Right of superficies agreement and the notary's role

What is this contract?

A right of superficies is the right to own a building on a plot of land that belongs to someone else. The land stays with the owner, the building belongs to the holder of the right, and the right of superficies itself is a separate right entered in the land register that can be sold, inherited and encumbered. It is used when someone wants to build on land they cannot or do not want to buy — for example on a plot leased from the city or the state. The holder usually pays the owner a periodic fee.

What has to be agreed

• Precise identification of the immovable and the area to be built on
• Term of the right of superficies
• Amount of the fee and how it can be changed
• What may be built and on what conditions
• What happens to the building when the right of superficies ends

How it works at the notary

1. Book an appointment with a notary and bring the details of the immovable and an identity document.
2. Negotiate the term, fee and building conditions — the notary explains which arrangements are possible as a real right.
3. The notary drafts and authenticates the contract and submits the application for entry in the land register.
4. The right of superficies is entered in the land register and a separate register part is opened for it.

Frequently asked questions