The register of building encumbrances is an official registry in which a property owner’s obligations under public law to the building authority are recorded. These so-called building encumbrances give rise to restrictions or obligations that affect the developability of the property and may reduce its value.
Anyone buying a house or planning to build on a lot usually focuses on the extract from the land registry. However, many critical encumbrances are not listed there at all. This is where the building encumbrance register comes into play. We explain why consulting this register is equally important for buyers and sellers, what it costs, and what financial risks an undiscovered encumbrance poses.
Key Points at a Glance
- A building easement is a public-law obligation owed to the building authority and generally applies to legal successors as well—it remains in effect upon sale, inheritance, or gift.
- Building encumbrances are generally not recorded in the land registry but in the building encumbrance register—a property that is unencumbered in the land registry is not automatically free of obligations under building law.
- As a general rule, only persons with a legitimate interest may inspect the register—government agencies often require prospective buyers to provide a power of attorney from the owner.
- A written extract costs approximately 15 to 150 euros, depending on the municipality (as a rough guide).
- In Bavaria, no building encumbrance register is maintained as a separate registry; in Brandenburg, building encumbrances were reintroduced on July 1, 2016—older encumbrances may still be listed in the land registry there.
What is a building encumbrance and why is it important?
A building easement is a written declaration submitted to the building authority in which a property owner assumes certain obligations under public law. It is often assumed voluntarily, for example, to ensure that a construction project can be approved.
A typical example: Your neighbor wants to build an addition but cannot maintain the required setback distances on their own property. They ask you to make a portion of your property available as a setback area for their construction project. If you agree, this is generally registered as a building easement on your property. The affected portion of your property then serves as a setback area for the neighbor’s building. In principle, no structures requiring this setback area may be erected on that portion of your property.
The Legal Effect of a Building Easement
A building easement is tied to the property, not to the individual owner. Building encumbrances generally apply to legal successors as well. They therefore remain in effect in the event of a sale, inheritance, or gift. Since they can restrict use, they may affect the property’s valuation.
Building Encumbrance Register and Land Register: What are the differences?
The land register does not list all legal encumbrances on a property. It is maintained by the competent local court and contains private rights—such as rights of way or usufruct in Section II, as well as land charges and mortgages in Section III. The register of building encumbrances, on the other hand, is maintained by the competent building authority. To find out how to obtain a current extract from the land registry, read our guide Request a Land Register Extract.
| Attribute | Land Register | List of Easements |
|---|---|---|
| Legal Areas | Private Law | Public Law |
| Parties Involved | Owners, Neighbors, Banks | Owners and Government Agencies |
| Typical Contents | Rights of Way, Usufruct, Land Liabilities | Setback areas, parking spaces, development |
| Review by the notary | regularly as part of the notarization | not automatically; depends on the assignment |
| Competent authority | Local court (land registry office) | Building Code Office / Building Inspection |
Important Note for Buyers: A property that is unencumbered in the land registry is not automatically free of obligations under building regulations. Building encumbrances are generally listed in the building encumbrance register; at the same time, older or special security interests, such as limited personal easements, may still be entered in the land registry. For a thorough review, both registers should therefore be consulted in federal states that maintain a building encumbrance register.
What types of building encumbrances are there?
In practice, there are primarily four types of building encumbrances, each of which affects a property differently:
- Setback easement: The classic example. The owner declares that a portion of their property serves as a setback area for a neighboring building. As a general rule, no structures that encroach on this area may be erected on it.
- Utility easement: Ensuring access to a property is generally a prerequisite for its lawful development. If necessary access, utility connections, or waste disposal routes run through a neighboring property, a development easement can ensure the necessary provisions under public law. Legally, it is not equivalent to the private-law right of way under Section 917 of the German Civil Code (BGB), but it can serve a similar function.
- Parking Space Building Obligation: Anyone building a structure must often demonstrate that they have the number of parking spaces required under state building law. If the required parking spaces cannot be accommodated on one’s own property, a building obligation on a suitable neighboring property can ensure their provision.
- Joint development obligation: Two or more properties are treated as a single unit under building code regulations for the assessment of a specific construction project—for example, because a building or a required area extends beyond the property line.
How can you view the easement registry?
The easement registry is not a publicly accessible register. However, inspection or access to information is possible provided that a legitimate interest is demonstrated. As the owner, you generally prove your legitimate interest by providing a current land registry extract. Prospective buyers may also be entitled to access the register, provided they demonstrate a legitimate interest; in practice, many competent authorities require a power of attorney from the owner or corresponding proof. Here’s how to proceed:
- Find the competent authority: This is usually the building inspection department or the building code office of the city or county.
- Submit an application: Informally by mail or email; in many cities, this can now also be done online.
- Enclose the required documents: ID card, power of attorney from the owner (if applicable) or proof of legitimate interest, and a current land registry extract.
- Pay the fee: Fees are based on the applicable fee schedule of the respective federal state or the responsible municipality. As a rough guide, they range from approximately 15 to 150 euros for a written extract.
Special Cases in Bavaria and Brandenburg
There is no uniform federal regulation, as easements are governed by state building codes. In Bavaria, no building encumbrance registry is maintained in the sense of a separate register. Comparable security interests may be entered in the land register as limited personal easements or may be legally secured in other ways; the assumption of setback areas, on the other hand, is effected by a written declaration to the building supervisory authority and generally applies to and against legal successors as well.
