Building encumbrances, building encumbrance register

Building encumbrances are public-law obligations of property owners to do, tolerate or refrain from doing something that affects their property, which do not already result from public-law regulations. This makes it possible to extend the construction or use of another property.

The building encumbrances are accepted by means of a written declaration to the building supervisory authority. The signature must be officially certified or acknowledged by a surveying office or before the building supervisory authority.

Without prejudice to the rights of third parties, the building encumbrances shall become effective upon entry in the register of building encumbrances. Building encumbrances remain in force even if the property is sold, i.e. they are also effective vis-à-vis legal successors.

The building encumbrance shall cease to exist by written waiver by the building supervisory authority. The waiver shall be declared if there is no longer a public interest in the building charge. Prior to the waiver, the obligated party or parties and the beneficiaries of the building charge shall be heard. The waiver shall become effective with the deletion of the building charge from the register of building charges.

The register of building encumbrances is kept by the building supervisory authority. Other obligations of the property owner under building law to do, tolerate or refrain from doing something affecting his or her property, as well as conditions, time limits and reservations of revocation, may also be entered in the register of building encumbrances.

Anyone who demonstrates a justified interest may inspect the register of building encumbrances and obtain copies.