construction costs by up to 5%.
The compliance with zoning plans and the consideration of legal aspects are essential to ensure the legal certainty of property division and to avoid future conflicts.
Digitalisation offers numerous advantages for property division, including more efficient execution, improved planning basis, and greater legal certainty.
The subdivision of land is a complex process that requires careful development planning, precise knowledge of construction costs, and thoughtful infrastructure development. This article provides you with a comprehensive overview of all relevant aspects, from the legal foundations to practical implementation tips. We highlight the key terms and demonstrate the interaction of individual areas, enabling you to gain a well-founded understanding. The importance of these topics for builders, investors, and municipalities is immense, as poor planning can lead to significant financial and time delays.
Our goal is to present complex issues in an understandable way and offer you practical advice and recommendations for action. We provide an overview of current developments and challenges in the field of land subdivision and development planning.
Are you planning a land subdivision? We at Auctoa support you with precise and market-based assessments. Find out more about our services now!
The legal foundations of land division in Bavaria are diverse and require precise knowledge of the relevant laws and regulations. The state offices for digitalisation, broadband, and surveying play a central role in the approval process. They are responsible for the insertion of new property boundaries, the preparation of land registry entries, and the actual on-site surveying (Bayerische Vermessungsverwaltung). The survey application is the first step and must be completed online and submitted with a sketch to the responsible office. Eligible applicants are landowners or persons with a legitimate interest. Expedited processing is possible for an additional fee.
A key aspect is the boundary determination and marking. The boundary line is determined on-site in the presence of the owners. New boundaries are staked out and marked with boundary markers. Legal recognition is achieved by signing the marking protocol or via a marking notice. This step is crucial to avoid future disputes and ensure legal certainty.
The continuation certificate documents the survey results and serves as the basis for notarial certification and land registry entry. It lists all altered, newly created, and removed parcels of land. The clearance areas, in accordance with the Bavarian Building Code (further information) or local building regulations, must also be observed. Compliance is the responsibility of those involved, and it is recommended to consult a building expert and communicate the details to the surveyor.
The Federal Building Code (BauGB) and the Land Register Code (GBO) form the foundation for any land subdivision. §19 BauGB defines subdivision as a declaration by the owner to the building supervisory authority. In the zoning plan area, the approval of the municipality is required (§ 19 section 2 no. 5 BauGB). This step ensures that the subdivision aligns with the municipal urban planning goals and that there are no negative impacts on the surroundings.
The depreciation process under §71 section 3 GBO requires that the part to be severed is recorded under a specific number in the official register. Precise surveying before the subdivision is essential to avoid errors and discrepancies. The owner's declaration must be in a publicly certified form according to §29 GBO. Notarial certification is of great importance for the legal validity of the subdivision.
The land registry office transfers the subdivided areas into a new inventory list. The record of change is central to the property cadastre and the inventory list. An excerpt from the record of change serves as the basis for the entry in the land register. Correctly executing these steps is crucial to complete the land subdivision legally and to avoid future issues. Here you can find more information on §29 GBO.
In the case of subdivision of land, it's important to distinguish between actual division and notional division. The actual division creates new parcels of land, while notional division represents a division into co-ownership shares, such as condominium ownership under Section 8 of the WEG. This distinction has different legal and practical implications. In an actual division, new, independent properties are created, whereas in a notional division, the original property remains but is divided into co-ownership shares.
Easements are not automatically nullified during a subdivision of land. Each easement must be individually assessed to determine its continuation. There is the possibility of adjusting existing easements. The neighbourhood noise control examination is also significant. It must be assessed whether potentially unreasonable emissions could affect neighbouring properties. A proactive approach is advisable to avoid claims for injunctive relief.
The choice between actual division and notional division depends on the individual goals and needs of the owners. Careful planning and consultation are essential to make the right decision and minimise potential risks. Find out here how to make the most of your property's potential.
The costs for a land division consist of various factors. A detailed breakdown of partitioning survey costs includes fees for on-site work, land registry fees, ancillary costs, and VAT. The land value and the number of newly created parcels also influence the costs. Additionally, there are costs for depreciation and land registry changes. It is advisable to obtain a detailed cost estimate in advance to avoid unexpected expenses.
Tax aspects must also be considered in a land division. An exemption from land transfer tax may be possible in the context of an inheritance settlement. The sale of partial areas below the speculation period offers planning opportunities. It is recommended to consult a tax advisor to optimise the tax implications of the division.
