Buying a commercial plot follows different rules than acquiring a residential property. Whether the intended use is permissible at all, how densely you may build, whether the plot is connected to infrastructure and which risks lie hidden in the ground - all of this determines the value and economic viability of your project. We guide you in a structured way through the most important points, so that you can plan your acquisition in Düsseldorf and North Rhine-Westphalia on a sound footing from the outset.
Development plan and type of use: what may be built on the plot?
The first and most important question is: which use does the plot permit at all under planning law? The decisive factors are the municipality's development plan (Bebauungsplan) and the Land Use Ordinance (Baunutzungsverordnung, BauNVO). The latter distinguishes various types of area, each of which permits a different range of operations:
- Commercial area (Gewerbegebiet, GE), Section 8 BauNVO: Intended for commercial operations of all kinds that are not significantly disruptive, warehouses, storage yards as well as office and administrative buildings. Residential use is generally not permitted here - only dwellings for business owners or supervisory staff may be allowed by way of exception.
- Industrial area (Industriegebiet, GI), Section 9 BauNVO: Here, operations that would be inadmissible in other areas are also permitted - that is, significantly disruptive or high-emission facilities as well. Residential use is regularly excluded.
- Mixed area (Mischgebiet, MI), Section 6 BauNVO: Residential and commercial uses stand alongside one another in roughly equal measure. Permitted uses include, among others, commercial and office buildings, retail, and commercial operations that do not significantly disturb residential living.
- Urban area (Urbanes Gebiet, MU), Section 6a BauNVO: A dense, mixed development of living and working with greater tolerance toward commercial uses than the mixed area.
The decisive point is: the specific development plan can further restrict the requirements of the BauNVO, for instance by excluding certain sectors or setting emission limits. If no development plan exists, admissibility is governed by Section 34 or 35 BauGB. Therefore, clarify before the purchase whether your intended use is in fact capable of approval at the specific location.
GRZ and GFZ: how densely may you build?
In addition to the type of use, the development plan also regulates the degree of structural use. Two key figures are central here:
- The site occupancy index (Grundflächenzahl, GRZ) indicates what proportion of the plot may be built over. A GRZ of 0.8 means that 80 percent of the plot area may be built upon.
- The floor area ratio (Geschossflächenzahl, GFZ) describes the ratio of the total floor area of all full storeys to the plot area. A GFZ of 2.4 therefore permits a floor area of 2.4 times the plot size.
In Section 17, the BauNVO names so-called orientation values for upper limits. For commercial and industrial areas these are a GRZ of 0.8 and a GFZ of 2.4; in the mixed area 0.6 and 1.2; in the urban area 0.8 and 3.0. Instead of the GFZ, a built mass index (Baumassenzahl) describing the permissible building volume may also be set in commercial and industrial areas.
A sample calculation: for a commercial plot of 5,000 square metres and a GRZ of 0.8, up to 4,000 square metres may be built over. It is important to note that the specific development plan may set lower values. Check these figures early on, because they directly determine how much hall, office or production space can be realised - and thus the economic scope of your project.
Infrastructure development and development charges: connected or not?
A plot can only be sensibly built upon once it has been developed - that is, once it has a connection to the public road network as well as connections for water, sewage, electricity and telecommunications. Infrastructure development (Erschließung) is the task of the municipality and is regulated in Sections 123 et seq. BauGB.
For the construction of public infrastructure facilities, the municipality may levy development charges (Erschließungsbeiträge) under Sections 127 et seq. BauGB. In doing so, the municipality bears at least 10 percent of the chargeable costs; up to 90 percent may be apportioned to the owners of the benefiting plots. The charge generally arises as soon as the infrastructure facility has been definitively completed.
For you as the buyer, this makes a considerable difference: with a fully developed plot whose charges have already been settled, hardly any further claims are to be expected. With an undeveloped or only partially developed plot, on the other hand, you must reckon with sometimes considerable future development charges as well as with private property connection costs. Therefore, have the municipality confirm the development status and outstanding charges in writing and clearly settle the allocation of costs in the notarised purchase contract. In NRW, development plans and statutes can be viewed via Bauportal.NRW and directly at the municipality, among other sources.
