Service Finder
Certificate of No Objection
Service Description
Upon application, a certificate of non-detriment may be issued stating, among other things, that a plot of land can be sold free of the encumbrances without the change in title being detrimental to the beneficiaries.
The prerequisite for this is that there is no fear of a disadvantage and that the part of the land is of lesser value and extent in relation to the remaining part of the land. In this case, the certificate of non-detriment replaces the authorization of the rightholders. The certificate of non-impairment shall be communicated to the owner of the land plot and to the affected persons entitled in rem. The latter will also be notified that the certificate of no objection is unappealable.
Further information (including downloads on the subject) can be found under the following link link:
Process flow
1. application in writing
- > fill in the form digitally or analogously and print it out
- > with signature and proof of legitimate interest to the TLBG cadastral divisions
2. processing in the cadastral areas of Erfurt, Leinefelde-Worbis or Zeulenroda-Triebes
- > Examination of the application requirements
- > Research (land register, archives, courts, ...)
- > Hearing of the parties involved
- > Preparation of the certificate of no objection and the cost decision
3. announcement
4. incontestability of the certificate of no objection
Who should I contact?
The cadastral divisions of the Thuringian State Office for Land Management and Geoinformation (TLBG) are responsible for issuing certificates of no objection; processing takes place at the cadastral divisions of Erfurt, Leinefelde-Worbis or Zeulenroda-Triebes. (see following overview).
Official evidence in connection with the certification of facts on the land (e.g. boundary certification) can also be issued by publicly appointed surveyors (ÖbVI) in addition to the cadastral divisions. However, consultations on the subject can be carried out by the cadastral divisions as well as by the ÖbVI.
An overview of the cadastral areas and the ÖbVI ("Additional contact directories for download" -> PDF "Directory of publicly appointed surveyors in Thuringia") can be found below:
Requirements
Anyone who has a legitimate interest in the determination of harmlessness is entitled to file an application.
This is regularly the case for the owner, the purchaser and the holder of a right to the property.
A certificate of innocuousness in accordance with the Thuringian Surveying and Geoinformation Act (ThürVermGeoG) can be applied for if
a) a part of a piece of land (separating piece) is to be sold free of the encumbrances (case of application of §28 paragraph 1 No.1 ThürVermGeoG),
b) in the case of residential or partial ownership, a part of the common property is to be transferred into special ownership or a part of the special ownership is to be transferred into common ownership free of the encumbrances (case of application of §28 Para. 1 No. 2, Letter a) ThürVermGeoG).
c) in the case of condominium or partial condominium ownership, part of the special property is to be sold to another condominium owner free of the encumbrances (case constellation §28 Paragraph 1 No. 2 b) ThürVermGeoG) or
c) a right to which the respective owner of a property (dominant property) is entitled in another property (subjective urgent right) is to be cancelled without the consent of those in whose favor the dominant property is encumbered (third party beneficiary) (case of application of §28 paragraph 1 no. 3 ThürVermGeoG).
Which documents are required?
- > a current extract from the land register
- > a copy of the notary contract
- > the addresses of the rights owners
- > an excerpt from the real estate map with identification of the partial area to be sold
What are the fees?
The issuance of certificates of non-objection, attestations and certifications is governed by the cost schedule to the Thuringian Administrative Cost Regulations for Official Surveying (ThürVwKostOVerm) in the currently valid version.
- Fee per affected right and involved right holder 40.00 EUR with a minimum fee in the amount of 200.00 EUR.
What deadlines do I have to pay attention to?
If the sale has already been executed in the land register, a certificate of harmlessness can no longer be issued.
Processing duration
- > upon submission of all required documents approx. 2 - 3 months
Legal basis
- > §§ 28 to 31 of the Thuringian Surveying and Geoinformation Act (ThürVermGeoG)
- > Thuringian Administrative Regulation on the Issuance of Certificates of No Objection (ThürVwVUZ)
- > Article 120 of the Introductory Act to the German Civil Code (EGBGB)
- > Thuringian administrative cost regulations for official surveying (ThürVwKostOVerm)
Applications / forms
An objection filed in due form and time shall have suspensive effect. This does not apply if only the decision on costs is contested.
If the objection cannot be remedied by the original authority, the procedural documents shall be handed over to the objection authority for further processing. The administrative court in whose district the property is located has local jurisdiction (see Section 52 No. 1 of the Administrative Court Code).
Appeal
Application see following link, under "Downloads around harmlessness certificates".
What else should I know?
If the scope of exercise of an easement or a limited personal easement is restricted to a certain part of a property, in the event of a division of the property, the exemption may also be applied for without a certificate of innocuousness by means of a BGB certificate.
Author
Thuringian State Office for Land Management and Geoinformation (TLBG)
The text was automatically translated based on the German content.
Technically approved by
TLBG - R 2.3
Professionally released on
28.09.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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