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What is superficies utility right?

What is superficies utility right? In the past, building rights have often been established for the construction of utilities. A building and planting right allows you to own or acquire buildings, plants or other things in or on someone else's property. Another word for building rights is right in rem. Utilities are the costs concerning the consumption of gas, water, electricity or other energy for which the tenant has its own meter. Find out all about superficies utility right here.

The reason that building rights have been established for utilities is to prevent sewer pipes, water pipes, power lines or gas lines from becoming the property of the landowner.

Background information for utility building rights

For example, when you build a house on someone else's land, that house becomes the property of the landowner. This is called "natrekking" (5:20(1) jo 3:3 jo 5:3 BW). The law states that ownership of land also includes buildings and works on or in this land.

If you want to prevent accession, you must establish building rights. The building rights prevent the landowner from becoming the owner of a house or other property built on the land. The ownership of the property is separated from the ownership of the land.

Because a provision was included in the law in 2007 that regulates the ownership of networks (5:20 paragraph 2), fewer utility building rights are established than before. The reduction in utility building rights is because nowadays a network operator owns his network if he can prove that he has authority to build the network. In other words, whether he obtained permission to carry out and maintain the work. Nevertheless, it is still quite common for network operators to legally regulate the construction and maintenance of their facilities through a building lease.

If a building right has been established on a plot where you want to perform work, it is important to consult the relevant notarial deed. This is because the work to be performed may conflict with the right of the encumbrancer. Read more about the building rights to utilities on part of a plot in the knowledge article.