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Certificate of harmlessness

Service Description

Upon application, a certificate of non-detriment can be issued to establish, among other things, that a property can be sold free of the encumbrances without the change in title being detrimental to the beneficiaries.

The prerequisite for this is that no disadvantage is to be feared and that the part of the property is of lesser value and extent in relation to the remaining part of the property. The certificate of harmlessness replaces the authorization of the entitled parties. The certificate of harmlessness must be made known to the landowner and to the affected persons entitled in rem. They will also be notified that the certificate of harmlessness is incontestable.

Further information (including downloads on the subject) can be found at the following link to find:

Process flow

1. application in writing

- > Fill out and print out the form in digital or analog form

- with signature and proof of legitimate interest to the cadastral areas of the Thuringian State Office for Land Management and Geoinformation (TLBG)

2. processing in the cadastral areas of Erfurt, Leinefelde-Worbis or Zeulenroda-Triebes

- Checking the application requirements

- Research (land register, archives, courts, ...)

- > Consultation with the parties involved

- Preparation of the certificate of harmlessness and the cost decision

3. announcement

4. incontestability of the certificate of harmlessness

Who should I contact?

The branch offices of the Thuringian State Office for Land Management and Geoinformation (TLBG) are responsible for issuing certificates of harmlessness; processing takes place at the branch offices (see overview below).

Official certificates in connection with the certification of land facts (e.g. boundary certificates) can also be issued by publicly appointed surveyors (ÖbVI) in addition to the branch offices of the TLBG. However, advice on the subject can be provided both by the cadastral offices and by the ÖbVI.

An overview of the branch offices 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 submit an application.

This is usually the case for the owner, the purchaser and the holder of a right to the property.

A certificate of harmlessness in accordance with the Thuringian Surveying and Geoinformation Act (ThürVermGeoG) can be applied for if

a) a part of a plot of land (separate piece) is to be sold free of encumbrances (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 to separate ownership or a part of the separate property is to be transferred to common ownership free of the encumbrances (case of application of §28 (1) no. 2, letter a) ThürVermGeoG).

c) in the case of condominium or partial ownership, part of the special property is to be sold to another condominium owner free of the encumbrances (case constellation §28 para. 1 no. 2 b) ThürVermGeoG) or

c) a right (subjectively urgent right) to which the respective owner of a property (dominant property) is entitled to another property is to be revoked without the consent of those in whose favor the dominant property is encumbered (third party beneficiary) (case of application of §28 para. 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 holders

- > an excerpt from the real estate map showing the area to be sold

What are the fees?

The issuing of certificates of harmlessness, attestations and certifications is based on the schedule of costs for the Thuringian administrative cost regulations for official surveying (ThürVwKostOVerm) in the currently valid version.

- Fee per affected right and involved rights holder EUR 40.00 with a minimum fee of EUR 200.00

What deadlines do I have to pay attention to?

If the sale has already been completed in the land register, a certificate of harmlessness can no longer be issued.

Processing duration

If all the necessary documents are submitted, the processing time is 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 Harmlessness (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 lodged in due form and time has a 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 must 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

For the application, see the following link, under "Downloads relating to certificates of harmlessness".

What else should I know?

If the scope of an easement or a limited personal easement is restricted to a specific part of a property, exemption can be applied for without a certificate of harmlessness by means of a BGB certificate if the property is divided.

Author

Thuringian State Office for Land Management and Geoinformation (TLBG)

The text was automatically translated based on the German content.

Technically approved by

Thuringian State Office for Land Management and Geoinformation (TLBG)

Professionally released on

28.09.2021

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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