Register a building lease on several properties or on building leases

With a building lease, you can build your own house on someone else's land without buying the property. You pay a regular ground rent for this. You can obtain this right for a single plot of land, for several plots of land or for existing building leases.

Detailed description

A hereditary building right gives you the opportunity to build your own property on someone else's land without having to purchase the land. In return, you pay a regular ground rent, which is stipulated in a contract. This contract is valid for up to 99 years.
The leasehold can be sold, inherited, or used as collateral for loans. The person or institution providing the land is called the leasehold issuer. This can be a municipality, church, foundation, or private individual.
A hereditary building right can also cover several properties or existing hereditary building rights.
In principle, for the registration of these overall hereditary building rights, the properties concerned must

in the same land registry district and
are located in the same cadastral district and
directly adjacent to each other.

This may be deviated from if

the properties to be encumbered are close to each other and
The subject of the hereditary building right is a single building or a building with associated ancillary facilities on the land to be encumbered or
the hereditary building right is to be divided into apartment or partial hereditary building rights.

The land registry office enters the hereditary building right into the land register and creates a separate hereditary building land register for this purpose.

Information

Important notes

Prerequisites

Requirements for the overall hereditary building right

You agree on the leasehold with the owner of the property or with the holders of the leasehold.
A note is entered in Section II of the land register of the properties concerned.
A separate hereditary building land register is created.

Requirements for a subleasehold

An agreement between the holder of the superior building lease and the holder of the sub-lease is required.
The sub-heritage right is entered in the land register of the upper heritage right.
A separate hereditary building land register is also created for the sub-hereditary building right.

Documents required

Application by the landowner or the holder of the hereditary building right in a notarized form, if the application also contains the registration permit

written application by the future hereditary building right holder(s) in the case of the creation of a total hereditary building right to several plots of land or several hereditary building rights or by the sub-hereditary building right holder(s) in the case of the creation of a hereditary building right to one hereditary building right and also
the registration authorisation of the landowner(s) or the holder(s) of the building lease(s) in a publicly certified form
Certificate of clearance from the tax office (further information about this can be obtained from the notary public working in your case)
Proof of the agreement between the property owner and the future leaseholder or the superior leaseholder and the sub-leaseholder in a publicly certified form
If applicable, a certified map from the land registry office as proof that the properties are close to each other
If applicable, substantiation of the fact of the (completed or intended) construction of a single building or a building with associated ancillary facilities on the land or the fact of the intended division of the hereditary building right into residential or partial hereditary building rights (further information on this can be obtained from the notary public acting in your case)
if necessary, further evidence and approvals

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

Procedure & Fees

Procedure

You apply for registration at the land registry office. As a rule, the notary who has certified or authenticated the documents required for registration arranges the registration.
The responsible authority checks the required documents and requests additional documents or information if necessary.
The leasehold land register is created.
The hereditary building right is registered.
You will receive a registration notification.
You will receive the invoice from the responsible authority.
You pay the bill.

Processing time

The processing time depends on the individual case.

Fees

Fees are charged for registering the leasehold. The amount of the fees depends on the transaction value. They range from a minimum of EUR 15 to a maximum of EUR 26,585. The amount of the fee is calculated according to the Court and Notary Fees Act (GNotKG).

Additionally, notary fees apply. Please inquire with your notary public about the amount of these fees.

Legal notes

Legal remedies

land registry complaint

Legal basis

Downloads & Links

Links on hamburg.de

Public Legal Information and Settlement Body Hamburg (ÖRA)

Links on the Internet

Nationwide notary search

Find out your responsible facility

Keywords: total hereditary building right leasehold for several plots of land

Last updated: 23.05.2025