Liquidation of the perpetual usufruct from 2019



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Early 2019, a law will come into force, under which the perpetual usufruct of plots built with residential buildings (single-family and multi-family) will become property or co-ownership. The possibility of establishing new perpetual usufruct rights for housing purposes will also be abolished. It should be noted that the perpetual usufruct will always be applied to plots used for non-residential purposes. The Ministry of Development is working on a solution that will lead to a complete liquidation of the use, but this process will be realized in the future

Home Broker has prepared answers to the most important questions regarding the transformation of the perpetual usufruct in property. with whom will he treat?

Yes. By law, anyone using the perpetual usufruct will become the owner of the parcel, provided that it is used for housing purposes. (19659005) The operation will apply to developed land exclusively with apartments and ancillary premises (eg, shops or service points on the ground floor of a residential building) or garages for example. The owners of these points will use the act as if to transform the land under the entire building. The condition is that at least half of the premises be residential. There may also be garages or outbuildings on the parcel provided that they serve the residents.

Are excluded from the Law parcels built only with commercial buildings such as shopping malls or office buildings and only garages / parking spaces. If both a residential building and another, for example a commercial or commercial building, are located on a parcel, the conversion will take place only after the division of the parcel and the separation of the part used for housing purposes

The slogans "end of the perpetual usufruct" and "transformation of the perpetual usufruct into property" seem to occur suddenly and free of charge. The association is only half true. Indeed, this event must take place immediately (1 January 2019), but it is not that the land will become the property of the current user for free. Under the bill, it will pay the conversion fee for 20 years

How much will it cost to turn the perpetual usufruct into good? 19659004 According to the bill, the annual conversion fee will be as high as the perpetual usufruct fee 2018 The tax will have to be paid for 20 years, which means we will pay 20 times the annual usufruct fee perpetual for land ownership.

Will the annual conversion fee be fixed?

Perpetual usufruct fees as a rule, 0.3-3%. the value of the plot, according to the purpose for which it was put into use. In the case of a dwelling, it is 1%. The problem is to update the value of the earth. If it has not been achieved for many years, its sudden implementation can cause a rapid increase in the tax – even many times. The new law eliminates this risk

The annual conversion tax of 20 years is equal to the amount of the perpetual usufruct tax of January 1, 2018 and its amount can be valued only by the index of variations Real estate prices published by the Central Statistical Office. Thus, it seems that we can forget the sudden increases in the fee, and future payments will depend solely on market changes.

Can I get a discount on a single payment?

The law provides that existing owners will be able to grant bonus for the payment of payment "in advance". There is no doubt that such reductions can be expected in the case of parcels belonging to the Treasury, other landowners (local governments) will make their own decisions on this issue, but they have suggested doing the same.

they will be really high. In the case of a land belonging to the State Treasury, pay the whole the first year represents an expenditure of 60%. inferior. For each subsequent year, the reduction will decrease by 10 percentage points

For example, if someone pays a perpetual usufruct of 1000 PLN per year, then instead of 20 000. PLN (20 years after 1000 PLN ) will only pay 8,000 PLN zł. How Open Finance counted this discount can be compared to placing money on a deposit of almost 13 percent.

Marcin Krasoń, Home Broker

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