A municipal land award is a separate legal decision from a grant or bank approval. Establish whether the parcel is dominio público or patrimonial, the applicable regional/local patrimony and planning rules, the permitted residential/dotational use, eligible bidder, allocation procedure and title offered. A general cohousing strategy or a past award does not prove a current available tender.
RDL 7/2015 art. 53 defines derecho real de superficie: temporary building ownership distinct from land, on public or private land. Valid constitution requires public deed and Land Registry inscription, with a term no longer than 99 years; this is a legal maximum, not a standard municipal offer. Title may be paid or free and can impose canon, allocation and transmission requirements. Art. 54 permits transfer/security within title limits and provides expiry/reversion rules; lenders need a financeable right lasting long enough, not merely informal permission to occupy.
Concesión demanial and patrimonial surface rights are not interchangeable. Ley 33/2003 and territorial/local patrimony rules govern public assets; property/concession-title contracts can sit outside the ordinary procurement-contract regime (Ley 9/2017 art. 9), while particular public works/services partnerships have their own rules. Read the actual pliego rather than applying a generic tender shortcut.
es-national-public-land-ppp requires a qualifying public-land partnership, separate territorial award and at least 50-year registered affordable rental/use commitment. Land availability, planning approval, protected-housing allocation and financial viability must all be tested before treating a grant ceiling as achievable.