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Do not miss the deadline – claims for sale of perpetual usufruct accepted until 31 August only

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​​by ​​​​​​​​​Damian Dobosz

12 August 2024


Deadline for claiming sale of perpetual usufruct expires on 31 August – the State Treasury accepts requests only until then. Do not miss the date!

What conditions must be met?


According to the applicable laws, the Real Property Management Act permits sale of land properties to perpetual usufructuaries. 

The law also lays down conditions that prevent perpetual usufructuaries from requesting the sale of land, such as: 

  • the land has been let on perpetual usufruct after 31 December 1997, or
  • the land is undeveloped. 

Therefore, it is necessary to each time verify whether the perpetual usufructuary is entitled to request the sale. 

The right to request the sale of land is particularly important for businesses which are perpetual usufructuaries. The legislation allowed the transformation of perpetual usufruct into ownership before, but only in respect of properties used for residential purposes. 

How to calculate the sales price of the real property?


The sales price of the real property will be determined in accordance with the rules laid down in the Real Property Management Act. The price will be calculated by multiplying the existing percentage annual fee for perpetual usufruct by the value of the land and then multiplying by a multiplier of 20. The real property’s sales price may also be divided into instalments. The above-mentioned multiplier may be higher depending on whether: 

  • the real property is used for business purposes,
  • the State Treasury is the real property owner,
  • a local government unit is the real property owner, 
  • the payment is made on a one-off basis or in instalments.   

Deadlines


A claim for the contract of sale of the land under perpetual usufruct can be made within one year of 31 August 2023 (i.e. by 31 August 2024). 

Have you got any questions? You are welcome to contact​ our experts.​

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Damian Dobosz

Lawyer (Poland)

Senior Associate

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