Super certificate
A Superädifikat referred in Austria (§ 435 ABGB), a building which (with the consent of the landowner and regularly paid) on a foreign land built is (it unless a located building rights concerns) and "should not always remain that," for example, Market and Prater huts or garden sheds. This “lack of intent to leave” is an important feature, but in practice it is not handled too strictly; Perhaps the best-known untypical example is the former (until 2013) main building of the Vienna University of Economics and Business .
In contrast to the normal legal situation, ownership of the building and ownership of the property are exceptionally different in the case of a super-certificate. The property is not entered in the land register, but acquired by depositing a deed.
Subsequent creation of a super-adificate is not possible. It is therefore not possible that a property owner, on whose property there is already a building, sells this building as a super-certificate and keeps the property below.
In popular parlance, especially in Styria and Carinthia , the Superedificate is also called Luftkeusche , because it is thought of as a small building (cf. Keusche ) that is built without real estate, so to speak "in the air". In Austria, super certificates are usually agreed with a time limit of between 70 and 100 years. After this period, the property and the structure on it will revert to the owner of the property.
In German law, the institute of the sham component is comparable (according to Section 95 BGB).
The Institute of Fahrnisbaute (Art. 677 ZGB) is comparable under Swiss law.
An example of third-party land are the in Vienna Prater standing Kugelhaus Kugelmugel and Empress Elisabeth Memorial Church on a plot of the city of Vienna on the Schneeberg .
