In the external zone: No duty of declaration for landscape conservation area
> August 2015
The Lower Saxony Court of Appeal (OLG Hamm) has rejected a duty of declaration over a landscape convention area for a land plot in the external area.
Facts and circumstances:The buyers hoped when they bought three land plots in the external area that these would be rezoned as building land. As the development of the land was finally rejected by the authorities, the buyers claimed that the buyer should have declared that the plots were located in a landscape conservation zone. On this basis, the buyers demanded reversal of the purchase contract and compensation for damages.
The ruling of the OLG Hamm:
The OLG Hamm (ruling of 26 March 2015 – 22 U 147/14) ruled that the vendor did not have to declare this status to the purchasers unprompted. Thus in the contractual negotiations there is no general legal obligation to declare to the buyer about all the details and circumstances, which could influence the latter’s decisions. The purchase is responsible for his own contractual activities and must therefore acquire all the information relevant his decision at his risk and costs. In particular, the purchasers knew that the object of purchase was not building land and should have comprehensively informed themselves about all legal framework conditions for the future developability of the properties. In exceptional cases, the vendor may be subject to a duty of declaration, in particular when the purchases may have in good faith reasonably expected notification of these circumstances taking into account accepted practice. This was rejected by the OLG Hamm as the landscape plan and the land usage plan, which are designated as landscape protection zones are generally accessible and viewable in the internet.
Conclusion:
The purchaser is basically required to inform himself. For larger transactions, it is therefore appropriate to have a due diligence report drawn up for the object of purchase.