Building - Application for registration of a building encumbrance in the register of building encumbrances

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 process for entering a building easement into the building easement registry in Thuringia involves several steps, which must be carried out by the property owner. Here are the key steps:

1. Submitting the Application: The application to register a building easement must be submitted in writing to the responsible building authority. Basic information, such as the parcel number and the exact nature of the planned obligation, is required.
2. Review by the building authority: Upon receipt of the application, the building authority reviews whether the requirements for registering the building easement are met. This includes a review of the requirements under building law and the applicant’s voluntary consent. 
3. Declaration of Consent: Once approval has been granted by the building authority, a notarized declaration from the owner is required. This serves as proof of the voluntary commitment and is submitted to the competent building authority.
4. Entry in the Register of Building Encumbrances: The entry becomes effective upon registration in the Register of Building Encumbrances and is also binding on legal successors.

The register of building encumbrances is kept by the lower building supervisory authority (district or independent city).

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

There is a fee for registering a building easement, which can range from 50.00 to 1,000 euros. The exact fees may vary depending on the specific case.

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However, the registration of a building encumbrance is a prerequisite for the issuance of a building permit, which requires a security under public law.

This varies depending on whether the requirements are met. Please check with your local building authority.

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Contact your local building authority. Find out which application forms or online services are available for your specific request. This may vary by municipality.

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.

Thüringer Ministerium für Digitales und Infrastruktur

17.07.2026