Building Easements: Building easements are obligations under public law imposed on property owners to perform, tolerate, or refrain from certain actions concerning their properties, which do not already arise from public law provisions. This enables the expansion of construction or use on another property.

Building easements are assumed by means of a written declaration to the building authority. The signature must be notarized, provided by a surveying office, or made or acknowledged before the building authority. Notarization may also be performed by the municipalities.

The building encumbrances take effect upon entry in the building encumbrance register, without prejudice to the rights of third parties. Building encumbrances remain in effect even upon the sale of the property and are therefore binding on legal successors.

A building easement is terminated by a written waiver from the building authority. The waiver must be issued when there is no longer a public or private interest in the building easement. Prior to the waiver, the party or parties subject to the easement and the beneficiaries of the building easement must be heard. The waiver takes effect upon the removal of the building encumbrance from the building encumbrance register.

Register of Building Obligations: The register of building obligations is maintained by the building authority. Other obligations under building law imposed on the property owner regarding actions, tolerances, or omissions pertaining to his or her property, as well as conditions, time limits, and reserves of revocation, may also be entered in the register of building encumbrances.

Any person who demonstrates a legitimate interest may inspect the register of building encumbrances and obtain extracts from it.

• Declaration of Building Obligations by the Owner

• Proof of ownership of the property to be encumbered (current land registry extract)

• Site Plan

The entry and deletion of a building charge and other entries in the register of building charges are subject to a fee, as is the issuing of extracts. The amount of the fee is determined in accordance with the Building Fee Regulations (BauGO).