Building encumbrances, list of building encumbrances

You must contact the competent authority for the transfer of building encumbrances and entries in the register of building encumbrances.

Building encumbrances are public-law obligations of property owners to do, tolerate or refrain from doing something on their property that does not already result from public-law regulations. This makes it possible to extend the construction or use of another property.

The building encumbrances are assumed by written declaration to the building supervisory authority. The signature must be publicly certified or provided by a surveying office or before the building supervisory authority or recognized by it.

The building encumbrances become effective upon entry in the register of building encumbrances, irrespective of the rights of third parties. Building encumbrances remain in force even if the property is sold, i.e. they are also effective against legal successors.

The building charge is extinguished by a written waiver by the building supervisory authority. The waiver must be declared if there is no longer a public interest in the building obligation. The obligated party and the beneficiaries of the building obligation should be heard before the waiver. The waiver becomes effective with the deletion of the building encumbrance in the register of building encumbrances.

The register of building encumbrances is kept by the building supervisory authority. Other obligations of the property owner under building law to do, tolerate or refrain from doing, tolerating or refraining from doing something that affects his or her property, as well as conditions, time limits and reservations of revocation, can also be entered in the register of building encumbrances.

Anyone who can demonstrate a legitimate interest may inspect the register of building encumbrances and obtain copies.

Building supervisory authority at the district / independent city / special status city

• Declaration of encumbrance by the owner
• Proof of ownership of the property to be encumbered (current extract from the land register)
• site plan

• Municipal building supervision fee statutes

The entry and deletion of a building charge and other entries in the register of building charges are subject to a fee, as are copies from the register. The amount of the fee is determined in accordance with the administrative cost regulations for the business area of the Ministry of Economic Affairs, Energy, Transport and Regional Development (VwKostO-MWEVL) or the municipal building supervision fee statutes.