Unschädlichkeitszeugnis bei Grundstückseigentum erteilen

The certificate of innocuousness replaces the declaration of release from lien of the mortgagee and real creditor(s) in case of cancellation of a right to a part of the real estate to be written off.

The certificate of non-detriment certifies that the sale, exchange or gratuitous transfer of a part of the land (of small value and size) from the uniformly encumbered real estate will not harm the interested parties. The issuance of a certificate of non-injury is an administrative act, therefore, according to the Administrative Procedure Act, the parties involved must be heard. The hearing shall take place in writing and a deadline shall be set.

Requirements

• The address of the land plot or the land parcel number as the cadastral designation must be known.
• The applicant has a legitimate interest and the parcel is of minor value and extent in relation to the remaining part of the land, the beneficiary is expected to suffer a disadvantage and the rights of the beneficiaries are only slightly affected.

What documents do I need?

• Identity card
• Power of attorney of the owner (if required)
• Documents necessary to assess the facts of the case
  
  • Purchase contract
  • current extract from the land register
  • current addresses of the persons ü of the beneficiaries of the land plot
  • Proof that the permission of the entitled party or parties entitled only under unobstructed ä ltnism to be obtained with undue difficulty
• Application for certificate of innocuousness