Regulation for using landscape (Landschaftsfläche) as garden

4 posts in this topic

Hello Everybody,

 

I recently noticed that there is a high demand for garden in my area and small gardens are rented for 150-200 Euro monthly.

I saw some advertisements for sale and the prices are not really high. I could easily find something reasonable for 15000 Euro.

I asked one seller about the Grundbuch registration and the garden is written as Landschaftsfläche. 

I am thinking about buying gardens and leasing them, the so called Verpachten, and I have several questions in this context:

1)  Do banks finance such a properties? has anybody an experience?

2) Is it legally fine to use Landschaftsfläche as garden?

3) Is it allowed to make multiple gardens in a Landschaftsfläche?

4) Is there any authority responsible for providing electricity and water for such gardens?

 

Thanks in advance for all your suggestions ...

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Are you absolutely sure the seller actually said "Landschaftsfläche" and not "Landwirtschaftsfläche"? I'm asking because the former is not a commonly used term whereas the latter is as it does apply to most of the unforested rural land area of Germany. 

 

5 hours ago, Moonwave said:

1)  Do banks finance such a properties? has anybody an experience?

2) Is it legally fine to use Landschaftsfläche as garden?

3) Is it allowed to make multiple gardens in a Landschaftsfläche?

4) Is there any authority responsible for providing electricity and water for such gardens?

 

Since your profile doesn't show, and you haven't said, which Bundesland you are in its hard to point you in the direction of answers to your questions. Regulations on the use of such land are subject to state laws although their implementation is generally devolved to the Landkreis level and local policies may be within the remit of your Verbandsgemeinde or even your individual Gemeinde.

 

Some Germany-wide information on the general types of use of such land can be found on the Destatis website's FAQs on the subject e.g. Was ist der Unterschied zwischen der "Landwirtschaftsfläche" und der "landwirtschaftlich genutzten Fläche"? and, on land classifiction codes used in German Katasteramten, in the German Wikipedia under Nutzungsarten des Bodens

 

1) I'm sure many, particularly local, banks would be happy to offer financing to credit-worthy prospective purchasers who can provide a title to land in Germany as security.

2) That depends on your state laws and their local implementation.

3) see 2)

4) If the land is not already easily accesible to the nearest electricity or fresh and foul water supply points then it's usually the landowner's responsibility to cover the lion's share of the cost of any necessary work involved albeit there are authorities who will be responsible for ensuring the both the adherence to legal and material safety aspects of such works and the supply of those utilities.

 

For a brief overview of fresh and waste water provisions please see

5 Zuständigkeit für Trinkwasserversorgung und Abwasserentsorgung

wrt the electricity supply Energieversorgungsunternehmen im engeren Sinne

 

Hope you have fun with your planning!

 

2B

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18 hours ago, 2B_orNot2B said:

Are you absolutely sure the seller actually said "Landschaftsfläche" and not "Landwirtschaftsfläche"?

Dear 2B,

 

Thanks for your through reply.

I live in BW and as far as I find out today, the landscape could be used as garden.

 

For that particular case, it could be the case that the seller meant Landwirtschaftsfläche but tried to shorten it.

 

I have to go through all these links and do further reasearch to find out the different aspects of this plan.

Apparently none of TTers went through such a thing.,,

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OK, so here's the juris databank for Landesrecht BW where you can find the original text of all BW state acts, ordnances and regulations as well as state administrative court decisions, parliamentary proclamations and case law judgements on all BW state law issues. You can also find applicable BW-specific federal acts and relevant EU law there.

 

The primary laws which govern these matters at state level include the Landesplanunggesetz (LplG) the Landesentwicklungplangesetz (LePG) and the Räumordnungsgesetz (ROG) all of which fall within the legal speciality field Baurecht.

 

If you live in a small commune your best move might be to just ask your local Burgermeister/in whether there may be any forseeable issues. Otherwise talk to one of the senior folk at the Bauamt if your nearest political admin is a Verbandsgemeinde, Kreis or Landkreis.

 

2B

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