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Once a building has been completed, it must be officially surveyed and the result of the survey entered in the official record of the real estate cadastre.

In the real estate register, parcels of land are recorded with their boundaries and buildings with their ground plan. This also includes structures that characterize the cityscape or landscape, such as wind turbines or storage tanks.

In addition to the location and floor plan, further information on the building is collected. For example, the property records are required as a data basis for private legal transactions and for planning purposes. Authorities and organizations with security tasks use the data in the interests of citizens. In many cases, a property or building can only be mortgaged if the building is recorded in the real estate register. The real estate cadastre and its buildings are also indispensable when selling a property and as a data basis for navigation systems.

According to the Lower Saxony Law on Official Surveying(NVermG), landowners and persons with hereditary building rights are obliged to independently apply for their buildings to be surveyed and entered in the real estate cadastre, i.e. to submit an application for a building survey. As not all obligated persons are aware of this obligation, the legislator has provided that the update can also be initiated ex officio at the expense of the property owners or persons with hereditary building rights.

• Address or parcel designation on which the new building was erected

• If the application is submitted by an authorized person, a power of attorney is required. The power of attorney must be signed by the landowner or the person entitled to the heritable building rights.

You can submit an application for a building survey if you are

• the owner of the property
• a person with hereditary building rights
• a person with power of attorney (authorized representative) or with the consent of the owner or the person entitled to hereditary building rights
• an authority in the performance of its duties

are.

The application can be submitted at an early stage. The survey can be carried out when the building has been erected in its rising perimeter walls .

The surveying of buildings and entry in the real estate register is subject to a fee. The fees are based on the cost regulations for official surveying(KOVerm). These cost regulations are binding for the regional directorates and for the publicly appointed surveyors.

The fees are based on the construction value of the building.

For example, the fee for surveying and registering a detached house (construction value up to €350,000) is currently around €1,247.

• The building survey can be applied for at the local cadastral office of the Lower Saxony State Office for Geoinformation and Land Surveying(LGLN) or a publicly appointed surveyor licensed in Lower Saxony(ÖbVI).

• If no application is submitted and the land registry office learns that a building has been erected, e.g. through a local comparison, the property owner is requested to submit an application (request procedure). If the application is still not submitted, the application is deemed to have been submitted to the relevant land registry office after a period of one month.

• The documents required for the survey are prepared.

• The survey is usually announced.

• The building is surveyed on site.

• It is evaluated and entered in the real estate register.

• The landowner or the person entitled to inherit is notified of the entry in the real estate register. An extract from the real estate map is sent for this purpose.

• The notice of performance is issued and sent.

The surveying offices usually collect several building surveying orders in one area in order to be able to complete them together as economically as possible in the field. The entire process can therefore take several months.

However, urgent building surveys are generally completed within a few weeks. The urgency must therefore be noted on the application.

The official procedure for updating the building survey is subject to a deadline of one month. If no application has been submitted by the deadline, the building survey must be arranged by the surveying and land registry authority.

You can obtain further information

• from the cadastral offices of the Lower Saxony State Office for Geoinformation and Land Surveying (LGLN),
• from the publicly appointed surveyors (Öffentlich bestellter Vermessungsingenieurinnen und Öffentlich bestellter Vermessungsingenieuren (ÖbVI)).

You can lodge an appeal against the entry in the land register and against the performance notice with the competent administrative court.

No legal remedy is possible against the request and the on-site survey.

Property owners in Lower Saxony are obliged to have their buildings or building alterations surveyed and entered in the property register. To do this, they must submit an application for a building survey after completion.

The responsibility for the on-site building survey lies with the locally responsible cadastral office of the Lower Saxony State Office for Geoinformation and Land Surveying (LGLN) or a publicly appointed surveyor licensed in Lower Saxony (ÖbVI).

Online service available: Yes

Online service: Request building survey