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Registering heritable building rights to several properties or heritable building rights

Service Description

The heritable building right is the right to erect a building on a plot of land owned by someone else, usually against payment of a so-called ground rent. For this purpose, a ground lease contract is concluded in which an individual ground rent is fixed for a limited term (usually a maximum of 99 years). The ground rent, which is usually payable annually, is generally subject to free agreement between the parties. A ground lease can be sold, inherited or lent. The ground lease can be granted by municipalities, churches, foundations or private individuals.

A hereditary building right can also be granted to several properties or several hereditary building rights (overall hereditary building right). When a heritable building right is created for one or more heritable building rights (so-called sub-heritable building right or also total sub-heritable building right), the owner of the heritable building right passes on his authority to build. In principle, for the registration of these joint hereditary building rights, the plots of land concerned must be

  • in the same land registry district and
  • in the same cadastral office district and must be
  • be directly adjacent to each other.

In the interest of economically sensible arrangements, this requirement may be deviated from by way of exception if

  • the properties to be encumbered are close to each other and
  • the subject of the heritable building right is a uniform building or a building with associated ancillary facilities on the properties to be encumbered , or
  • the heritable building right is to be divided into apartment or partial heritable building rights.

Entry in the land register is effected by creation of the hereditary building land register and entry of the hereditary building right in the land registers or encumbrance of the existing hereditary building right by entry of the sub-hereditary building right by the competent land registry office.

Process flow

You must apply for registration at the land registry. As a rule, the notary public who has certified or notarized the documents required for registration will arrange for the registration.

  • The documents required for registration are checked by the responsible legal officer at the land registry.
  • If documents are not complete or in the correct form, the competent Rechtspfleger will inform the notary or you in writing and request you to submit the missing documents or the documents in the correct form (to be certified or notarized).
  • If all the necessary documents have been submitted, the responsible legal officer will make the necessary entries, if necessary by creating a hereditary building land register.
  • The notary submitting the application and you will be notified of the registration with the registration notice.
  • The invoice of the land registry will be sent to you for payment of the costs.

Who should I contact?

The land registry office of the local court at which the land register or (in the case of registration of a sub-heritable building right) the heritable building land register is kept is responsible. You can find the responsible land registry office in the address database of the Germany-wide location and court search on the North Rhine-Westphalia justice portal (for link, see further information).

Competent authority

The land registry office of the local court at which the land register or (in the case of registration of a sub-heritable building right) the heritable building land register is kept is responsible. You can find the responsible land registry office in the address database of the Germany-wide location and court search on the North Rhine-Westphalia justice portal (for link, see further information).

Requirements

The heritable building right is created by agreement of the beneficiary with the owner(s) of the land or the heritable building beneficiary(ies) and entry of a corresponding note to this effect in Section II of the land register of the encumbered land. In addition, a hereditary building land register is created.

For the establishment of sub-heritable building rights, the agreement between the senior heritable building right holder and the sub-heritable building right holder is required, as well as the entry in the land register of the senior heritable building right. A hereditary building land register is created for the sub-hereditary building right.

For the registration of the joint or sub-heritable building right, an application for registration must be made by you or the certifying notary.

The registration of the heritable building right in the land register or in the heritable building land register and the creation of the heritable building land register take place when all the required documents have been submitted in due form and there are no obstacles to registration.

For further information on this subject, please contact a notary public.

Which documents are required?

  • Application of the owner(s) of the land plot(s) or the person(s) with the right of superficies in publicly certified form, if the application also contains the registration authorizationor
    written application of the owner of the heritable building right or of the beneficiaries of the heritable building right in the case of the creation of a joint heritable building right to several plots of land or several heritable building rights or of the beneficiaries of the heritable building right or the beneficiaries of the heritable building right in the case of the creation of a heritable building right to one heritable building right and , in addition, the registration consent of the owner(s) of the land or the beneficiaries of the heritable building right or the beneficiaries of the heritable building right in the form of a publicly certified document
  • clearance certificate from the tax office (more information on this can be obtained from the notary working in your case)
  • Proof of agreement between the owner of the land and the person entitled to the hereditary building right or the person entitled to the hereditary building right and the person entitled to the hereditary building right below in publicly certified form
  • if necessary, a certified map of the land registry office as proof that the land plots are close to each other
  • If applicable, credible evidence of the fact of (completed or intended) construction of a single building or a building with associated ancillary facilities on the plots of land or the fact of the intended division of the heritable building right into residential or partial heritable building rights (more detailed information on this can be obtained from the notary working in your case)
  • If necessary, further proofs and approvals

What are the fees?

(as of November 2020)

min. EUR 15 - max. EUR 26,585 (with a maximum transaction value of EUR 60,000,000 and the charging of one fee):

For the new registration of a heritable building right, a full fee is charged on the part of the land registry. Even in the case of an overall right, the fee is charged only once if the registration is made on the basis of an application filed at the same time and the land register for the plots is kept at the same land registry. The specific amount of the fee depends on the value of the transaction. For the determination of the transaction value, the amount of the ground rent capitalized in accordance with Section 52 of the German Law on Court and Notarial Costs (Gerichts- und Notarkostengesetz, GNotKG) is compared with the value of the developed property at 80 percent. The higher value is decisive.

With regard to the specific court costs to be expected in your case, you should ask the notary working in your case.

In addition to the costs for the work of the land registry, costs are also incurred for the work of the notary according to the GNotKG. Please ask the notary working in your case for the amount of the notary fees. You can also find information and examples of notary costs on the website of the Federal Chamber of Notaries (for link see further information).

Processing duration

individually, depending on the encumbrance situation of the responsible land registry office as well as the time when all required documents are available to the land registry office in due form

Legal basis

Author

The text was automatically translated based on the German content.

Technically approved by

Ministry of Justice Mecklenburg-Western Pomerania

Professionally released on

23.11.2020

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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