A certificate will make sale difficult for people granted with ownership rights

As of 1 January 2019, the perpetual usufruct right to land developed for housing purposes will be transformed into the ownership right of such land. Marek Szymanek comments on Article 1 of the Act, which was created with a view of people having flats and houses on land situated in areas subject to perpetual usufruct.

“On the one hand, existing perpetual users of the land who fulfill requirements of the Act by law will become co-owners of the real property, but on the other hand, they will not be able to disclose this fact in the land and mortgage register or successfully carry out the sale transaction by the time of receiving a certificate”, says legal counsel Marek Szymanek.

“According to Marek Szymanek, shortening the deadline for issuing a certificate confirming the transformation – e.g. up to two months in the application mode, as it was in the original version of the draft, may also be a solution. – Such a deadline, taking into account the time usually spent on transaction preparation, does not seems so painful”- says Szymanek.

The article with commentary by Marek Szymanek is available at: https://www.rp.pl/Mieszkaniowe/309279881-Zaswiadczenie-utrudni-sprzedaz-uwlaszczonym.html