The building plot
In order to start planning a building project, the building law for the property in question should first be clarified - i.e. whether it can be built on in principle and whether planning permission for the planned project is possible.
The basic prerequisite for the planning of a building structure is an established or existing building plot. The building plot is basically identical to the land plot in the civil law sense (is the same as the land register plot) and represents a separate part of the earth's surface that is entered in the land register under a special number. A plot of land can be identical to a parcel of land or consist of several parcels of land that are listed in the land register under a consecutive number. A land register plot or a building plot in the case of several parcels only exists if the parcels are subsumed under a serial number in the land register.
If a plot of land is to be divided under land register law, the part to be separated (written off) must be listed in the land register as a parcel under a special number. If such a parcel does not exist, it must be established prior to the division of the property by means of a division survey, for example by a publicly appointed surveyor.
In order to be effective, a division of a plot of land under land register law that is developed or whose development has been approved requires a division permit from the building inspectorate in accordance with Section 7 of the Hessian Building Code (HBO).
Development
The prerequisite for planning permission is that the building plot has a development secured under public law. This includes a direct traffic connection to a public road as well as supply and disposal lines for electricity, water and wastewater. The requirements and scope of the development facilities depend on the project to be built.
However, it is not necessary for all of these requirements to be in place before the start of a construction project. However, it must be ensured or it can be assumed that they can be constructed as part of the project and that they are available and usable at the time of commencement of use. This applies in particular to the supply and disposal of building facilities.
However, there is no legal entitlement to development.
The entry of a building charge in the register of building charges can also serve to secure the development under public law. The purely private-law easement in rem in the land register is generally not sufficient to secure the development required under public law.
Building load
Particularly in a densely populated city like Wiesbaden, it is not always possible for prospective builders to meet the legal requirements for a building project on their own property - for example, when it comes to creating the required parking spaces, the driveway to their own property or compliance with the clearance areas. By registering a so-called building obligation on another - usually neighboring - property, the permissibility or admissibility of a building project can be achieved, which would not be approvable without the building obligation.
A building charge is a unilateral obligation under public law that an owner (or the holder of a heritable building right or usufructuary right) of a property enters into vis-à-vis the building authority for the benefit of a third party, usually a neighbor. By registering a building obligation, the owner of the encumbered property permanently assumes the obligation to do, tolerate or refrain from doing certain things.
As a state law regulation, the HBO building obligation is not a means of superseding, revoking or changing planning regulations or provisions (federal law). However, it can be a basis for exemptions under planning law.
For a building encumbrance to become effective, it must be entered in the register of building encumbrances, which is kept by the building inspectorate.