Building encumbrances
Information about building encumbrances
What are building encumbrances?
A building encumbrance (§ 85 BauO NRW) can be used to remove obstacles under building law that stand in the way of a building development. A building charge is therefore the public-law obligation of one or more property owners to do, tolerate or refrain from doing something that affects their property. These encumbrances are secured by a declaration under public law, whereby the property may consist of one or more parcels of land.
Through a building encumbrance, the following can be achieved- for example, the development is secured via another (neighbouring) property.
- a car parking space is secured for a property in the neighbourhood if production there is not possible
- a missing distance area (which, according to the building regulations, should be on the building plot itself) is "shifted" to the neighbouring plot.
- A (fictitious) land unification for the realisation of a building project on several parcels of land, which would not be permissible under the building regulations, is also possible.
In such cases, another property owner can take over these public-law obligations in whole or in part on his or her property. In order to secure this in the long term, a construction easement (public-law security) is created.
Building encumbrances represent real burdens on the property and are therefore a factor influencing the value when acquiring a property. Therefore, before purchasing a property, find out whether and, if so, what type of building encumbrance is registered for the property by inspecting the building encumbrance register of the city of Beckum. If you are not sure whether a building encumbrance is required for your building project, please contact the responsible contact person.
How does a building charge come into being? When is it deleted?
First of all, the application for registration of a building encumbrance must be submitted to the building regulations department together with the necessary documents (e.g. site plan).
A written declaration from all property owners (of the encumbered property) is required for the entry of a building encumbrance in the register of building encumbrances. If a purchase agreement has been concluded for a property, the buyer must consent to the building encumbrance if a priority notice of acquisition has already been entered in the land register.
After the application has been reviewed, the property owners encumbered by the building encumbrance are asked to personally sign the so-called declaration of commitment (building encumbrance text) before the building supervisory authority. The signature can also be publicly notarised by a notary.
The declaration of commitment (building encumbrance text) can be prepared by the applicant him/herself, by the applicant's designer or by lawyers and notaries. It must be attached to the application for registration of a building obligation.
Once signed, the building obligation is entered in the building obligation register of the City of Beckum. Under private law, it seems sensible to also have this security entered in the land register.
If the requirement for a registered building encumbrance no longer applies, it can be cancelled upon application after the situation has been examined.
Fees
The fees for the registration or cancellation of a building encumbrance are calculated in accordance with the General Administrative Fee Schedule of the State of North Rhine-Westphalia. The fee is a minimum of €50 and a maximum of €250.
Contact:
Maike BraamWhere can I get information about building encumbrances?
Information on whether a building encumbrance is registered on a property can be obtained from the City of Beckum's register of building encumbrances from the Building Regulations Department.
Only the current property owner and other persons who can demonstrate a legitimate interest or have a corresponding power of attorney can request access to the register of building encumbrances.
Information from the register of building encumbrances can also only be provided to the current property owner or to persons who can demonstrate a legitimate interest or who have a corresponding power of attorney.
The information can be requested by telephone, email or as an informal letter.
The following information is required for an enquiry:
Address, district, parcel and the parcel numbers of the properties.
Fees:
Inspection and verbal information from the register of building encumbrances is free of charge.
Written information from the register of building encumbrances is subject to a fee in accordance with tariff item 2.5.6.3 or 2.5.6.4 of the General Administrative Fee Schedule for the State of North Rhine-Westphalia. The fees depend on the number of properties/parcels of land for which information is to be provided. (50 -150 € per property/plot)Building encumbrance applications