Building encumbrances

If not all legal regulations are complied with on a building plot, the registration of building encumbrances on neighboring properties in accordance with § 90 Thüringer Bauordnung (ThürBO) can remedy this deficiency. For example, building encumbrances can be registered for clearance areas, rights of way, property associations and more.

Building encumbrances are therefore encumbrances under public law on a property and become effective upon entry in the register of building encumbrances, irrespective of the rights of third parties, and are also effective against the legal successor.

Building encumbrances are created by a voluntary, written declaration of acceptance of the building encumbrance by all owners of the encumbered property. The consent is submitted to the building supervisory authority and must be recognized by it.

Building encumbrances are not extinguished by the sale of a property or a forced sale; they can only be deleted if the reason for registration no longer applies and there is therefore no longer any public interest.

Building charges must be distinguished from easements, which are entered in the land register as an agreement under private law.

Building charges are usually ordered in connection with the processing of another application procedure (building application, preliminary decision, division, deviation) in the Building Regulations and Monument Protection Department. Only those building encumbrances that are relevant under building regulations or building planning law are recorded. The building land charge declaration must be signed by all owners of the encumbered property (in the Building Regulations and Monument Protection Department or by a notary).

Building obligation application according to § 90 ThürBO

• Application form or informal - the form can be used optionally, the building encumbrance content (text) is specified by the building inspectorate the binding signatures must be provided before the building inspectorate (or a notary) on the declaration of commitment: 1 copy
• current certified extract from the land register of the encumbered property: 1 copy
• Extract from the real estate map (cadastral map): 1 certified copy + 3 copies
• Site plan (§ 7 ThürBauVorlVO) generally 1:250 scale, preferably by publicly appointed surveyors (ÖbVI): 4 copies

Site plan depending on the type of building charge with

• property designation
• dimensioned building charge area
• Dimensions, including property boundaries
• Green areas, access roads, parking spaces
• Buildings and other structures
• Elevations of existing and planned terrain, height classification of structures
• Clearance areas
• All supply and disposal facilities
• Development plan stipulations
• Legend, title block

• Thuringian Building Code (ThürBO)
• Thuringian Ordinance on Building Submissions and Building Supervisory Notifications (Thuringian Building Submission Ordinance -ThürBauVorlVO-)
• Implementation notice for the Thuringian Building Code (VollzBekThürBO)
• Thuringian Building Fees Ordinance (ThürBauGVO)