Contamination and subsoil: what lies in the ground
Commercial and industrial sites have often already been used commercially in the past. This increases the risk of contamination (Altlasten) - that is, harmful soil alterations from earlier uses. The Federal Soil Protection Act (Bundes-Bodenschutzgesetz, BBodSchG) distinguishes between former waste deposits and former operating sites and recognises an important rule that is often underestimated: not only the polluter is liable, but, as a so-called condition-related disturber (Zustandsstörer), the current owner as well - and largely irrespective of whether they knew of or caused the contamination.
For buyers, this means: a careful examination before the purchase is indispensable. This typically includes researching the use history, a written enquiry to the contaminated sites register (Altlastenkataster) of the competent authority, inspection of existing surveys and - in the event of suspicion or prior commercial use - an exploratory soil investigation. Even the mere suspicion of contamination legally constitutes a material defect about which a seller must provide disclosure.
In addition, a subsoil survey (Baugrundgutachten) in accordance with the recognised rules of technology (DIN 4020 and DIN EN 1997, Eurocode 7) is recommended. It clarifies the load-bearing capacity of the soil, the groundwater level and the suitable type of foundation. Unknown subsoil is among the greatest cost risks of a construction project - those who establish clarity here early on avoid expensive surprises. Both investigations can often be sensibly combined and belong in every serious examination prior to acquisition.
Real estate transfer tax and broker costs in a commercial purchase
Real estate transfer tax (Grunderwerbsteuer) is also payable on a commercial plot. In North Rhine-Westphalia, the tax rate is 6.5 percent of the purchase price and is thus among the highest in Germany. With a purchase price of 1,000,000 euros, this therefore amounts to 65,000 euros of real estate transfer tax. You should firmly budget for this item as ancillary acquisition costs from the outset, since banks generally do not co-finance ancillary costs.
An important difference from a private residential property purchase concerns the broker costs: the so-called ordering-party principle with a halved sharing of the commission (Sections 656c and 656d BGB) applies exclusively to the purchase of an apartment or a single-family house by a consumer. In the acquisition of a commercial plot, or with commercial buyers and investors, this statutory protection does not apply. Here, the broker's commission is individually agreed between the parties. Those who know this can arrange the terms clearly and transparently from the start.
Commercial financing: different standards than in a private purchase
Financing a commercial plot differs markedly from private construction financing. Banks assess personal income less and the property itself, the planned use and yield case, and the company's creditworthiness more strongly. The terms are more individual and less standardised.
What is decisive is not the purchase price but the mortgage lending value (Beleihungswert) - a cautiously determined, sustainable value. Particularly with undeveloped commercial sites without secured use, in practice banks often require noticeably more equity than in the residential segment; equity ratios in the order of 40 to 50 percent are not uncommon. The fixed-interest periods and repayment structures are also often shorter.
Customary collateral is the first-ranking land charge (Grundschuld), with existing properties the assignment of rental claims, and where applicable guarantees. Risks such as contamination or a missing subsoil survey reduce the mortgage lending value and can make the financing more expensive or more difficult. Therefore, involve your bank early and submit meaningful documents - land register extract, development plan, contamination and subsoil surveys, and a robust profitability calculation.
Location factors and a reliable partner at your side
Whether a commercial plot pays off in the long term depends strongly on the location. The hard factors include transport connections to motorways and logistics hubs, the supply of electricity, fibre optics and further utilities, the plot's options for expansion, as well as the trade tax assessment rate (Gewerbesteuerhebesatz) of the respective municipality, which noticeably influences the tax burden. Soft factors such as the availability of skilled workers, the image of the location and the reliability of local approval processes round off the picture. Düsseldorf and the surrounding area in North Rhine-Westphalia offer a strong starting position here, with excellent transport connections and a dense economic network.
As an arm of Wolfgang Richter GmbH, we have been rooted in the Düsseldorf and North Rhine-Westphalian market for more than six decades. Over the years, an established network with more than 20,000 contacts has emerged, which helps us to bring plots and suitable prospective buyers together discreetly. In addition to residential properties, we also broker commercial properties and commercial plots in the region and accompany buyers through the central steps of the acquisition - factually, personally, and with the aspiration that you can comprehend every decision.
