Monetize your land
without letting go of the property.
The Surface Right is the legal tool that allows monetizing real estate assets while maintaining land ownership in the long term. Audit, structuring, and registration in Malaga and Costa del Sol.
Fundamental concepts
The basis of success in an administrative concession or surface right lies in the technical understanding of its constituent elements.
Ground vs. Airspace
"Ground" is the physical property of the land (original owner), while "airspace" is the right to build and exploit what is built by a third party during the agreed term.
Reversion Term
Agreed time period (max 99 years) after which ownership of what is built returns to the ground owner automatically and free of charge, unless otherwise agreed.
Royalty
Economic consideration that the superficiary pays to the ground owner. It can be a one-time initial payment, periodic rents, or a combination of both according to the optimal structure.
Concession
Administrative act by which a public entity grants a private person the exclusive use right over a public domain asset (ports, beaches, mountains...).
Constitution roadmap
Audit and legal viability
Exhaustive analysis of the ground's registry situation and urban compatibility for the constitution of the surface right. We identify limitations, charges, and prior conditions.
Financial structuring
Modeling of royalty (initial vs. periodic) and fiscal optimization of patrimonial impact for both assignor and superficiary. Comparison with sale alternatives.
Public deed and registration
Formalization before notary and registration in the Property Registry, creating two independent registry properties (ground and airspace) with full effect against third parties.
Strategic comparative analysis
Why is the surface right the preferred option for family offices?
| Key indicator | Traditional sale | Surface right |
|---|---|---|
| Ownership of ground | Lost permanently. | Maintained in perpetuity. |
| Liquidity | Immediate, one-time payment. | Royalty inicial + rentas recurrentes. |
| Taxation (capital gains) | Total fiscal impact in year 1. | Deferral and optimization of taxable base. |
| Asset at maturity | None (no longer belongs). | Recovers ground + appreciated construction. |
Frequent technical queries
We resolve the most complex legal doubts about the constitution and extinction of the right.
Monetize your assets without selling them
Our experts in surface right consultants will guide you in the optimal structuring for your real estate assets in Malaga.
Request audit jurídicaWe serve ground owners in Malaga, Marbella, Torremolinos, Fuengirola and the entire Costa del Sol.
