Changes to the superficies law

Changes to the superficies law

Just prior to the elections, the Act of 25 April 2014 containing various justice-related provisions was adopted and published.
 
The superficies law of 10 January 1824 was also modified in articles 124 through 127.
 
The most important changes concern :
 
- The law confirms the possibility developed in the legal doctrine and case-law not only to grant a right of superficies on the ground, but also below and above the ground, e.g. for parking garages or solar panels,
- Also confirmed is that a right of superficies can be limited in space, given that it can be authorised "in part" on, below or above the ground.
- Not only the “landowner” can grant a right of superficies, but also “any holder of an immovable real right, within the limits of his right”. A superficies holder, leaseholder, usufructuary can thus in his turn grant a right of superficies as well.

These changes enter into force on 24 May 2014.
http://www.ejustice.just.fgov.be/mopdf/2014/05/14_2.pdf#Page61