Construction encumbrances

Insofar as not all statutory regulations are complied with on a building plot, the registration of building encumbrances in accordance with Section 82 of the Thuringian Building Code (ThürBO) on neighbouring plots of land can remedy this deficiency if necessary. For example, building encumbrances can be registered for distance areas, rights of way, property unions and more.

Building encumbrances are therefore encumbrances under public law on a plot of land and, irrespective of the rights of third parties, become effective upon entry in the register of building encumbrances and also have effect vis-à-vis the legal successor.

Building encumbrances come into existence through a voluntary, written declaration of acceptance of the building encumbrance by all owners of the encumbered property. The consent is given to the building supervisory authority and must be acknowledged by the latter.

Building encumbrances do not cease to exist as a result of the sale of the property or compulsory auction; they can only be deleted if the reason for registration has ceased to exist and there is therefore no longer a public interest.

Construction encumbrances are to be distinguished from easements, which are entered in the land register as an agreement under private law.

The building encumbrance order is usually made in connection with the processing of another application procedure (building application, preliminary decision, division, deviation) in the Building Regulations Department. Only those building encumbrances relevant under building regulations or planning law are recorded. The declaration of encumbrance must be signed by all owners of the encumbered property (in the Building Regulations Department or by a notary).

Application for building encumbrance according to § 82 ThürBO

• Application form or informal - the form can be used optionally, the building encumbrance content (text) is specified by the building inspectorate the binding signatures are to be provided on the declaration of obligation before the building inspectorate (or a notary): 1 copy
• Current certified extract from the land register of the encumbered property: 1 copy
• Extract from the real estate map (cadastral plan): 1 certified copy + 3 copies
• Site plan (§ 7 ThürBauVorlVO) usually M 1:250, preferably by publicly appointed surveyors (ÖbVI): 4 copies

Site plan according to type of building charge with

• property designation
• dimensioned building charge area
• Measurements, also of property boundaries
• green areas, access roads, parking spaces
• Buildings and other constructions
• Height details of existing and planned terrain, height classification of the building structures
• Distance areas
• All supply and disposal facilities
• Development plan regulations
• Legend, title block

• Thuringian Building Code (ThürBO)
• Thuringian Ordinance on Building Documents and Notifications by Building Authorities (Thuringian Ordinance on Building Documents -ThürBauVorlVO-)
• Notice of enforcement of the Thuringian building code (VollzBekThürBO)
• Thuringian Building Fees Ordinance (ThürBauGVO)