The house seems affordable, but the hereditary building right (Erbbaurecht) expires significantly earlier than your planned financing. Now neither the usual total term of other contracts nor an oral indication that it could be extended will help. Purchase, remaining term and loan offer must refer to the same proven conditions.
Adopt the term from the documents
Our editorial recommendation: Have the current contractual and land registry status explained. Note the concrete end date of the hereditary building right, the agreed ground rent (Erbbauzins) and any relevant amendment provisions. Distinguish existing rights, negotiations still open and mere expectations. A historical document is not, without examination, a current promise of extension.
Also describe the period you yourself plan economically. An expected later sale may raise another question, but it is not a guarantee of a specific value. Therefore compare not only the purchase price today, but also the expressly known conditions for continued use.
Read an extension option carefully
Ask what a stated offer actually includes: period, consideration, ground rent, required cooperation and binding effect. A general willingness to talk on the part of the landowner does not answer these points. Have the wording examined individually before you use it as a firm basis for your loan.
§ 27 ErbbauRG contains rules on compensation on expiry and corresponding agreements. It also deals with a specific extension possibility to avert the obligation to pay compensation. [ERBBAU] No blanket assurance follows from this that your desired contract will be extended arbitrarily and at the same cost. Likewise, a specific compensation payment should not be planned as secure capital without contractual review.
The bank needs the same contractual version
Present the actual remaining term and existing extension documents at the financing discussion. Ask which prerequisites the institution bases for your concrete offer. This article does not state any general maximum term or loan-to-value ratio for hereditary building rights. Such statements would be too broad without the bank and contract constellation.
If the documents do not yet match, clarify the order of the next steps with the contractual and financing side. A provisional loan offer based on an assumed extension does not confirm that this has already been legally agreed. Changes should be traceable in all relevant documents.
Example: Two offers assume different end dates
A buyer receives a financing outline that assumes longer use. The existing hereditary building right documents initially show only the previous end date. She points out the discrepancy and asks which proof is required for the offer. She treats a non-binding intention to extend as not yet a changed contract until clarification.
A deliberate decision instead of a hidden gap
Create at the end an overview of the binding conditions and material open points. This should list term, payment obligations, extension status and financing prerequisites side by side. This makes it possible to see which question could still change the purchase decision. That does not replace an assessment of the hereditary building right, but it prevents a long-term financing from being tacitly planned on a shorter legal basis.