Table of Contents:
- Who cannot submit a claim?
- Until when can a claim be submitted?
The Act of May 26, 2023, amending the Act on Municipal Self-Government, the Act on Social Forms of Housing Development, the Act on Real Estate Management, the Act on the Tax on Civil Law Transactions, and certain other acts, introduced the possibility of converting the perpetual usufruct of commercial properties into ownership.
According to Article 198g(1) of the amended Real Estate Management Act, a perpetual usufructuary of land may, within 12 months from the date of entry into force of the Act of May 26, 2023, amending the Act on Municipal Self-Government, the Act on Social Forms of Housing Development, the Act on Real Estate Management, the Act on the Tax on Civil Law Transactions, and certain other acts (Journal of Laws, item 1463), submit a request for the sale of that property to them.
Who cannot submit a claim?
The request for sale mentioned in paragraph 1 is not applicable in the following cases:
- if the property was granted in perpetual usufruct after December 31, 1997;
- if the perpetual usufructuary has not fulfilled the obligation specified in the agreement granting the land in perpetual usufruct;
- in relation to land located within the areas of seaports and harbors as defined in Article 2(2) of the Act of December 20, 1996, on Seaports and Harbors (Journal of Laws of 2022, item 1624, and of 2023, item 261);
- if the land is used for the operation of a family allotment garden as defined in Article 2(5) of the Act of December 13, 2013, on Family Allotment Gardens;
- in relation to undeveloped land.
Until when can a claim be submitted?
A claim under Article 198g can be submitted no later than August 31, 2024. Therefore, each perpetual usufructuary should analyze the status of their properties and assess whether they can submit a request for the sale of the property to themselves.
