The Sejm decided. The end of "gigantic and unexpected increases in perpetual usufruct fees"



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"We are already a step into reality without gigantic and unexpected increases in user fees. We are solving the problems of perpetual usufruct. We meet the needs of society. 2, 5 million perpetual usufructaries who did not have full rights did not own property in plots located under their apartments, said Minister of Investment and Development, Jerzy Kwieciński

In January 2019, all those who have an apartment or house in Poland will be their full owners, we have secured funds for the needs of land and mortgage registers, so that this operation proceeds smoothly "- added Deputy Minister Artur Soboñ.

To find out more: Perpetual usufruct in the trash of early 2019? In one case, Brussels must agree

End of the perpetual usufruct and related problems

The statutory transformation of the right to land solves the problems of transformation on the basis of existing regulations and problems that arise when annual fees are updated Perpetual Usufruct on land built for housing purposes. The solutions are global in nature. It covers all perpetual usufructors of land developed with residential buildings

The Act assumes a payment at a level that guarantees owners comparable revenues to perpetual usufruct rights resulting from the previous system. It also provides for the valuation of post-conversion rights

In the future, it will be more difficult to establish the perpetual usufruct for housing purposes. The "delayed" transformation will take place on the day of the delivery of the building. The law will significantly reduce the cases of establishing new perpetual usufruct rights.

Read more: REAS: End-of-sales records for developers in Poland. But the price of housing is increasing, "there is no doubt about it"

The annual fee for 20 years

In detail, it will look like the end of June the Center of ?? Government information, e "instead of the current annual perpetual usufruct fees, future owners will pay an annual conversion fee – for 20 years from the date of conversion – their amount will be equal to the annual fee of $ 30,000. perpetual usufruct, which would be in effect processing (eg, January 1, 2019.) The annual conversion tax must be paid by March 31st of each year (it will be possible to request its distribution in installments over # 39; year). The valuation will be made from the office or at the request of the new owner – no more than once every three years. "

To avoid valuation, it will be possible to pay all 20 ops After the transformation, the owner acquires iert ownership of the land to the extent that he has the right to participate in the perpetual usufruct, also given.

According to the CIR message, organizations representing the existing owners of the property. (For example starosts) will issue – certificates confirming the transformation of the perpetual usufruct right into land ownership right. The deadline for issuing the certificate of transformation of the office must not exceed 12 months, and at the request of the new owner of the land – 4 months. The certificates will form the basis of registration in the Land and Mortgage Register of the property of the land acquired under the Act. Court fees will not be charged for registrations.

Now the Senate will take up the law. If all goes according to plan, it will come into effect from January 1st, 2019.

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