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Term · Ownership and use

Right to build

A limited real right to build and own a building on someone else's land within a certain scope; it is different from the building permit and the promise of a future apartment.

Definition

A building right is a limited right in rem that allows the holder to build and own a building or certain objects on another person's land. It is established in the required form, entered and has a specific subject, scope and conditions.

The owner of the land and the holder of the building right may be different persons. The building permit is an administrative act and does not replace the real basis.

Example

What does it look like in practice?

The owner of the PI grants the company the right to build a residential building against future objects. The company can sell rights related to future apartments, but the buyer must follow the exact incorporation, distribution and connection to the project.

A general statement that "the developer has the right to build" does not show whether your particular unit is included.

Common misconception

What is it commonly confused with?

The right to build is not a building permit, ownership of the entire land or a preliminary contract. Not every contractual right against the investor is a right in rem that can be opposed in the same way against third parties.

Nor does the issued permit prove by itself that the applicant has all the promised private rights.

Practical significance

Why does it matter?

When buying in a new construction, a major part of the inspection is the relationship between the owner of the land, the holder of the right to build and the specific future object. A scope, representation, or entry problem can prevent a seller from delivering on what was promised.

The right is also important for what the flat owner gets in relation to the land after construction.

What to ask

What should you check next?

Request the notarial deed or the contract of incorporation and check the entry, the parties, the property, the project, the objects, the terms and the counter obligations. Compare them with the building permit and your contract.

An independent attorney should answer, "Does the seller have the exact right to pledge and transfer this future object, not just an interest in the project?"

Sources

Check the official source

This content is educational and does not replace a qualified professional's review of the documents for a specific property.

Version 2 · The content is published but has not yet been reviewed by a specialist.