Submitting a declaration of commitment to assume a building obligation

The registrationof a building obligation must be applied for at the local building supervisory authority.

A building obligation is assumed by a written declaration from the owner to the building supervisory authority. The signature must be publicly certified or made before the building supervisory authority or recognized by it.

The lower building supervisory authority is responsible for registering a building charge. This is the district administration, in independent and large towns belonging to the district, the municipal administration or the association municipality administration if it has been assigned building supervision tasks (Diez and Konz association municipality administrations).

• Lower building supervisory authorities

The requirements are set out in particular in No. 1.2 of the administrative regulation "Establishment and maintenance of the register of building encumbrances, proof of building encumbrances in the real estate cadastre (to § 86 LBauO)".

• Establishment and maintenance of the register of building encumbrances, proof of building encumbrances in the real estate cadastre (to § 86 LBauO)

You must provide proof of ownership in the form of extracts from the land register (residential land register, hereditary land register). You must have the land register extracts notarized. They must not be older than one month.

The declaration of commitment must clearly identify the content of the public obligation assumed. If the building obligation cannot be clearly determined by text alone, a certified extract from the cadastral map must be attached to the declaration of obligation; instead of this, a certified extract from the city map or a site plan as defined in Section 2 (1) and (2) of the State Ordinance on Building Documents and Building Inspection (BauuntPrüfVO) can also be used. In the case of special land, building and boundary conditions, the building supervisory authority may request a site plan in accordance with § 2 Para. 3 BauuntPrüfVO. The areas affected by the building obligation must be marked by the land registry office, a publicly appointed surveyor or a surveying office in the extract from the cadastral map, the extract from the urban land map or the site plan

The registration of a building charge is subject to a fee. The amount of the fee is set out in the State Ordinance on Fees and Remuneration for Official Acts and Services under Building Regulations Law (Special List of Fees).

• State ordinance on fees and remuneration for official acts and services under building regulations law (special fee schedule)

Registration is usually closely linked to a specific construction project. There are no time limits for the registration procedure.

• § Section 86 of the Rhineland-Palatinate State Building Regulations (LBauO)
• § 2 State ordinance on building documents and the building inspection (BauuntPrüfVO)
• Establishment and maintenance of the register of building encumbrances, proof of building encumbrances in the real estate cadastre (to § 86 LBauO)

For disputes in connection with building charges, you can usually file an objection and then take legal action.

There is no nationally introduced form. If necessary, the local building supervisory authorities may have forms available to help you with your application.

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

25.09.2023