Glossary
Building lease (droit de superficie)
The droit de superficie (building right) is an easement that allows a person, the holder of the right, to construct or maintain a building on land that does not belong to them. The landowner remains the owner of the land, while the holder owns the building for the entire duration of the right.
When it is granted for at least 30 years and is transferable, it is known as a droit de superficie distinct et permanent (DDP). It can then be registered as a property in the land register, sold, mortgaged or passed on through inheritance. Its maximum duration is 100 years, with the possibility of extension.
In return, the holder generally pays a ground rent to the landowner. When the right expires, the building reverts to the landowner, who must pay fair compensation to the holder, unless otherwise agreed. The contract must be executed as a notarised deed.
For a buyer, a property held under a building right often costs less to purchase, but the annual ground rent and the remaining term of the right are two points to analyse before committing.