Is real estate industry your business target? Does your job consist in developing new real estate undertakings? Are you interested in investing in Argentina?

The new Civil and Commercial Code of the Argentine Republic, in force since last August, has given the strongest level of legal safety to a new right: the surface rights over real estate. Thanks to this right, a land property can be owned independently from the construction on it for an extended period of time, giving investors the chance to recover from any investment.

This element, together with the possibility of giving said right to a trust, provides a series of alternatives for planning investments that considerably reduce initial costs, since it eliminates the need to acquire a land property in order to build on it. This noticeably improves the cash flow and therefore the profitability of any project. Furthermore, it gives to a part of the real estate property (surface right) the characteristic of a negotiable instrument, which in turn constitutes an important financing element, without implying a definitive loss of the property built on it.

The right that laid the foundation for the surface rights over real estate is the real property right over a forest area, which has already been incorporated to the new Argentinian Civil and Commercial Code, and which has been extended to plantations and construction areas. Since 2001 (when Act No. 25,509 on the Real Property Right of Forest Area came into force), our experts have acquired a vast practical experience in this field, which is essential to proceed safely and make a practical use of this new resource.

With more than 75 years of expertise within the Argentine background, Sena & Berton Moreno offers the necessary advice and support to asses, implement and make investments in Argentina, providing the appropriate assistance on legal and financial aspects.