Building encumbrances are public law obligations of property owners to act, tolerate or refrain from doing something concerning their properties, which do not already result from public law regulations. This makes it possible to expand the construction or use of another property.

The construction encumbrances are assumed by written declaration to the building supervisory authority. The signature must be publicly certified or made before or recognized before the building inspectorate.

Without prejudice to the rights of third parties, the building encumbrances become effective upon entry in the list of building encumbrances. Building encumbrances remain in place even if the property is sold, i.e. they also have an effect on legal successors.

The construction burden is lost by written waiver of the building supervisory authority. The waiver is to be declared if there is no longer a public interest in the construction burden. Before the waiver, the obligated party and the beneficiaries of the building charge should be heard. The waiver becomes effective with the deletion of the construction burden in the building encumbrance register.

The register of building encumbrances is kept by the building supervisory authority. Other building law obligations of the property owner to act, tolerate or omit his or her property and conditions, conditions, time limits and reservations of revocation may also be entered in the list of building encumbrances. Anyone who demonstrates a legitimate interest can inspect the list of building encumbrances or have copies issued.