Hoonestusõigused

Hoonestusõigused are a real right in Estonian law that grants a person the right to own a building on land that belongs to another person. This right is registered in the Land Register. The holder of the hoonestusõigus, known as the surface owner, has the right to use, possess, and dispose of the building. The landowner, on the other hand, retains ownership of the land.

This legal construct is often used in situations where a building is to be constructed on land that is not owned by the future owner of the building, or when an existing building is to be transferred separately from the land. It can facilitate development projects and provide flexibility in property ownership structures. The terms and conditions of the hoonestusõigus, including its duration and any associated payments or obligations, are typically established in a contract between the landowner and the surface owner. Upon the expiration of the hoonestusõigus, the building generally becomes the property of the landowner, unless otherwise agreed. The establishment and transfer of hoonestusõigused require a notarial deed and registration in the Land Register to be legally valid.