Building Law
What is building law?
Building law refers to the right in rem, which is transferable and inheritable, to erect a structure on or beneath the surface of another person’s land. The distinctive feature here is that, in accordance with the principles of property law, ownership of a building vests in the owner of the land on which the building was erected. Without a specific agreement, a building is therefore ‘ineligible for special rights’. Building rights enable the developer to use a plot of land without having to purchase it, whilst the landowner does not have to relinquish their rights to their property. A building right is created by entry in the encumbrances sheet (C-sheet) of the land register and may only be agreed for a fixed term of between ten and 100 years.
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