Housing cooperatives for the right to vote. The costs of the whole operation can be borne by the tenants – Real estate

Scheduled for January 1, 2019. Land cover in housing development (Journal of Laws, 2018, item 1716) was designed to solve the problems resulting from frequent and contradictory increases in usufruct accounts in perpetuity. Since the government quickly passed the law before the local elections, many of its by-laws until the end of the legislative process gave rise to considerable doubts.

The key example is the requirement to check whether, when emancipated, the limit set by the European Union for eligible public aid has not been exceeded. Granting entrepreneurs the privilege of transforming the perpetual usufruct of owned land can be tantamount to obtaining financial benefits that distort competition in the domestic market. Unless their value does not exceed 200,000 euro (ie the limit of de minimis aid). Anything above this amount can mean the need to return the surplus to the Treasury.

According to the law, the obligation to take into account these nuances concerns not only the developers, owners of kiosks and restaurants, but also housing co-ops. They are also entrepreneurs within the meaning of the EU state aid regulations, for example they rent commercial premises. For the wealth of real estate used for commercial purposes, the cooperative must therefore contribute – in addition to the 20 annual conversion costs – the surplus generated after the depletion of the limit of PLN 200 000. euros.

– In this case, the payment will be the difference between the market value of the land and the amount of royalties and the allowable limit of de minimis aid. – says Agnieszka Majchrzak of the Competition and Consumer Protection Bureau (UOKiK).

Vision of Bankruptcy

Presidents of cooperatives, who have already started estimating amounts, warn that their budgets may not be able to support them.

– In Warsaw, Ursynów, this payment could reach 1.5 to 2 million PLN for a single building – assesses Piotr Janowski, president of the housing and construction cooperative "Jary", which involves more than 6,000 people.

According to his calculations, assuming that the perpetual usufruct rate for commercial premises is 3%. land prices, the excess amount will be equal to 40%. the market value of the share in real estate (minus EUR 200,000). But for various reasons, there are also cases where the rate is 1%. Then, the surcharge could reach 80%. the market value of the land.

– For housing cooperatives, this can be a contribution to bankruptcy – Janowski recognizes.

Worse, although the right to emancipation comes officially in a month, many cooperatives still do not know how to interpret the state aid provision. Above all, he does not believe that he will pay in some cases colossal sums.

– We see the problem, but I can not imagine that such conditions should apply. Where to find money for this? – The president of Spółdzielnia Mieszkaniowa "Wola" Robert Ambroziak is surprised. – Ministry and municipal authorities should explain how to solve these problems – he convinces.

Others informally admit that the need for an emancipation grant can indirectly affect the rent increase.

– Revenues from economic activity are spent on subsidies for the renovation fund or operating costs. If the balance sheet cooperative does not receive any income for one year, it will have to cover the losses of the next two years and will not have to pay extra to operate the apartments. Thus, rents will increase indirectly – says one of the presidents in Warsaw.

Station declares concessions

When asked if he estimated the costs of housing cooperatives, the Ministry of Investment and Development indicated that the regulations had been widely consulted.

– A representative of the Audit Union of Housing Cooperatives participated in the sessions of the Senate Committee. UOKiK has been regularly informed of the obligation to apply state aid provisions in processing. The work was not influenced by the co-operative's signals regarding the threat of large subsidies, notably that, in the case of co-operatives, state aid applies only to commercial premises. – convinces MIiR.

However, when, in September, DGP was the first to write that the promoters had, in extreme cases, to return to the Treasury an amount of public aid not much lower than the price they had paid for the perpetual usufruct right. , the ministry decided it would not happen. After two months, he changed his mind: last week, the department tabled a draft amendment to the postage bill, which aims to eliminate the risk of a surplus paid by the promoters (the transformation of the Perpetual usufruct in ownership will come from the registration in the land register of the property distinct from the last apartment, delivery of the building to be used, in accordance with the regulations adopted in summer).

At present, the ministry announces that it is ready to grant concessions, but they only concern the conditions of payment of the grant to the limit of de minimis aid, not the amount of the subsidy. surplus itself. He has prepared a proposal that would mitigate potential liabilities. The cooperative will be able to choose the method of payment, taking into account the individual situation and the financial situation – the DGP informs the ministry. The proposed amendment will include a provision allowing cooperatives, Crown corporations and corporations to submit a statement indicating their intention to pay a royalty in the form of long-term payments.