Superficies Agreement in Romania
Landlord tenant lawyer in Romania. Right of superficies in Romania
In Romanian civil law, ownership rights can be subject to dismemberments. These dismemberments are real property rights in Romania, which arise as a result of separating the attributes of private ownership (possession, use, and disposal). This means that at least one of these attributes belongs to a person other than the owner of the property. Among these dismemberments is the right of superficies in Romania, which refers to the right to build a construction on another person’s land.
Romanian legislation defines the right of superficies in Romania as the right to build or hold a construction on another person’s land, either above or below the surface, where the person, called the superficiary, acquires a right of use over the land.
A right of superficies in Romania can be established, among other methods, through a legal act called a superficies agreement in Romania. By entering into a superficies agreement in Romania, a person (the landowner) grants another person (the superficiary) the right to build, hold, or use a construction on their land, either for payment or free of charge.
It is crucial to mention that in all cases where a right of superficies in Romania is established through a superficies agreement in Romania, the agreement must be concluded in authentic form, under the sanction of absolute nullity. This requirement applies because it involves a real property right in Romania, which is also subject to Land Registry provisions.
The Romanian Law Firm Pavel, Mărgărit and Associates recommends consulting the legal expertise of construction lawyers in Romania or property solicitors in Romania for drafting and reviewing the agreement for the right of superficies in Romania. Such an agreement includes specific terms that must be clearly formulated, such as the duration of the right, the rights and obligations of both the landowner and the superficiary, payment terms, methods of termination, or the transfer of the right of superficies in Romania. Seeking advice from a real estate lawyer in Romania, a landlord tenant lawyer in Romania, or a residential lawyer in Romania is essential to ensure compliance with civil contracts in Romania and the provisions of civil law in Romania.
Construction lawyers in Romania. Superficies agreement in Romania
The right of superficies in Romania is exercised within the limits and conditions established at the time the agreement is concluded. By validly establishing the superficies, each party undertakes to fulfill a series of obligations. The landowner is obligated to respect the superficiary’s real property right in Romania to use the land and hold the construction. Additionally, the landowner must not interfere with the exercise of the right of superficies in Romania during the term of the agreement.
As the superficiary, the party must pay a fee called a royalty if the superficies agreement in Romania is concluded for a consideration. The superficiary must also use the land in accordance with the purpose defined in the agreement.
A real estate lawyer in Romania, construction lawyers in Romania, or property solicitors in Romania can assist in drafting an agreement that protects the rights of both parties. Such an agreement would include detailed clauses regarding the construction process, use, exercise, and transfer of the right of superficies in Romania, ensuring legal security and preventing potential conflicts. Consulting a landlord tenant lawyer in Romania, a residential lawyer in Romania, or professionals familiar with building rights in Romania, property contracts in Romania, and civil contracts in Romania is essential for compliance with civil law in Romania and safeguarding the parties’ interests.
The Romanian Law Firm Pavel, Mărgărit and Associates provides legal expertise to ensure comprehensive and effective solutions in matters related to the right of superficies in Romania.
Residential lawyer in Romania. Property contracts in Romania
In addition to the obligations agreed with the other party through a superficies agreement in Romania, the superficiary, as the holder of the right of superficies in Romania, must fulfill a series of legal and administrative requirements. These include obtaining the necessary documents for the right of superficies in Romania, such as a construction permit, a certificate of completion of the construction, or the technical documentation.
To construct a building in Romania, the builder must obtain a construction permit, which requires proof of a real property right in Romania over the land. Given that the right of superficies in Romania is a distinct real property right in Romania, separate from ownership, it provides the superficiary with the legal capacity to build. Furthermore, it is necessary to obtain a certificate of completion of the construction upon the completion of works, issued by the local city hall or territorial administrative unit where the construction is located. Based on this certificate, the construction will be registered in the Land Registry.
The Romanian Law Firm Pavel, Mărgărit and Associates, through its team of construction lawyers in Romania or attorneys specializing in the right of superficies in Romania and construction permits, can assist and represent you in completing and submitting the required documents for obtaining the construction permit as well as the certificate of completion of the construction. Additionally, a real estate lawyer in Romania or construction lawyers in Romania can handle the procedure for registering the construction in the Land Registry.
Don’t go through these challenges alone. Contact us today for expert support tailored to your needs.
Real estate lawyer in Romania. Real property right in Romania
An important aspect when concluding a superficies agreement in Romania is the duration of the agreement. It is mandatory to specify a term in the contract, considering that the maximum duration for which the right of superficies in Romania can be established is 99 years, with the possibility of renewal.
The agreement terminates upon the expiration of the term agreed upon by the parties, through consolidation if the land and construction become the property of the same person, by the written consent of both parties followed by its removal from the Land Registry, by termination, or if the construction is destroyed. The holder of the right of superficies in Romania can freely dispose of their right. As long as the construction exists, the transfer of the real property right in Romania over the land can only occur simultaneously with the transfer of ownership of the construction.
The Romanian Law Firm Pavel, Mărgărit and Associates provides high-standard legal services across various practice areas, including drafting and reviewing property contracts in Romania, such as loan-for-use agreements. Our team demonstrates a comprehensive understanding of the regulations regarding civil contracts in Romania and building rights in Romania, including the commodatum agreement, offering clear and effective legal solutions to all clients who have sought the assistance of a real estate lawyer in Romania, construction lawyers in Romania, or attorneys specializing in civil law in Romania.
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