Table of contents:

What builders should know about construction work
What builders should know about construction work

Video: What builders should know about construction work

Отличия серверных жестких дисков от десктопных
Video: Tricks with construction tools 2023, February
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Have you found the perfect property for a great property? Congratulation. But before you buy it, you should inquire whether there is a building load on it. Here we explain exactly what a building load is, how you can find the building load directory and when you should look for a different location for your property.

Table of contents Table of contents Construction load: Why builders should know the term

  • What is a construction load?
  • When do you need a construction load?
  • The most common building loads in Germany
  • Caution when buying land
  • How do you enter a construction load?

Table of contents Table of contents Construction load: Why builders should know the term

  • What is a construction load?
  • When do you need a construction load?
  • The most common building loads in Germany
  • Caution when buying land
  • How do you enter a construction load?

The word construction load causes uneasiness at first - after all, the word load is in it. And of all places behind this word construction, which in itself conveys stress and a lot of work. But no fear. It's just half as dramatic as it sounds.

What is a construction load?

The building load is part of the building code law and describes the property owner's public law obligations towards the building authority, i.e. the legislature, and exists for the benefit of a third party. Means: What does the property owner have to do and refrain from and who or what must he tolerate on his property? The construction load is recorded in the so-called construction load directory at the local building authority in a construction load declaration with site plan and numbered construction load sheet. The directory itself is an extension of the land register and is archived at the surveying and cadastral office. Except in Bavaria and Brandenburg - there, the building loads are only recorded in the land register.

When do you need a construction load?

In order to secure so-called building law-compliant conditions, i.e. to ensure that, for example, the necessary distance from the neighboring property is maintained, there is building law. If a building owner wants to expand the development possibilities on his property or the legislator has to perform an important service or an important service for the general public, but there is no space on his property, both building burdens can request.

In other words, to put it bluntly: as the builder, you ask your neighbor for a favor, which is then recorded in the list of building loads. Or the other way around. The neighbors can, but in principle do not have to, give their consent by submitting a building declaration to the building inspectorate. In case of an emergency, however, the declaration of construction work can be enforced by means of an ordinance - that is, if community interests are to be represented. With the receipt of the building declaration at the cadastral office, there is a construction load on the property of the person who has given his consent - and only with this construction load, if we stick to the example of the garage, will the building authority issue a building permit for the garage. A construction load is ergo the obligation of the property owner towards the building authority.

It is important to know that the building site obligation does not replace an agreement under private law between two people and does not form the basis for a legal relationship between the two parties. Civil law claims are also void. For this reason, a written agreement on the rights and obligations of the two property owners should always be drawn up when entering a building lot. Financial compensation is also very common. Experts also recommend that real property rights are also recorded in the land register.

Tip: If you want to buy a property, clarify in advance whether contaminated sites have been entered.

Privatrechtliche Vereinbarung zwischen Grundstückseigentümern
Privatrechtliche Vereinbarung zwischen Grundstückseigentümern

Since the entry of a construction site does not replace private law agreements, the rights and obligations of the two property owners should be laid down in an additional written contract.

Photo: iStock / monkeybusinessimages

The most common building loads in Germany

After so much theory, here are a few practical examples on the subject of construction loads:

  • Drive-over construction load : This construction load is entered if, for example, fire service access to a property is only possible via the neighboring property and is then only used in an emergency.
  • Development site load : This is about making the site partially accessible to third parties. Then, for example, craftsmen, city gardeners or road construction companies have the right of access, access and passage. This building load is often asked if your vacant lot does not yet or only partially have water, sewage and electricity connections and the lot behind you has to be developed because a house is being built. Then you also have to expect that parts of your land will be dug up.
  • Obligatory parking lot: One of the more unpleasant variants, it obliges you to create parking spaces for other cars on your property if there is no space on the adjacent property. This is where the municipality comes in, because it must ensure a minimum number of parking spaces and, if it does not manage to do so, will have to approach you as the property owner in order to ask you about a construction site. You should also be considered financially for this.
  • Spacing area building load : One of the most common building loads is the spacing area building load - it expands the development possibilities of a property: If someone wants to build his house larger than is permitted in the building regulations according to the development plan, for example, builds closer to the neighboring property laterally and thus the legal distance to the neighbor, he needs the approval of the future neighbor in the form of a construction fee entry. Because: The future neighbor thereby undertakes to partially maintain the legally prescribed distance on his property.
  • Association building load: Two adjacent plots of land are considered as one piece of land and a building is built on both together, across borders. Both property owners must agree to this.
Feuerwehrzufahrt als Baulast
Feuerwehrzufahrt als Baulast

A fire brigade driveway of the municipality is one of the most common building sites in Germany.

Photo: iStock / fermate

Caution when buying land

In view of the current shortage of land in Germany, everyone is of course happy when they have finally found a property and would like to access it as soon as possible. Caution: First find out whether there is a construction load on it. Because: You can restrict construction loads in the use and development of your property. Construction loads themselves are tied to the property - not to its owner. Neither the purchase (not even at a foreclosure sale) nor the inheritance of a piece of land will extinguish a construction work. This only happens through a written waiver from the building authorities. As a buyer, you actually have to be informed about a construction load by the seller. But: control is better. If you want to buy a plot of land, you should have a look at the land register at the land registry. When planning a building application, the building authority must in principle check whether there is a building load obligation on the property on which a new building is to be built. But even the notary who certifies the sale and purchase of the property is not legally obliged to inform the buyer about an existing construction site.

However, if the seller has concealed a value-reducing construction load, the buyer can claim damages. But then it has to be a massive construction load. The city that exercises its right of way over your newly acquired property in the event of a fire is not one of them. The neighbor, however, who drives across your property three times a day to get to his garage, does.

How do you enter a construction load?

The municipality, i.e. the city or municipality in which you would like to buy a piece of land, can help you to enter the building site and provide you with the necessary documents. In principle, you have to fill out a building application, attach a current site plan and a declaration of consent. There is also an extract from the land register and - if you are building for a company - an extract from the commercial register. Plus: Proof that you are authorized to do business for this company. Incidentally, this also applies to churches.

Sabrina Deckert

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