List of Easements

Register of Building Obligations - The Register of Building Obligations is a public registry maintained by the local building authority in which building obligations are recorded. A building easement is a public-law obligation of a property owner toward the building authority to perform, refrain from, or tolerate certain actions. Unlike easements, building easements are not entered in the land register and are not visible upon a simple review of the land register.

Typical Building Encumbrances and Their Effects

The most common building encumbrances in practice and their economic consequences:

Type of Encumbrance	Obligation	Typical Effect on Property Value
Setback Encumbrance	Assumption of the neighbor’s setback area	Reduced buildable area; 5-15% decrease in value
Parking space easement	Provision of parking spaces for neighboring property	Restriction on use; reduction in value depending on location
Consolidation easement	Legal consolidation of multiple parcels	Enables joint development; may increase value
Access easement	Must allow access across one’s own property	Loss of usability; permanent and location-specific
Building line easement	Must maintain a closed building line at the boundary	Restriction on building plans

Setback easement: The owner of a neighboring property assumes responsibility for the setback area of the adjacent building on their own property-they undertake not to build on this area. This easement is particularly common for closely spaced buildings in downtown locations.

Parking space easement: The owner designates parking spaces on their property for a neighboring property that cannot meet the parking requirement on its own land. This permanently restricts the usability of the affected area.

Consolidation easement: Several parcels are treated as a single property under building law without a legal merger in the land registry. This enables, for example, the joint development of multiple parcels.

Access easement: The owner permits access across their property for the benefit of a rear-facing property. Relevant for properties without their own road access.

Building line easement: The owner agrees to maintain a closed building line at the property boundary-important for the continuation of perimeter block developments in downtown locations.

Significance When Buying Real Estate

Easements can significantly limit the value and potential uses of a property: A setback easement reduces the buildable area, while a parking space easement restricts the use of open spaces. Since easements are not listed in the land registry, they are easily overlooked during a standard purchase review. Buyers should therefore always request an extract from the easement register before purchasing.

Easements automatically transfer to the purchaser upon a change of ownership-the new owner assumes the obligation even if they were unaware of it. A subsequent challenge is not possible once the purchase is finalized. Therefore, checking for easements before signing the contract is essential. Unlike an easement under Sections 1018 et seq. of the German Civil Code (BGB), a building encumbrance takes effect exclusively under public law-it is binding on the building authority but does not establish a private-law neighborly relationship.

Register of Building Encumbrances in Bavaria: A Special Case

Bavaria occupies a special position: Unlike most other federal states, Bavaria does not maintain a traditional register of building encumbrances. Public-law obligations that would be registered as building encumbrances in other federal states are typically secured in Bavaria as limited personal easements or real easements in the land register (Section II).

This means: In Bavaria, building-related restrictions-insofar as they pertain to specific properties-are generally found in Section II of the land register. Nevertheless, public-law requirements and obligations that are not entered in the land register may emerge from the building files at the building authority in Bavaria. Examples include building permits with specific conditions (e.g., building height limits, landscaping requirements, drainage requirements) or older permits with conditions. Therefore, reviewing the building file is also advisable in Bavaria and is standard practice in professional due diligence.

How to Check for Building Encumbrances - Step-by-Step

Step	Action	Responsible Authority
1	Land Registry Inspection, Section II	Land Registry Office / Nuremberg Local Court
2	Information on building encumbrances (outside Bavaria)	Lower Building Supervisory Authority
3	Inspection of the building file	Nuremberg Building Authority (Bauhof 2)
4	Information on contaminated sites and unexploded ordnance	Environmental Office / BLKA Bavaria
5	Cadastral map review for utility easements	Cadastral Office

Practical Tip for Property Owners in Nuremberg and Franconia

We strongly recommend that buyers in the Nuremberg metropolitan area review Section II of the land register before purchasing any property and also request access to the complete building file from the Nuremberg Building Authority (Bauhof 2). The fee for a building encumbrance report ranges from 20 to 100 euros, depending on the effort involved-a negligible amount compared to the purchase price.

Especially in densely built-up neighborhoods such as Gostenhof, St. Johannis, or the Südstadt, there are often setback and access encumbrances that can restrict building plans. For existing properties in established downtown neighborhoods, we also recommend reviewing the complete building file to understand all public-law requirements from past building permits. For properties in Erlangen, Fürth, and the surrounding districts, please contact the locally responsible building authority.

Frequently Asked Questions

Is there a register of building encumbrances in Bavaria?

Bavaria is the only federal state that does not maintain its own register of building encumbrances. Instead, public-law obligations are secured as easements or limited personal easements in the land register (Section II). Nevertheless, building code requirements may exist that are evident from the building files at the building authority without appearing in the land register-particularly for older buildings that have been renovated or expanded multiple times. We recommend checking both sources for every purchase: read Section II of the land register in full and review the building file at the building authority. In practice, this takes one to two weeks and should be completed before signing the purchase agreement.

Can a building easement be removed?

A building easement can only be removed with the consent of the building authority. This requires that the public interest in the easement no longer exists-for example, if the building benefiting from the easement has been demolished, the building code situation has changed due to a new zoning plan, or the owner benefiting from the easement consents to its removal. The application for removal is filed by the encumbered property owner. In practice, removal is often difficult, as the authority has no obligation to remove the encumbrance and the process can be lengthy. We recommend consulting a specialist attorney for administrative law or building law in case of doubt.

Must the notary review building encumbrances?

As part of the purchase agreement process, the notary reviews the land registry, not the building encumbrance register or the building file. The review of the building file and building code requirements is the responsibility of the buyer or their advisor. Many notaries point out during purchase negotiations that obtaining information on easements and reviewing the construction file would be advisable-however, they do not provide a guarantee that the property is completely free of easements or that there are no official requirements. We recommend that buyers make this a fixed item on their due diligence checklist before every real estate purchase and not let the pressure to submit a bid in the bidding process overshadow this review.

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