Verpflichtungserklärung zur Übernahme einer Baulast abgeben

Would you like to have a building encumbrance entered in the register of building encumbrances? Then you must apply to the relevant authority.

As a property owner, you can declare to the building supervisory authority that you accept obligations under public law that affect your property. The obligations may not already arise from public building law. The assumption of this so-called building obligation is intended to remove obstacles that could prevent development or change of use in individual cases. An example of this is the parking space building obligation, which, under certain conditions, can be used to ensure under public law that the required parking spaces are created on another property within a reasonable distance.

The building encumbrances become effective upon entry in the register of building encumbrances. Building charges also remain in place if you sell the property. They are then transferred to the buyer.

You must provide proof of ownership in the form of extracts from the land register (residential land register, hereditary land register). You must have the land register extracts notarized. They must not be older than one month.

The declaration of commitment must clearly identify the content of the public obligation assumed. If the building obligation cannot be clearly determined by text alone, a certified extract from the cadastral map must be attached to the declaration of obligation; a certified extract from the city map or a site plan within the meaning of Section 2 (1) and (2) of the State Ordinance on Building Documents and Building Inspection (BauuntPrüfVO) may also be used in its place. In the case of special land, building and boundary conditions, the building supervisory authority may request a site plan in accordance with § 2 Para. 3 BauuntPrüfVO. The areas affected by the building obligation must be marked by the land registry office, a publicly appointed surveyor or a surveying office in the extract from the cadastral map, the extract from the urban land map or the site plan

The requirements are set out in particular in No. 1.2 of the administrative regulation "Establishment and maintenance of the register of building encumbrances, proof of building encumbrances in the real estate cadastre (to § 86 LBauO)".

The registration of a building charge is subject to a fee. The amount of the fee is set out in the State Ordinance on Fees and Remuneration for Official Acts and Services under Building Regulations Law (Special List of Fees).

The registrationof a building obligation must be applied for at the local building supervisory authority.

A building obligation is assumed by a written declaration from the owner to the building supervisory authority. The signature must be publicly certified or made before the building supervisory authority or recognized by it.

Registration is usually closely linked to a specific construction project. There are no time limits for the registration procedure.

For disputes in connection with building charges, you can usually file an objection and then take legal action.

• Building obligation - Declaration of obligation to assume (declaration of assumption) Acceptance from the property owner
• Property owners can declare to the building supervisory authority that they will assume public-law obligations relating to their property.
• Documents required:
  • Certified excerpts from the land register (residential land register, hereditary building land register) that are not older than one month
  • The declaration of commitment must clearly state the content of the assumed public obligation
• Fees will be charged.
• There is no specific deadline.
• Responsible: Lower building supervisory authority

The lower building supervisory authority is responsible for registering a building charge. This is the district administration, in independent and large towns belonging to the district, the municipal administration or the association municipality administration if it has been assigned building supervision tasks (Diez and Konz association municipality administrations).

There is no nationally introduced form. If necessary, the local building supervisory authorities may have forms available to help you with your application.