Checking the plot: development plan, encumbrances and land value

What a development plan says

The development plan (Bebauungsplan) is a municipal by-law. It sets how plots in an area may be used and built on: type of use, scale, buildable areas and roads. Within such a plan a project is permitted if it does not contradict the provisions and access is secured (sec. 30 BauGB).

No development plan: built-up and outer areas

Within built-up parts of a municipality, a project is permitted if it fits into the character of its surroundings in type and scale of use, building style and covered area, and access is secured (sec. 34 BauGB).

In outer areas building is the exception: mainly privileged projects such as farms are allowed, others only case by case if public interests are not affected (sec. 35 BauGB). Extending a house there is often not possible.

Register of building encumbrances

A building encumbrance (Baulast) is a public-law obligation of the owner towards the building authority, for example keeping a setback free for a neighbour. It is recorded in the register of the building authority, not in the land register, and binds later owners. It is governed by state building codes; Bavaria keeps no such register and secures comparable duties through easements in the land register.

Reading the standard land value

The valuation board sets the standard land value as an average location value for a zone (sec. 196 BauGB), with a reference date and the features of the reference plot. Several states publish their values together on BORIS-D, others on their own portals. See purchase price for how to compare it with an asking price.

Land register extract: section II

The land register has three sections: I lists owners, II burdens and restrictions, III mortgages and land charges. Section II matters most to buyers: rights of way, utility rights, a right of residence, a heritable building right or a pre-emption right may survive the sale. Access requires a legitimate interest (sec. 12 GBO).

If you are arranging access to these records from overseas, the guide to preparing a German property purchase from abroad helps you coordinate the seller and notary.

Frequently asked questions