Careful cost calculation and tax planning are crucial to making the land division economically successful. Here you can find more information on development costs.
Urban planning plays a central role in land division. The stipulations of the development plan (building density, GRZ, GFZ) and the types of land use in the land use plan form the basis for a permissible division and development. It is important to obtain information in advance about the applicable planning regulations to ensure that the division meets legal requirements.
Proactive and transparent communication with building supervision authorities, land registry offices, and land registry is crucial to expedite approvals and entries. The change restriction (§ 14 BauGB) serves as an instrument to secure urban planning and prevents actions that could complicate development planning. It is advisable to contact the relevant authorities early to identify and resolve potential issues.
Compliance with urban planning is of great importance to ensure the legal certainty of land division and to avoid future conflicts. Here you will find a glossary on construction law.
The compliance with building regulations is one of the biggest challenges when subdividing property. The surveyor plays a crucial role in checking the permissibility of building regulations. Addressing these issues at an early stage can prevent delays and complications. The boundary meeting holds significant legal importance. The legally binding recognition by all parties involved is documented in the boundary record. This helps to avoid future boundary disputes.
The decision between partitioning and subdivision surveying should be considered carefully. Although partitioning offers cost savings (up to 50%), it also carries risks and limitations. It is only recommended for clearly documented boundary lines. Handling illegal conditions following the subdivision is another challenge. There is a lack of a uniform approach to dealing with illegal conditions, which can lead to legal disputes and inconsistencies in enforcement.
Professional risk management is essential to overcome the challenges of subdividing property and to minimise potential negative impacts. Here you can find more information on subdivision surveying.
Technological developments are fundamentally changing land parceling. Automation and digital processes in surveying enable more efficient and precise execution. The use of Geographic Information Systems (GIS) in development planning improves planning foundations and allows for better visualization of spatial relationships. Building Information Modeling (BIM) plays an important role in construction cost control and allows for optimized planning and execution of building projects.
Digitalization offers numerous advantages for all parties involved. It allows for faster and more cost-effective execution of land parceling, improved planning foundations, and greater legal certainty. It is advisable to stay informed about the latest technological developments and to consider these in planning and executing parceling.
The integration of digital technologies into the land parceling process is an important step towards increasing efficiency and improving quality. Learn more about development costs here.
The property division is a complex process that requires careful planning and execution. The key insights are the importance of legal foundations, the necessity of precise surveying, the distinction between real and notional division, consideration of costs and taxes, adherence to urban planning, and risk management.
For builders, investors, and municipalities, it is advisable to inform oneself early on about the relevant aspects and seek professional support. Future developments in the areas of development planning and property division will be shaped by technological innovations and increased digitalisation.
Are you planning a property division and looking for an accurate and market-driven evaluation? Auctoa offers the expertise you need. Contact us today to find out more about our services and successfully implement your project. Get in touch now!
The Bayerische Vermessungsverwaltung provides information about the process and legal principles of land division in Bavaria.
Gesetze im Internet offers the full legal text for §29 of the German Land Registry Act (GBO).
Baurechtsuche.de provides a glossary with explanations of important terms in construction law, including land division.
What role do the state offices for digitisation, broadband, and surveying play in land division in Bavaria?
The state offices are responsible for the insertion of new property boundaries, the preparation of land register entries, and the actual on-site surveying. They play a key role in the approval process.
What is the difference between real division and notional division?
The real division creates new parcels, while the notional division represents a division into co-ownership shares, such as condominium ownership. This distinction has different legal and practical implications.
What is the significance of the development plan for land division?
In the development plan area, municipal approval is required (§ 19 para. 2 no. 5 BauGB). This step ensures that the division aligns with the urban development goals of the municipality.
How are easements handled in a land division?
Easements are not automatically cancelled in a land division. Each easement must be individually evaluated to determine its continuation.
What costs must be considered in a land division?
The costs include fees for local works, cadastral fees, incidental expenses, and value-added tax. The property value and the number of newly formed parcels also affect costs.
Which tax aspects are relevant in a land division?
A real estate transfer tax exemption may be applicable in the context of a settlement of inheritance. The sale of partial areas below the speculation period offers planning opportunities.
What is a change restriction and how does it affect land division?
The change restriction (§ 14 BauGB) serves as an instrument for securing urban land-use planning and prevents actions that could complicate development planning.
What role does the surveyor play in a land division?
The surveyor plays a crucial role in the verification of the admissibility of legal building conditions and the precise surveying of the property.
