Is a building load possible despite designation?

Legal advice in a public forum is already borderline but impossible without sufficient information. Only a professional who knows all the information can help you.

So railway = public sector? Which clearance distances apply?

Railways are public in the sense that they serve a public transportation interest. Hence also the designation. However, both the owner of the properties and the railway infrastructure operator can be private.

The construction and significant alteration of structural facilities within the meaning of the state building code on railways require the approval of the State Mobility Authority if the structural facilities

[*]1.
are located at a distance of less than 60 m from the center of the nearest track,

Does that apply to you? No idea. We know too little for that.

You do not have to upload the plans here publicly, publicly appointed surveyors are professionally bound to confidentiality - only such matters cannot be clarified without detailed information. You can contact any publicly appointed surveyor in NRW, they can all help you within 5-10 minutes by bike.

It is also important WHAT is stated in the dedication, i.e. what purpose the dedication serves. That the entire property is affected does not help much, especially since we do not know how large the property is and how it relates to the others. That is all guesswork.

Kind regards
Dirk Grafe

Thanks anyway for your answers, even though I think I won't get any further with the matter for now.

All parties shrug their shoulders:
- the railway
- the owner
- the surveyor
- the city/municipality

No one can/wants to say: this is how it is.

The most concrete statement actually came from the surveyor: "I don't know what speaks against it, but I've never had anything that special before." That's a basis on which one is happy to make investments.

Both properties are located 100% in the area >60m from the center of the track bed.
Designation: use for railway operational purposes. There is/was no track facility on the property itself; the designation is probably related to the maintenance/accessibility of line cables and masts. But as I said, let's leave it be for now.

Depending on developments in the next days and weeks, I can gladly "drop the pants" and explain everything in as much detail as possible and also upload everything I have, but for the moment I do not want to do that yet.

You should be strongly advised against the purchase until this is clarified. There are various contacts at the railway ... DB Services and DB Immobilien.

If the distances to cable ducts, masts, etc. are guaranteed, the contacts can also decide on a construction encumbrance registration. However, this will take time because a site inspection may be necessary.

Your surveyor can gladly call me tomorrow or write an email; I have some contacts at DB.

Best regards Dirk Grafe

The contact person here is the rail development company.

The plot was measured out from a larger overall area that still belongs to the railway - an employee of the railway was present and specified the minimum distance to a track mast bordering the property.

I suspect that the railway has no objections to a waiver, what concerns me now is whether the waiver is strictly necessary in connection with the encumbrance.

But as I said, I would like to wait a little longer before going into further detail.