StaatsNavigator
Housing

Register a property encumbrance

Entry of a public-law obligation (e.g., setback, access route) in the register of easements.

Processing: approx. 3 weeks
Success rate: 90.0 %

How to proceed

  1. 1

    Prepare a statement

    A notarized signature of the property owner against whom the encumbrance is registered.

  2. 2

    Submit an application to the building department

    Including a site plan and an explanation regarding the entry in the register of easements.

  3. 3

    Entry in the easement registry

    The easement takes effect and is binding on future owners as well.

Required documents

  • Certified statement by the ownerMandatoryOften forgotten
  • Site MapMandatory

Responsible authority

The authority of your main place of residence is responsible.Find authority →

Fees

Varies by case

Processing time

approx. 3 weeks

Official: max. approx. 1 months

Online application

In person or by post

Common mistakes

  • Consent from all owners (e.g., in the case of a community of heirs) is lacking
  • Site plan is not to scale

Common reasons for rejection

  • The owner of the encumbered property does not agree

You can usually file an objection against a rejection.

The essentials before applying

Who is eligible?

Property owners whose construction projects require a building easement on their own property or a neighboring property.

Income limit

The limit varies by household and region – see the table at the responsible authority or in the application assistant.

Processing time

Nationwide: approx. approx. 3 weeks

Success rate

approx. 90.0 % (estimate)

Most common mistakes

  • Consent from all owners (e.g., in the case of a community of heirs) is lacking
  • Site plan is not to scale

Common reasons for rejection

  • The owner of the encumbered property does not agree

Alternatives

  • Check related services in the application assistant
  • Use social counselling before applying

If rejected

File a written objection within 30 days – with reasons why the decision is wrong and any missing evidence.

Questions & Answers

How long does a building easement remain in effect?

A building easement is valid indefinitely and is binding on legal successors until it is expressly terminated.

Read more