Portion of the property

A parcel of land is a defined spatial area of a property that legally or in practice serves a separate function but has not yet been registered as an independent property in the land registry. Parts of a property arise through partitioning, easements, or usage-based demarcations and play a central role in real estate practice in the context of property divisions, boundary corrections, the creation of building encumbrances, and the establishment of condominium ownership.

Creation and Delimitation of Property Subdivisions

Legally, a property subdivision only becomes an independent property through official surveying and registration in the real estate cadastre, followed by entry in the land register. Until then, it remains part of the parent property. In practice, property subdivisions are relevant in the following cases:

• Property divisions: A property is to be divided into two or more independent parcels (e.g., for the separate sale of a portion or the development of a rear-facing property).
• Subdivision: A property subdivision is added to a neighboring property.
• Easements and public building obligations: A parcel is subject to a right of way or a public building obligation.

Procedure for converting a parcel into an independent property

Several steps are required to convert a portion of a property into an independent property: First, a publicly appointed surveyor conducts an official survey and defines the new boundaries. The result is reported to the real estate cadastre (update notification). Subsequently, the notary arranges for the entry in the land register based on the purchase agreement or partition agreement. Official approvals (e.g., subdivision approval in rural areas or exemption from building restrictions) may also be required.

A Portion of a Property as the Subject of a Sale

In practice, portions of properties are frequently sold, such as when an owner transfers a border plot to a neighbor or an investor acquires part of a commercial property. It is important to note: The purchase agreement can be notarized for a portion of land that has not yet been surveyed-the final area is then determined after the survey, and the purchase price is adjusted if necessary. Buyers should pay attention to utility connections, freedom from building encumbrances, and the planning-law independence of the parcel.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg and the surrounding Franconian communities, we frequently encounter situations where owners wish to sell a garden or green strip to neighbors or divide a rear-facing property. We recommend engaging a publicly certified surveyor early on, as wait times for surveying appointments can vary by region. Additionally, when dividing properties within the Nuremberg city limits, it must be verified whether the resulting sub-parcel is independently buildable under planning law or whether a “splinter plot” situation arises that the building permit authority would reject.

Frequently Asked Questions

Can I sell a portion of my property before it has been surveyed?

Yes, notarized purchase agreements for property parcels that have not yet been surveyed are permissible. The notary certifies an approximate description of the area; after the survey, the exact area and, if applicable, the purchase price are adjusted. The transfer of ownership takes place only after the survey is complete and the property is registered in the cadastre.

Who bears the costs of the land survey?

Generally, the seller or the buyer-depending on the agreement in the purchase contract. In Bavaria, survey fees are calculated according to the Survey Cost Ordinance; for a plot of 300 m², costs of €1,500-3,000 are typically expected.

Do I need official approval to subdivide a property in Nuremberg?

In urban areas (§ 34 BauGB) and in areas covered by a development plan, no separate subdivision permit is generally required in Bavaria if both resulting parcels meet the minimum planning requirements. In rural areas (§ 35 BauGB) and where special bylaws apply, a permit may be necessary.

Realizing Value Through Property Subdivision and the Sale of Portions

Selling a portion of a property is a way to realize hidden reserves in real estate assets without having to sell the entire property. Especially in sought-after Nuremberg neighborhoods such as Erlenstegen, Thon, or Ziegelstein, many owners have spacious properties whose development potential has remained untapped. Through targeted subdivision and the sale of a portion of the land to an investor or neighbor, significant capital can be released.

It should be noted that the sale of a portion of a property is subject to real estate transfer tax (3.5% in Bavaria). The seller may also be liable for capital gains tax if the property has been owned for less than ten years. Tax advice prior to the sale is therefore essential. We assist you in assessing the market value of the parcel and in finding suitable buyers in the region.

Planning Law Independence: A Decisive Factor

Not every parcel of land is automatically buildable, even if it is separated from a developed property. Building planning law requires that the new plot independently meet planning requirements-that is, it must be sufficiently large, comply with the floor area ratio (FAR), and have secure utilities (access, water, sewer, electricity). If these conditions are not met, a so-called “splinter plot” is created, which is worthless under building law.

Particularly in downtown Nuremberg or for properties on slopes in the Knoblauchsland area, the question of whether a portion of a plot is buildable can be complex. In such cases, we recommend submitting a preliminary inquiry to the building permit authority before incurring surveying costs. This allows you to clarify early on whether the planned subdivision project is viable under planning law.

Subdivision: Selling a portion of a property to a neighbor

A frequently underestimated option is subdivision: In this process, a portion of a property is not made independent but is directly added to the neighboring property. This occurs primarily when neighbors wish to adjust a boundary strip, a garden is divided by mutual agreement, or an access road to a rear-facing property is to be created. Subdivision requires the same procedural steps as a traditional division-official surveying, cadastral registration, a notarized contract, and a land registry amendment-but is often less complicated from a tax and planning law perspective because the resulting parcel does not become a separate property.

In practice, we recommend having the value of the sub-parcel assessed by an expert appraiser to determine a fair purchase price and avoid future disputes among neighbors. If necessary, we coordinate the collaboration between the surveyor, notary, and buyer.

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