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:

Distance area building obligation
If the required distance area to the property boundary is not maintained by a building project, the owner of the neighboring property can take over the missing distance area by registering a building obligation on the neighboring property. In this case, the assumed clearance area must be observed in addition to the clearance area to be observed on the property itself.

Unification building obligation
A building may only be erected on several properties if a building obligation ensures that they remain combined as a single property unit for the duration of the development. The unification building obligation has no effects under private law (e.g. with regard to the land register or tax law). The unification building obligation makes it possible to build over property boundaries. If necessary, other infringements of building regulations can also be remedied by means of an unification building obligation.

Parking space construction obligation
Buildings and other facilities where access or exit traffic is to be expected may only be erected if a sufficient number and size of parking spaces are provided. The parking spaces must always be created on the building plot itself. Proof of parking spaces on another property within a reasonable distance is only possible if these parking spaces are secured under public law (i.e. through the registration of a building charge).

Information from the register of building encumbrances
Anyone who can demonstrate a legitimate interest can inspect the register of building encumbrances and obtain copies. This includes, in particular, prospective buyers and future mortgage and land charge creditors.