Diritto di Superficie (Surface Right)

A real property right allowing one to own buildings or plantings on land owned by someone else. Under Civil Code Article 952, a landowner can grant the diritto di superficie to another, typically for a long term (e.g. 99 years) or perpetually, enabling the superficiary to build and own a structure separate from the land. It essentially splits ownership: one party owns the land (nudo proprietario of land), another owns the building on it. This is used, for example, in some social housing or when municipalities grant surface rights to build public housing, or for installing renewable energy farms. Upon expiration (if term-limited), the building ownership usually reverts to the landowner. When buying property, if it’s a surface right, you’re not buying the land beneath in fee simple – the deed will indicate it’s proprietà superficiaria. The price and taxes are usually lower than full ownership.