As a property owner, you may declare to the building authority that you will assume public-law obligations pertaining to your property. These obligations must not already arise under public building law. By assuming this so-called “building obligation,” the aim is to remove obstacles that could, in individual cases, prevent development or a change of use. One example of this is the parking space easement, which, under certain conditions, can be legally secured under public law to ensure that the required parking spaces are provided on another property located within a reasonable distance.

Development encumbrances take effect upon entry in the development encumbrance register. They remain in effect even if you sell the property; they are then transferred to the buyer.

You must prove ownership by providing extracts from the land register (residential land register, hereditary building right register). The land register extracts must be certified. They must not be older than one month.

The declaration of commitment must clearly indicate the content of the public obligation assumed. If the building obligation cannot be clearly determined from the text alone, a certified extract from the cadastral map must be attached to the declaration of commitment; In its place, a certified extract from the city map or a site plan within the meaning of Section 2 (1) and (2) of the State Ordinance on Building Documents and Structural Inspection (BauuntPrüfVO) may also be used. In the case of special property, building, and boundary conditions, the building supervisory authority may require a site plan in accordance with Section 2 (3) BauuntPrüfVO. The areas affected by the building obligation must be marked by the cadastral office, a publicly appointed surveyor, or a surveying office in the extract from the cadastral map, the extract from the city map, or the site plan.

The registration of a building obligation is subject to a fee. The amount of the fee is determined by the state ordinance on fees and remuneration for official acts and services under building regulations (special fee schedule).