Building Rights (Right of Superficies) - Real Estate Law

Legal documentation governing building rights, also known as the right of superficies, in real estate, both domestically and internationally.

These agreements legally define the rights and obligations of the landowner and the holder of the building right, allowing a party to construct, own, or maintain buildings or structures on land owned by another party.
Our services ensure that building rights are legally secure and clearly structured, minimizing legal and financial risks for all parties involved.

We prepare a tailored legal agreement adapted to:

  • The nature, location, and legal status of the land or property, domestically or internationally.
  • The contractual relationship between the landowner and the holder of the building right.
  • Any existing third-party rights, easements, or encumbrances affecting the property.
  • Applicable law, including international provisions where relevant.
  • Registration requirements, notarial formalities, and regulatory compliance.

Scope of Documentation:

  • Parties & Property Identification
    Legally establishes the landowner and the holder of the building right and clearly identifies the land and structures subject to the agreement.

  • Scope of Building Rights
    Specifies the rights to construct, own, use, maintain, or remove buildings or other structures on the land.

  • Duration & Renewal
    Determines the duration of the building right, renewal options, and conditions governing continuation or termination.

  • Financial Arrangements
    Defines any compensation, ground rent, or financial obligations associated with the building right.

  • Rights & Obligations of Parties
    Regulates responsibilities regarding maintenance, insurance, regulatory compliance, and permitted use of the property.

  • Representations & Warranties
    Assurances regarding ownership rights, zoning compliance, permits, and absence of undisclosed encumbrances.

  • Dispute Resolution
    National and international provisions governing applicable law and resolution of disputes relating to building rights.

 

Each request is subject to a prior legal assessment to ensure the correct contractual structure and to guarantee that the document is legally robust and, where required, suitable for notarial registration.