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.