Building load

A building charge is an obligation under public law assumed by the property owner vis-à-vis the building supervisory authority to do, tolerate or refrain from doing something concerning the property. Notwithstanding the rights of third parties, building encumbrances become effective upon entry in the register of building encumbrances and are also effective against legal successors.

The building register declaration must be in writing. The signature must be publicly notarized or made before the building supervisory authority or recognized by it. A declaration in electronic form is excluded.

The register of building encumbrances is kept by the building supervisory authority. Requirements, conditions, time limits and reservations of revocation can also be entered in the register of building encumbrances. The building encumbrance is extinguished by a written waiver by the building supervisory authority.

Examples:

Setback EasementIf a construction project does not maintain the required setback from the property line, the owner of the neighboring property may assume responsibility for the missing setback by registering a setback easement on the neighboring property. In this case, the set-back distance assumed must be maintained in addition to the set-back distance that must be observed on the property itself.

Joint Building Easement
A building may be constructed on multiple parcels of land only if a building easement ensures that they remain grouped as a single land unit for the duration of the construction. The consolidation easement has no implications under private law (e.g., with regard to the land registry or tax law). The consolidation easement enables construction that straddles property lines. In some cases, other violations of building codes can also be resolved through a consolidation easement.

Parking Space Construction Requirement:Structures and other facilities where incoming or outgoing traffic is expected may only be constructed if a sufficient number and size of parking spaces are provided. Parking spaces must generally be provided on the building lot itself. Proof of parking spaces on another lot located within a reasonable distance is only acceptable if these spaces are secured under public law (i.e., through the registration of a building obligation).

Information from the Register of Building Encumbrances
Anyone who demonstrates a legitimate interest may inspect the Register of Building Encumbrances and obtain copies. This includes, in particular, prospective buyers and future mortgage and land charge creditors.