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.

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).

Public interest in the construction load

- 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

The registration of a building charge is subject to a fee from 50 to 1000 €.

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.

none

Contact the lower building supervisory authority.

Some authorities provide application forms on their websites or use an online service.

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).

The text was automatically translated based on the German content.

Thuringian Ministry for Infrastructure and Agriculture

09.08.2021