Property
Cadastre-based ownership with the superficies solo cedit rule restored
The 2014 Civil Code restored the principle that a building forms part of the land, reversing decades of separate ownership. Rights are registered in the cadastre of real estate, and registration is required for transfer to take effect.
Key rules
- Ownership passes on entry in the cadastre, not on signature of the contract.
- A building is generally part of the land unless a right of superficies is created.
- The cadastre notifies owners of any application affecting their property.
- A good-faith purchaser relying on the cadastre is protected after a statutory period.
Governing law
- Civil Code (89/2012)Property, superficies and easements.
- Cadastral Act (256/2013)Registration procedure and effects.
- Act on certain measures in housing (67/2013)Service charges in leases.
In practice
The cadastre imposes a 20-day waiting period before registering a transfer, a deliberate anti-fraud measure that must be built into any completion timetable.