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

The building encumbrances are assumed by written declaration to the building supervisory authority. The signature must be publicly certified or provided by a surveying office or before the building supervisory authority or recognized by it.

The building encumbrances become effective upon entry in the register of building encumbrances, irrespective of the rights of third parties. Building encumbrances remain in force even if the property is sold, i.e. they are also effective against legal successors.

The building charge is extinguished by a written waiver by the building supervisory authority. The waiver must be declared if there is no longer a public interest in the building obligation. The obligated party and the beneficiaries of the building obligation should be heard before the waiver. The waiver becomes effective with the deletion of the building encumbrance in the register of building encumbrances.

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

Anyone who can demonstrate a legitimate interest may inspect the register of building encumbrances and obtain copies.