Declare an obligation to assume a building obligation

Building charges are declarations of obligation under public law with which the respective property owners undertake to do, tolerate or refrain from doing something on their property.

As a prospective builder, you cannot always meet the legal requirements for a building project on your own property - for example, when it comes to creating the necessary supply and disposal lines, parking spaces, access, passage to your own property or compliance with the clearance areas. By registering a so-called building obligation on another - usually neighboring - property, the eligibility for approval of a certain construction project can nevertheless be established.

A building charge is an obligation under public law that an owner (or also the hereditary building or usufructuary) of a property enters into vis-à-vis the building inspectorate in favor of the building project of a third party - usually a neighbor. By registering a building obligation, the owner of the encumbered property permanently assumes the obligation to do, tolerate or refrain from doing certain things.

For a building encumbrance to become effective, it must be entered in the so-called building encumbrance register.

The building charge is binding for all legal successors.

Lower building supervisory authority (building supervisory authorities of the districts, independent cities and special status cities)

• Informal application in digital or analog form
• Designation of the property/parcel (street and house number or cadastral designation) to which the information relates
• Statement of your legitimate interest

Public interest in the building obligation.

You submit a digital or analog application depending on the responsible lower building supervisory authority.

Varies depending on the building inspectorate.

The municipalities can set their own fee levels by means of statutes.: Fee from 65,00 EUR to 440,00 EUR

Entries in the register of building encumbrances can only be changed or deleted with the consent of the lower building supervisory authority.