Overview
A construction project may only be approved and carried out if it complies with public building law. In some cases, however, it is not possible to comply with all public law regulations due to an unfavorable location or poor plot layout. For example, the necessary clearance areas or parking spaces cannot be accommodated on the building plot itself or the plot can only be reached via a neighboring property.
In such cases, the use of a neighboring property can possibly lead to the project being eligible for approval if its owner assumes a corresponding obligation under public law vis-à-vis the building regulations authority. In order to secure such an obligation in the long term, it is necessary to create a building charge and enter it in the register of building charges. The entry of a building charge then permanently removes the legal obstacles that prevent approval of the building project.
However, there is no entitlement to the assumption of such a building encumbrance obligation vis-à-vis the neighbor, especially as this may also restrict the buildability of the neighboring property and the assumption of a building encumbrance may also impair the economic value of the neighboring property. A building land charge declaration always also applies to the legal successor of such a property.
If you would like to know whether your property is encumbered with building charges, you can apply for information from the register of building charges.
