List of Building Obligations

List of Building Obligations - a public registry maintained by the competent building authority that records all building obligations attached to a property. A building obligation is a voluntary commitment under public law that a property owner has made to the building authority to perform, tolerate, or refrain from certain actions.

What exactly is included in the register of building encumbrances?

The register of building encumbrances documents all obligations under public law that a property owner has entered into with the building authority. Unlike private-law agreements, which are entered in the land registry, building encumbrances relate exclusively to public building law. This means: A building easement binds the owner to the authority, not to a neighbor or contractual partner.

The most common types of building easements are:

• Setback easement: The owner of a property agrees to refrain from developing a portion of the property so that the neighboring property can comply with the prescribed setbacks under Art. 6 BayBO. This easement makes it possible to grant building permits in densely built-up downtown areas despite narrow property boundaries.
• Parking space easement: This secures parking spaces on a third-party property for a construction project that cannot demonstrate sufficient parking space on its own property. Without this easement, the building permit for the beneficiary building would be denied.
• Access easement: Ensures that a rear property is provided with access via another property-for example, through a permanent right of way or utility easement secured under public law.
• Combined easement: For building code purposes, several separate parcels of land are treated as a single unit-for example, when a building spans the property line between two parcels.

A key point we consistently emphasize in our consultations: Building encumbrances are not recorded in the land register. Anyone who checks only the land register extract when purchasing a property may overlook significant restrictions. A review of the building encumbrance register is therefore strongly recommended before any real estate purchase. The building encumbrance remains in effect even if ownership changes and is automatically transferred to the new owner.

Building Restriction Register and Land Registry - the Crucial Difference

Many prospective buyers confuse the building restriction register with the land registry. The land registry documents private-law relationships such as ownership, mortgages, or rights of way. The building restriction register, on the other hand, contains public-law obligations toward the building authority. Both registers are independent of one another. A building encumbrance can significantly restrict the developability or use of a property without any indication of this in the land register. Therefore, we generally recommend obtaining both a current land register extract and information from the building encumbrance register before purchasing a property. This is the only way to obtain a complete picture of a property’s legal situation.

A Bavarian peculiarity: No Traditional Register of Building Encumbrances

In Bavaria, the register of building encumbrances does not exist in the form found in other federal states (e.g., North Rhine-Westphalia or Baden-Württemberg). While building encumbrances are maintained in a separate official register in those states, in Bavaria, public-law obligations of this kind may alternatively be entered in the land register as limited personal easements. However, the building authorities do maintain records of easements and their registration as part of the building files. Buyers should therefore not only ask the building authority for a list of easements but also specifically inquire about existing public-law obligations and the building files for the property. We also recommend checking with the notary to see if any limited personal easements in favor of the municipality are already registered in the land registry.

Practical Tip for Nuremberg and Franconia

In Bavaria, the Building Authority of the City of Nuremberg (Bauhof 2, 90402 Nuremberg). A request for information can be submitted there in writing or in person. We advise our clients in the Nuremberg metropolitan area to obtain this information early in the purchase process, ideally before the notarial certification. The processing time is usually a few business days to a few weeks. Especially with older existing properties in Nuremberg neighborhoods such as Gostenhof, St. Johannis, or Maxfeld, it is not uncommon to find building encumbrances that may seem surprising at first glance-such as a setback encumbrance that significantly restricts a planned building extension.

Frequently Asked Questions

Can a building easement be removed?

A building easement can be removed upon application by the property owner if the building authority agrees. The prerequisite is that the public interest in the easement no longer exists-for example, because the building benefiting from the easement has been demolished or because the planning law situation has fundamentally changed. In practice, removal is often difficult because the authority does not grant a legal right to removal and public interests are interpreted strictly. We recommend consulting a lawyer specializing in building law at an early stage if you plan to seek removal, so they can assess the chances of success.

Who is entitled to inspect the building encumbrance register?

In principle, anyone who can demonstrate a legitimate interest has the right to inspect the register. In addition to the owner, this includes potential buyers, notaries, financial institutions, and experts. A concrete interest in purchasing is generally recognized as a legitimate interest-stating that one intends to make a purchase decision is usually sufficient. In Nuremberg, the request is submitted to the Building Regulations Office, which typically provides the information within a few days. The fee for a simple inquiry is typically 20 to 50 euros.

Is the notary required to review the list of building encumbrances?

When purchasing real estate, the notary is not obligated to review the list of building encumbrances. As a standard procedure, they only check the land register for encumbrances under private law. Public-law obligations such as building encumbrances fall outside their scope of duties regarding the purchase contract. We therefore recommend that buyers request the encumbrance report themselves or commission us as real estate agents to obtain it, in order to avoid unpleasant surprises after the purchase-an unknown encumbrance can significantly reduce the value of a property or completely prevent planned renovation work.

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