Clearance takeover declaration
With a clearance area takeover declaration , the neighboring property agrees that the clearance area of a building on the neighboring property may extend in whole or in part to its property .
A neighbor can enter into an obligation under public law vis-à-vis the responsible building authority to have evidence of the spacing area of a neighboring building on his property (coll. "The spacing area falls on his property"). For this purpose, a building load is entered in the so-called building load directory kept by the building authorities. This obligation is also binding on legal successors. It can only be deleted after the requirement has ceased to exist with the approval of the building authority. As a regulatory area, building regulations are a matter for the federal states, so the formal regulations vary in every German federal state. The registration of a building load must be approved by all owners who are proven in the land register and beneficiaries of rights in rem (e.g. leaseholders or acquirers registered with notice of conveyance). For this purpose, a current excerpt from the land register with the inventory, section I and section II of the land register sheet must be submitted to the building authorities. The acceptance of the spacing area construction load (acceptance declaration) is documented and dimensionally determined using an official site plan. Official site plans are partly produced by land registry offices, but mostly by publicly appointed surveyors ( ÖbVI ).
