Building charge on the property: what it means and how you check it

A building charge is a public-law obligation toward the building supervisory authority to tolerate, refrain from, or do something on the property, for example to assume setback areas for the neighbor. It is not recorded in the land register but in the building-charge register and also binds later owners.

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Building charges are public-law encumbrances that are recorded in the building-charge register of the building supervisory authority (in most states; Bavaria does not have the institution in this form). They also bind legal successors.

Before a property purchase or building project, you should inspect the building-charge register, since building charges affect the value and buildability. A deletion is only possible with the authority's consent, if the public interest ceases to apply.

What you should do now

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1. Inspect the building-charge register
Ask the building supervisory authority about entries for the property in question.
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2. Understand the content
Clarify what the building charge specifically obliges (e.g. setback area, access, parking space) and how it takes effect.
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3. Check before purchase/build
Take building charges into account when buying and planning, they can reduce the buildability and the value.
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4. Initiate deletion
If the public interest has ceased, an application for waiver/deletion can be filed with the authority.

How to spot the scam

When buying, the building-charge register was not inspected.
A building charge unexpectedly restricts the planned construction.
It is assumed that building charges are recorded in the land register (they are not).

Frequently asked questions

What is a building charge?

A public-law obligation of the property owner toward the building supervisory authority to tolerate, refrain from, or do something, for example to assume setback areas for a neighboring property or to secure an access route. It also binds later owners.

Where do I find building charges?

In the building-charge register of the building supervisory authority, not in the land register. Before a purchase or building project, you should take a look there, since building charges can affect buildability and value. (In Bavaria the building-charge institution does not exist in this form.)

Can a building charge be deleted?

Yes, but only with the consent of the building supervisory authority and as a rule only if the public interest in it has ceased. For this you file an application for waiver. A claim to deletion does not exist as a matter of course.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.