Soboń: There is no law stronger than owning – Biznesu Puls

proposed on Friday that the Senate does not propose any modification of the law. The bill now awaits the signature of the president

PAP: What will change for the Poles through this bill?

Deputy Minister of Investments and Development Artur Soboń: There is no stronger law. Any other law is a limitation. In practice, this means freedom for Poles to dispose of their property. It is something that is the most important. The property guarantees stability.

It is a law that meets the expectations of the Poles. We will own 2.5 million perpetual users, or about 8-10 million Poles. They have been waiting for it for almost 30 years since the transformation of the political system in Poland.

The perpetual usufruct is a relic of communist law. The law, which supposed that the Poles would not own their apartments. At a time when the perpetual usufruct was the basis of apartment building, no one distinguished the ownership of premises in multi-family buildings. The situation in which the Poles are now more and more owners of their apartments, but they do not own land only with a perpetual usufruct, does not completely correspond to the existing reality

. the perpetual usufruct will end. Let me remind you that the perpetual usufruct has been concluded for a fixed period. I would not want any of these 2.5 million perpetual users who own homes and apartments to wonder what would have happened if

the point is that this theoretical issue of property would find a practical solution.

According to the regulations adopted by the Parliament, we decide that from 1 January 2019, every Pole, the owner of his apartment and his house, will be registered in the land register as the owner of the land on which he is his property

. it will go until the end – you will not have to pay for this "proencika" because of the present value, which for the perpetual usufructuary was absurd. It has often been found that a year, the fees were suddenly 7 or 8 times higher than the previous one. From the citizen's point of view, there was no justification for such an increase in value. The citizens were right when they said that year after year, nothing changes in the value of this property, but if the local government did not update these fees every year, only after a few years, these increases could actually be higher.

in my opinion, they will have a very positive impact on socio-economic relations.

PAP: According to the current law, you can claim ownership of the land? Why, then, what are these provisions?

A.S .: Attempts to date have been inept. They were charged with various flaws – they were unconstitutional or required too much citizen participation. We did our homework on the constitutionality of the regulations and made sure the process was automatic. We do not demand that residents self-organize to transform their perpetual usufruct into property.

The price to be paid to convert the property into a property is the price that residents will pay for the constitutionality of that solution. As a government, we have proposed that local governments can provide reductions on conversion costs to local governments.

To preserve the constitutionality of the regulations, we could not offer similar discounts for local government parcels. From there, we will call on local governments and municipal councils to establish such discounts. They will be locally different, and local governments will determine them according to their policy and – I hope – to the expectations of the residents. I think that the pressure of the inhabitants to make these most advantageous reductions will play a big role here.

These reductions should not be determined by the municipalities under the same conditions as we proposed. The counselors are free. My political environment, Law and Justice, will strive to obtain such reductions because the local government is not a budget, but a community of inhabitants.

I am convinced that local governments will face this task. based on the 2005 regulations.

PAP: Perpetual usufruct costs borne by residents are paid "in the infinite", and in law we are talking about a period of 20 years fee. Do local governments have no objection to being deprived of revenue for the budget?

A.S .: Perpetual usufruct charges are not money that significantly affects the local government's budget. It is on average about 1-2 percent. local government revenues. This 20 year period, which we have enshrined in law, respects the principle of proportionality in the constitution and gives the self – governments the time to prepare in a certain way to reduce the budget by 2%. in 20 years. This 20 year period ensures a stable income from self-government.

Polish self-governments granted perpetual usufruct to housing cooperatives, or to natural persons about 30,000 people. ha of land. It's about 44%. lands that local governments have in perpetuity usufruct in general. It is not that local governments will lose profits from the perpetual usufruct, because other lands remain. I would like to remind you that in one of the judgments, the Constitutional Court indicated that the autonomous property is not a private property, but that it was established during changes of public property system, so the protection Local government properties are subject to change. Thus, municipalities must take into account the limitation of property rights granted to them, whenever this is required by the order of an inheritance that does not correspond to the new political conditions of the period of the Polish People's Republic

. I have such a conviction that from the point of view of the local government, I fully respect the expectations of the local government

PAP: What will the transformation process look like on the technical side?

AS: Eternal users will receive successively from 1 January 2019 notifications about the transformation of their land. We have given time for this operation in order not to cause accumulation of problems. Automatically, these certificates will also be sent to the land and mortgage divisions of the courts. The law provides additional resources to strengthen the courts, which explains why there will be no increase – the measures provided for in the law will help to clear the current queues in the land and mortgage divisions [19659007]. he will have the opportunity. There is up to 60% reduction on the lands belonging to the State Treasury. for repayment in the first year and each lower year of 10 pproc. After payment of the total amount of the land register and mortgage, the request for payment of conversion fees will be removed. But the perpetual users will be owners from January 1st, because the transformation is automatic, and the conversion "delayed" will take place when the residential building will be in perpetual usufruct after the statutory date of transformation.

PAP: How does this solution work? in the National Housing Program

AS: This is part of the Mieszkanie plus program and the housing policy of Jarosław Kaczyński. We treat this housing policy very widely. Anything that positively influences the housing market – and no doubt about these regulations – is a desirable phenomenon. We invest in housing construction as part of Mieszkanie plus, we support local governments with significant financial resources, we are preparing model solutions in the field of single-family housing and now we are helping housing owners with this law – all these activities form the National Housing Program. , a more active role in the housing market. We have a lot to do. The civilizational past and the filling of the housing deficit in Poland are our tasks.

© ℗