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Right to construction

Whoever owns land shall also own the buildings thereon, unless otherwise established. This means that by express agreement, it may be established that the buildings do not belong to the owner of the land.

The right to build is exercised by entering into a contract for the establishment of a building right, more commonly known as a “superficies”. That is, the owner of the land grants it to another person for the construction of a building.

Superficies are encumbrances in rem. When the person in whose favour the building right has been established constructs the building, he will be the owner of the building, and the building right established in his favour will be transformed into the right to keep his building on someone else’s property.

To ensure that the landowner is not disadvantaged, compensation is negotiated in his favour – part of the newly constructed building.

The establishment of the right to build shall be made in the form of a notarial deed. Prior to the execution of the transaction, a preliminary agreement in ordinary written form may also be concluded, specifying: the amount of compensation and penalties for non-performance.

The contract for the establishment of the right to build shall be entered in the Property Register at the Registry Agency. If the contract establishes the right to build on state-owned property, the superficies shall be established by an administrative act of the relevant authority.

Case for the right to build

The right to build can be exercised within 5 years. Otherwise, it is time-barred. Case law holds that the right to build is realised when the building is completed to the stage of rough construction.

If the builder does not complete the building within the 5 year limitation period, the landowner has the right to complete the building and obtain ownership of the land. In case of defective completion of the building, the land owner should file a lawsuit seeking compensation for the damages caused to him.

If necessary, you can contact a real estate attorney from Legal Frame Law Firm, who will familiarize himself with the case and assist you in preparing documents for the right to build.

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