The “Baulast” or building encumbrance is an important criterion for builders and buyers when deciding whether to purchase a plot of land. Interested parties who want to build should inform themselves in advance about existing building encumbrances. It is not enough to look at the extract from the land register: building encumbrances are listed in the list of building encumbrances and you should absolutely have a look at it. Building encumbrances restrict property owners in the usability and buildability of their property. They presuppose interests under public law.
What can building encumbrances be?
Building encumbrances can be registered for various reasons, including as annexe encumbrances, distance area encumbrances, unification encumbrances, development encumbrances, encumbrances for children’s play areas, parking space encumbrances or open space encumbrances. The most common type is the building encumbrance for areas of distance. Here, the possibility of building on a plot of land is extended through the registration of a building encumbrance. If the prescribed boundary distances cannot be observed in a building project, an obligation provides a remedy. If a builder wants to build his house larger on the side than he is allowed to according to the state building code, approval in the form of a building encumbrance entry from the adjoining neighbour in the building encumbrance register is necessary. If there are no possibilities to park vehicles on a building plot, a parking space building encumbrance can be entered. The owner of the neighbouring property can thus be obliged to create parking spaces on his or her land, because the municipality must guarantee a minimum number of parking spaces. A crossing construction easement is registered if, for example, a fire brigade access to a property must be guaranteed.
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