You have bought a yet-to-be-surveyed parcel subsection. A new land parcel designation and a differing area figure are now available. Before you treat any declaration on this as a mere formality, you must understand which area was agreed and what the new result actually describes.
Separate area and boundary alignment
Our editorial recommendation: Place the purchase contract, the associated plan and the new survey documents side by side. Is the same spatial area now being specified more precisely, or is its configuration also different? A different square metre figure does not answer this question by itself. Likewise, a similar figure does not prove that exactly the same area is meant.
Have a surveying professional and the notary explain the connection between the old subsection description and the newly formed land parcel. Use the same current documentation base for every follow-up query. Note deviations concretely, without already classifying them yourself as insignificant or as breaches of contract.
Understand the purpose of the measurement acknowledgement
In its decision of 01.10.2015, V ZB 181/14, the BGH classified the measurement acknowledgement as confirmation of the identity between an unsurveyed sold subsection and the newly formed land parcel. According to this decision it does not serve to establish contractual performance as a general rule. [IDENTITAET]
The article does not uncritically transfer the specific representation case back then to your deed. It highlights a difference important for your query: Which area is being allocated, and what additional declaration might you be expected to give? Have the content, the authority and the legal significance of the proposed declaration explained.
Read the actual price agreement
Check with contractual advice whether a fixed price, an area-based price or another adjustment rule was agreed. A differing area figure is not automatically multiplied by a self-selected price per square metre. The concrete contract determines the starting point of the legal examination; this article neither confirms a right to adjustment nor its exclusion.
Only as a hypothetical calculation aid: If an invoiceable area of expressly 650 square metres at 300 euros per square metre were assumed, the result would be 195.000 euros. At 662 square metres it would be 198.600 euros. This difference of 3.600 euros applies exclusively under the assumptions given. It says nothing about which rule actually exists in your contract or whether the new configuration corresponds to the agreed object.
Hypothetical case: The figure looks favourable, the configuration remains unclear
A buyer receives a result with slightly more area than expected. He initially regards this as an unrestricted advantage. However, a plan comparison leaves open whether the corner important for his access belongs to the new land parcel.
He first has the spatial relationship clarified. Afterwards, the contractual agreement, price consequences and the documents relevant to the intended use are examined together. The example asserts neither a surveying error nor a purchase-price reduction. It shows why more square metres do not resolve an unclear allocation.
Record the clarified result in the execution
§28 GBO contains requirements for the property designation in the registration consent or application. [BEZEICHNUNG] Please ask the notary to explain which documents are still required for the concretely formed property and whether existing evidences fit the same object. The article does not assert a blanket obligation to reissue all permits.
Record the confirmed result for financing and your own usage plan. A desired change will not be inserted into the execution without appropriate professional drafting. This article addresses the actual survey result present after purchase, not the prior building-law planning of a subdivision.