Service Finder
Building - Application for registration of a building encumbrance in the register of building encumbrances
Service Description
Construction encumbrances are declarations of obligation under public law by which the respective property owners undertake to do, tolerate or refrain from doing something on their property. The purpose of the obligation is to enable the beneficiary (developer), whose building project cannot be approved due to the given property situation, to build on or expand the use of his property by encumbering a neighboring property.
Without prejudice to the rights of third parties, building encumbrances become effective upon entry in the register of building encumbrances and also have effect vis-à-vis legal successors.
The building encumbrance shall cease to exist upon written waiver by the building supervisory authority. The waiver shall be declared if a public interest no longer exists.
Who should I contact?
The register of building encumbrances is kept by the lower building supervisory authority (district or city with no district or large city belonging to a district).
Requirements
Public interest in the construction load
Which documents are required?
- written declaration
- publicly notarized signature (can also be provided at the building supervisory authority)
- extract from the land register
- Excerpt from real estate map (cadastral map)
- site plan
What are the fees?
The registration of a building charge is subject to a fee from 50 to 1000 €.
What deadlines do I have to pay attention to?
none
However, the registration of a building encumbrance is a prerequisite for the issuance of a building permit, which requires a security under public law.
Legal basis
Applications / forms
none
Appeal
Contact the lower building supervisory authority.
Some authorities provide application forms on their websites or use an online service.
What else should I know?
The construction easement does not replace any additional civil law security that may be required (e.g. right of way and pipeline as an easement).
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Infrastructure and Agriculture
Professionally released on
09.08.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Verwaltungsgemeinschaft Südliches Saaletal - Bauamt
Address
07768 Kahla
Opening times
Personal contact only with prior appointment!
By appointment only
Parking spaces
Fees: yes
Further Authorities
Address
07607 Eisenberg
