Short answer. Yes, but within strict limits. Article 595 of the Civil Code allows the owner to construct works or make improvements — and even plant on rural land — as long as the works do not diminish the value of the usufruct or prejudice the rights of the usufructuary.

What the law says

The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible, or make new plantings thereon if it be rural, provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary.

Civil Code, Article 595 — The Owner May Build and Improve. Read the full provision →

What the owner is permitted to do

The naked owner does not lose all control over the property simply because a usufruct exists over it. Article 595 recognizes that the owner retains the right to construct works or make improvements — and, if the property is rural land, to plant on it — even without asking the usufructuary's permission. This is the natural consequence of the owner still holding the underlying title. The usufruct is a right to use and enjoy the property as it stands; it is not a right to freeze the property in place forever against the owner's wishes.

The condition that limits this right

The permission in Article 595 comes with a real and enforceable limit: the works or improvements must not diminish the value of the usufruct or prejudice the usufructuary's rights. This is not a procedural formality — it is the substantive boundary. An owner who builds a structure that blocks the usufructuary's access, reduces the rental income the usufructuary derives from the property, or otherwise makes the usufruct less valuable than it was at the time it was constituted has crossed the line the article draws. The usufructuary is entitled to push back against such works.

Why this matters in practice

The rule tends to come up in two scenarios. The first is where the owner wants to develop or improve the property and the usufructuary objects. Article 595 supports the owner — as long as the work passes the non-prejudice test. The second is the reverse: the usufructuary is already in possession and the owner's construction is disrupting that enjoyment. In that case the usufructuary has legal grounds to demand the work be halted or undone, or to seek compensation. Which scenario applies in your situation, and what remedy is proportionate, depends on the specific facts of the usufruct and what the owner is actually doing or proposing.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.