responsibility finder
Schleswig-Holstein

Requesting access to the register of building encumbrances

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Building encumbrances are voluntary, public-law obligations of property owners to do, tolerate or refrain from doing something on their property that does not already result from public-law regulations. Building encumbrances can be used to permanently compensate for deficits in building law arising from public law regulations that prevent the implementation of a project.

Building encumbrances are assumed by means of a written declaration (declaration of commitment) to the building supervisory authority. The signature must be publicly notarized or made before the building supervisory authority or acknowledged by it. Building encumbrances remain in force even if the property is sold, i.e. they are also effective against legal successors. Building encumbrances only cease to exist if they are waived in writing by the building supervisory authority. The waiver must only be declared if there is no longer a public interest in the building charge. The obligated party and the beneficiaries of the building encumbrance should be heard prior to the waiver.

Building encumbrances become effective - irrespective of the private rights of third parties - when they are entered in the register of building encumbrances. The waiver also only becomes effective when the building encumbrance is deleted from the register of building encumbrances. The register of building encumbrances is kept by the building supervisory authority. Other obligations of the landowner under building law to do, tolerate or refrain from doing something concerning his or her land, as well as conditions, time limits and reservations of revocation, can also be entered in the register of building encumbrances.

Anyone who can demonstrate a legitimate interest may inspect the register of building encumbrances and obtain copies.


Who should I contact?
  • To the districts, independent cities or
  • to the independent municipalities (cities) listed in § 1 of the state ordinance on the transfer of tasks of the lower building supervisory authorityto independent municipalities and offices (8th VO-LBO).
What are the fees?

Fees are charged in accordance with the Building Fees Ordinance (BauGebVO). Detailed information can be obtained from the responsible office.

Legal basis
Author

The text was automatically translated based on the German content.

Who should I contact?

  • To the districts, independent cities or
  • to the independent municipalities (cities) listed in § 1 of the state ordinance on the transfer of tasks of the lower building supervisory authorityto independent municipalities and offices (8th VO-LBO).

What are the fees?

Fees are charged in accordance with the Building Fees Ordinance (BauGebVO). Detailed information can be obtained from the responsible office.

Legal basis

Author

The text was automatically translated based on the German content.

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