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Apply for a certificate of harmlessness


General

The certificate of harmlessness facilitates the transfer of ownership of small parcels of land and thus contributes to the clean-up of public books and maps. Small or splinter parcels are often created during the relocation, widening and construction of new roads, paths, railways, watercourses and border straightening.

State of affairs

If a part of a property encumbered with a mortgage or other rights is to be sold, either the encumbrances resting on the main property must be transferred to the part to be sold or, if this is not to happen, the beneficiaries must release the part to be written off from the pledge and give their consent to this from a notary. However, the expenses associated with the deposit relief are usually disproportionate to the value of the separator to be depreciated. In this case, the certificate of harmlessness replaces the authorisation of the beneficiaries and enables depreciation without a pledge by means of an administrative act.

Examination

Ownership of a part of the property can be transferred free of encumbrances if it is determined by an official certificate (harmlessness) that the parcel to be depreciated has low value and scope and that the change in law does not cause a disadvantage for the beneficiaries. The law thus permits the certificate of harmlessness to extend to any case of sale, as well as to the exchange and the free assignment in addition to the purchase. It includes any burden other than public charges. These include, for example, real encumbrances, mortgages, land and annuity debts, usufruct, easement, heritable building rights, right of first refusal, permanent right of residence or use or right of way.

§ 2 para. 1 (2) provides that, under the same condition, the right to which the respective owner of another property is entitled may be revoked without the consent of those in whose favour the other property is encumbered.

The certificate of harmlessness may be limited to individual encumbrances.

When processing the application, it may turn out that the area to be made free of encumbrances in accordance with the application is not affected by the encumbrance (easement). In these cases, instead of issuing or rejecting a certificate of harmlessness, a certificate of non-compliance of the part of the property in question may be issued. Further information on this can be found under the application type "Application for the preparation of a certificate of non-involvement".

Process flow

The certificate of harmlessness replaces the dismissal of the pledge of the beneficiaries required in the context of a pledge-free transfer of parts of land (parcels).

  • After the application has been submitted, the requirements for the issuance of a certificate of harmlessness are checked by the cadastral office.
  • If the requirements are not met, a rejection notice will be issued with instructions on how to appeal and the collection of the Fees by means of a benefit notice.
  • If the conditions are met, the parties concerned shall be heard.
  • The certificate of harmlessness is issued after the expiry of the hearing period with instructions on how to appeal.

Issuance of the certificate of res judicata after expiry of the appeal period and collection of fees by means of a notice of performance.

Who should I contact?

A certificate of harmlessness is provided by the cadastral offices of the State Office for Geoinformation and Surveying of Lower Saxony (LGLN).

Requirements

Any person who has a legal interest in a declaration of harmlessness may apply for a certificate of harmlessness.

Which documents are required?

  • Designation of the parcel concerned by the cadastral designation with district, parcel and parcel number to which the certificate of harmlessness is to refer
  • Title of the right for which a certificate of harmlessness is to be issued
  • Up-to-date excerpt from the land register, if available
  • Copy of the certificate of approval in the case of encumbrances in Section II of the land register, if available (easements)

What are the fees?

The amount of the fees is based on the cost schedule for cadastral surveying (KOVerm).

The Fees for the issuance and rejection of a certificate of harmlessness are the same!

The Fees amount to € 510 (for up to 5 participants) plus VAT and expenses.

Processing duration

Processing Time: 2 - 3 Months

Applications / forms

Online service available: Yes

Online service: Apply for a certificate of harmlessness

Appeal

An application for a court decision against the issuance of the certificate of harmlessness may be filed within 2 weeks of service with the competent district court responsible for keeping the land register.

An immediate appeal against the decision of the district court to the district court is admissible.

Comments

The same amount of fees shall be charged for the issuance and refusal of a certificate of harmlessness.

Certificates of harmlessness are issued for all rights in rem to a property with the exception of public encumbrances.

Author

The text was automatically translated based on the German content.

competent Bodies


Niedersächsisches Landesamt für Geoinformation und Landesvermessung Niedersachsen (LGLN) - Regionaldirektion Oldenburg-Cloppenburg - Katasteramt Oldenburg

Data protection information


Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)