Apply for a harmlessness certificate

The certificate of innocuousness facilitates the unencumbered transfer of ownership of small estates and thus helps to clean up the public books and maps. The law on certificates of innocuousness does not apply to public encumbrances.

General information

The certificate of innocuousness facilitates the transfer of ownership of small parcels of land and thus helps to clean up public records and maps. Small or fragmented parcels are often created when roads, paths, railroads and watercourses are relocated, widened or newly constructed and when boundaries are straightened.

Situation

If a section of a property encumbered with a mortgage or other rights is to be sold, either the encumbrances resting on the parent property must be transferred to the part to be sold or, if this is not to be done, the entitled parties must release the part to be written off from the lien and give their consent to this by a notary. However, the expenses associated with the release of the lien are generally disproportionate to the value of the part to be written off. In this case, the certificate of harmlessness replaces the authorization of the entitled party and enables the lien-free write-off by means of an administrative act.

Examination

Ownership of a part of the property can be transferred free of encumbrances if it is established by an official certificate (harmlessness) that the parcel to be depreciated is of low value and size and that the change in title is not likely to be detrimental to the beneficiaries. The law therefore allows the certificate of harmlessness to cover any case of disposal, including not only purchase but also exchange and free transfer. It includes any encumbrance with the exception of public charges. This includes, for example, real encumbrances, mortgages, land and pension debts, usufruct, easements, heritable building rights, pre-emption rights, permanent residential or usage rights or rights of way.

§ Section 2 (1) (2) stipulates that, under the same conditions, the right to which the respective owner of another property is entitled can be revoked without the consent of those in whose favor the other property is encumbered.

The certificate of harmlessness can be limited to individual encumbrances.

When processing the application, it may turn out that the area to be released from the encumbrance (easement) in accordance with the application is not affected by the encumbrance. In such cases, instead of issuing or rejecting a certificate of non-impairment, a certificate can be issued stating that the relevant part of the property is not affected. Further information on this can be found under the application type "Application for a certificate of non-affectedness".

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A certificate of harmlessness is provided by the cadastral offices of the State Office for Geoinformation and Land Surveying of Lower Saxony (LGLN).

Online service available: Yes

Online service: Apply for a harmlessness certificate

Any person who has a legal interest in establishing harmlessness may apply for a certificate of harmlessness.

An application for a court decision can be made against the granting of the certificate of harmlessness within 2 weeks of service at the competent local court responsible for keeping the land register.

An immediate appeal against the decision of the local court may be lodged with the regional court.

The indemnity certificate replaces the release of liens of the entitled parties required in the context of a lien-free transfer of parts of land (parcels).

• After the application has been submitted, the requirements for the issue of a certificate of harmlessness are checked by the land registry office.
• Ifthe requirements are not met, a notice of rejection is issued with information on legal remedies and the fees are charged by means of a notice of performance.
• If the requirements are met, the parties concerned will be heard.
• The certificate of innocuousness is issued after the expiry of the hearing period with information on legal remedies.

Issue of the certificate of legal force after expiry of the appeal period and collection of the fees by means of a decision on performance.

The amount of the fees is based on the cost regulations for official surveying (KOVerm).

The fees for issuing and rejecting a certificate of harmlessness are the same!

The fees are € 600 (for up to 5 parties) plus VAT and expenses.

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