Construction loads, list of building loads, extinguishing of building loads (declaration of commitment under public law)
Construction encumbrances are public-law obligations of property owners vis-à-vis the building authority to do, tolerate or refrain from doing certain things concerning their property.
Construction encumbrances are voluntary, public-law obligations of property owners to do, tolerate or refrain from doing something concerning their land that do not already result from public law regulations. With the construction load, building law deficits resulting from public law regulations that stand in the way of the implementation of a project can be reliably compensated for in the long term.
Construction loads are assumed by written declaration (declaration of commitment) to the building supervisory authority. The signature must be publicly certified or made before the building supervisory authority or recognized before it. Construction encumbrances remain even when the property is sold, so they also have an effect on legal successors. Construction loads are only lost by written waiver of the building supervisory authority. The waiver can only be explained if there is no longer a public interest in the construction load. Before the waiver, the obligated party and the beneficiaries of the construction load should be heard.
Construction loads become effective - without prejudice to the private rights of third parties - with the entry in the list of building loads. The waiver also only becomes effective with the deletion of the construction load in the building load register. The building load register is maintained by the building supervisory authority. Other building obligations of the property owner regarding an act, toleration or omission concerning his or her property as well as 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 loads and have copies issued.
- § 80 Landesbauordnung Schleswig-Holstein (LBO),
- § 1 Landesverordnung zur Übertragung von Aufgaben der unteren Bauaufsichtsbehörde auf amtsfrei Gemeinden und Ämter (8. VO-LBO),
- Landesverordnung über Verwaltungsgebühren in Angelegenheiten der Bauaufsicht (Baugebührenverordnung - BauGebVO) Tarifstelle 5.
§ 80 LBO
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