In Brandenburg, the building easement was reintroduced with the Brandenburg Building Code effective July 1, 2016; since then, a building encumbrance register has once again been maintained. Existing legal safeguards in the form of limited personal easements generally remain in effect. However, they can be replaced by building encumbrances and, if necessary, deleted from the land register. For a comprehensive review, both the land register and the building encumbrance register should therefore be consulted. Our local experts can assist you with regional research.
What are the disadvantages of a building easement for property value?
A building easement can reduce the market value because it restricts the owner’s freedom of use. The extent of a potential reduction depends on the type, scope, and practical impact of the easement. An easement that affects only a limited portion of the property may have a less significant impact than one that prevents planned additions or an intended use. A professional real estate appraisal.
Risks for Sellers
Anyone who conceals a known building encumbrance may, under certain circumstances, be acting fraudulently. This can lead to the purchase agreement being contested on the grounds of fraudulent misrepresentation and, if applicable, to claims for damages. We therefore recommend that sellers:
- Review the list of encumbrances before marketing the property.
- Proactively include the extract in the sales documents—in line with our House Sale Checklist.
- Explicitly state the easement in the purchase agreement and specify its effects on use, development, and the purchase price.
Risks for Buyers
For buyers, an undiscovered easement can complicate financing, as significant easements can impair mortgage eligibility. In addition, planned renovations or additions may suddenly become impossible because the easement blocks certain areas. Our guide shows you what else to look out for in the contract: Real Estate Purchase Agreement: What Buyers and Sellers Should Look Out For.
Can a building easement be removed?
Yes, but generally only through a written waiver from the relevant building authority—and it’s significantly more difficult than land charge. Since this is a matter governed by public law, the building easement is not removed by mere consent, but rather through an official waiver. This waiver must generally be granted when there is no longer a public interest in the building easement.
An example: The building for which the building easement was assumed to ensure compliance with setback requirements is demolished, and the new building complies with the setbacks on its own. In that case, an application for cancellation can be filed. The building inspection authority issues a written waiver, which takes effect upon cancellation in the encumbrance registry. Administrative fees may also apply in this case.
Checklist: Building Encumbrances When Buying Real Estate
To avoid any unpleasant surprises during the purchase, you should work through these points—ideally in conjunction with our general checklist for buying a home:
- Obtain a power of attorney from the seller for inspection purposes, if required by the authorities.
- Request a current extract from the easement registry at the building authority.
- Check whether the easement hinders your own renovation or addition plans.
- Discuss the impact of the easement on the purchase price with an expert.
- Determine whether it is foreseeable that the building authority might waive the easement.
Frequently Asked Questions About the Register of Building Encumbrances
Does the notary automatically check the register of building encumbrances?
Not automatically. As part of the notarization process, the notary regularly checks the current land registry records. Whether they also review the register of easements depends on the scope of the engagement and the circumstances of the individual case—buyers should therefore explicitly request this review or involve their real estate agent. You can read more about the process in our guide to notary appointment when buying a house.
How much does an extract from the easement register cost?
The fees are based on the applicable fee schedule of the respective federal state or the responsible municipality; as a rough guide, a written extract costs approximately 15 to 150 euros per property. Verbal information may be less expensive under certain circumstances; whether it is available and at what cost depends on the relevant authority. If no easement is registered, you will generally receive confirmation that no easement is registered.
Is the register of building encumbrances publicly accessible?
The register of building encumbrances is not a publicly accessible registry. However, inspection or access to information is possible provided that a legitimate interest is demonstrated. As the owner, you generally prove your legitimate interest by providing a current land registry extract. Prospective buyers may also be entitled to access the information; in practice, many authorities require a power of attorney from the owner or corresponding proof for this purpose.
What are the disadvantages of a building easement?
A building easement can permanently restrict the use of the property, for example, because a certain area must remain undeveloped or a parking space must be kept vacant. This can reduce the market value, make financing more difficult, and prevent plans for renovations or additions.
What happens if I ignore a building easement?
Building easements are legally binding. Anyone who violates a building easement—for example, by constructing an unauthorized structure—can expect regulatory action from the responsible building authority. Depending on the specific case, this may include, in particular, the removal or demolition of an unauthorized structure.
Does a building easement also apply to heirs?
Yes. Building easements generally apply to legal successors as well. They therefore remain in effect in the event of inheritance, gifting, or sale.
Conclusion: Safety First When Buying Real Estate
The register of building encumbrances is often overlooked, but it can have significant implications for a property’s buildability, use, and value. Whether it’s setbacks, parking spaces, or utility connections—if you don’t look closely here, you may later face restrictions on use, development, or financing. In states with a register of building encumbrances, check both the land registry and the register of building encumbrances before signing a purchase agreement. In Bavaria, however, you should instead review the land registry as well as, if applicable, any additional building code safeguards or declarations submitted to the building authority.
FROM POLL IMMOBILIEN: Your Local Real Estate Agent
As a real estate agency with offices throughout Germany, we help you gather all relevant documents—from land registry extracts to extracts from the easement registry. We assist you in assessing the potential implications of building encumbrances and in transparently preparing relevant documents for the sales process. Contact our experts near you for a no-obligation consultation.
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