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Building encumbrances: Entry - in the register of building encumbrances


Building encumbrances: Building encumbrances are obligations under public law on the part of property owners to act, tolerate or refrain from doing their land that do not already result from public law provisions. This makes it possible to expand the construction or use of another property.

The building encumbrances will be assumed by written declaration to the building supervisory authority. The signature must be publicly certified or made or recognized by a surveying body or before the building supervisory authority. Public certification can also be carried out by the municipalities.

Without prejudice to the rights of third parties, the building encumbrances become effective upon entry in the register of building encumbrances. Building encumbrances remain in place even if the property is sold, so they also have an effect on legal successors.  

The construction burden is lost by written waiver by the building supervisory authority. The waiver must be declared if there is no longer a public or private interest in the construction burden. Before the waiver, the obligated party and the beneficiaries of the construction burden should be heard. The waiver becomes effective with the deletion of the building encumbrance in the list of building encumbrances.

List of encumbrances: The register of building encumbrances is kept by the building supervisory authority. Other obligations of the property owner under building law to act, tolerate or refrain from doing his or her property as well as conditions, time limits and reservations of revocation may also be entered in the list of building encumbrances.

Anyone who demonstrates a legitimate interest can inspect the list of building encumbrances and obtain extracts.

Who should I contact?

The responsibility lies with the district, the independent city, the large independent city and the municipality with building supervisory powers.

Which documents are required?

  • Owner's declaration of encumbrances
  • Proof of ownership of the property to be encumbered (current land register excerpt)
  • Site plan

What are the fees?

The registration and deletion of a building encumbrance as well as other entries in the register of building encumbrances are subject to a fee, as is the issuance of excerpts. The amount of the fee is determined in accordance with the Construction Fee Regulations (BauGO).

Author

The text was automatically translated based on the German content.

Applications / Forms

competent Bodies


Landkreis Emsland - Fachbereich Hochbau
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible

Ansprechpartner

Ann-Christin Gudweth
Telephone: 05931 44-2716
Room:
A 515 a
responsible for:

Data protection information


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

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)