Act Of 21 August 1997 On Real Estate Economy

Original Language Title: USTAWA z dnia 21 sierpnia 1997 r. o gospodarce nieruchomościami

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DIVISION I General provisions Art. 1. [range] 1. The Act lays down the rules: 1) for the management of real property owned by the State Treasury and local government units;

2) Division of immovable property;

3) merge and the Division of property;

4) pre-emption of immovable property;

5) real estate property expropriated and the return of property alienation;

6) participate in the cost of construction of technical infrastructure;

7) property valuation;

8) professional activities, the object of which is the management of real estate.

2. the provisions of this Act shall not apply to property for the tasks of foreign establishments of the Republic of Poland within the meaning of the provisions of the foreign service.

Article. 2. [relationship to separate provisions] Act does not violate other laws concerning property management, and in particular: 1) of the Act of 24 March 1920 on the acquisition of real estate by foreigners (Journal of laws of 2004, no. 167, item 1758, as amended);

2) of the Act of 26 March 1982 about merging and the exchange of land (Journal of laws of 2003, no. 178, poz. 1749, as amended);

3) Act of 28 September 1991 on Forests (Journal of laws of 2005, no. 45, item 435, as amended);

4) Act of 19 October 1991 on the management of agricultural real estate Treasury (Journal of laws of 2007. # 231, item 1700, as amended);

5) of the Act of 27 October 1994 on paid highways and on the National Road Fund (Journal of laws of 2004 No. 256, poz. 2571, as amended);

6) Act of 22 June 1995 on the accommodation of the Polish armed forces (Journal of laws of 2005, no. 41, item 398, as amended);

7) Act of 30 May 1996 on the management of certain types of property of the State Treasury and the military property agency (Journal of laws of 2004, no. 163, 1711, as amended);

8) of the Act of 18 July 2001 – water law (Journal of laws of 2005, no. 239, poz. 2019, as amended);

9) of the Act of July 3, 2002-aviation law (Journal of laws of 2006, no. 100, item. 696, as amended);

10) of the Act of 28 March 2003 on railway transport (OJ 2007, no. 16, item 94, as amended);

11) of the Act of 10 April 2003 on the specific principles of the preparation and implementation of investment in the field of public roads (Journal of laws 2008 No. 193, poz. 1194 and # 199, poz. 1227 and 2009 No 72, item 620);

12) of the Act of 12 February 2009 on specific principles of the preparation and implementation of investment in public use airports (OJ No 42, item 340 and # 161, item 1281);

13) of the Act of 8 July 2010 with special conditions to prepare for the implementation of the investment in building flood (Journal of laws No. 143, poz. 963).

Article. 3. the [competent authority] 1. Competent in matters of real estate economy, governed by the provisions of the Act, the competent minister of construction, the local planning and land-use planning and housing.

2. the advisory body the Minister responsible for construction, local planning and land-use planning and housing in matters of property management is the National Council of real estate.

3. the competent Minister of construction, a local planning and zoning and housing appoints and dismisses the Chairman and the members of the Council referred to in paragraph 1. 2, and shall be determined, by Ordinance, its rules of procedure, which specifies the Organization and principles of operation of the Council.

Article. 4. [Definitions] Whenever the law is talking about: 1) real estate-understood land, together with the components, with the exception of buildings and premises, if they form a separate item of property;

2) resource property – should be understood real estate, which are the subject of the ownership of the State Treasury, municipality, County or State, and were not cast in the perpetual use, and real estate subject to the usufruct of the State Treasury, municipality, County or province;

3) plot of land – it should be understood as the undivided, continuous part Earth's surface forming part of or all of the real estate;

3A) plot construction – should be understood a built-up piece of land, which size, geometric features, access to the public road and equipment in technical infrastructure devices allow you to correct and rational use of the buildings and equipment are located on this parcel;

3B) disposal or acquisition of real estate must be understood to make legal acts, on the basis of which the transfer of ownership of immovable property or the transfer of usufruct land or putting her in a perpetual use;

4) previous owner – be understood a person who has been deprived of the right of ownership of property as a result of the expropriation or acquisition to the Treasury or to government entities under other titles;

5) local plan-be understood zoning referred to in the provisions of the planning and land use planning;

6) valuation of real estate is to be understood the proceedings, which shall be made to determine the value of the property;

6a) determining the value of the property is to be understood, you specify a value of real estate as an object of property rights and other rights to the property;

7) universal taxation real estate – should be understood the valuation of real estate, as a result of which the cadastral value of real estate;

8) estimate real estate – should be understood activity related to the determination of the value of the property;

9) competent authority-should be understood the starost, executing a task with a range of Government, with respect to real property owned by the State Treasury and the executive body of the municipality, County and State in respect to the property which are respectively owned by the municipality, County, and State;

9A) the municipality of legal person – must be understood legal entities established or created by the authorities of the local government units;

9B) local government unit-must be understood the municipality, district or province;

9B) people who helped – it should be understood also the Mayor of the city of counties;

9 c) to the competent authority-should be understood district, in which the Government tasks are performed on the property management of the State Treasury, or up the municipal, district, or Marshal, in which property management are owned by local government units;

9 d) Council or Regional Council – should be understood the Council of the municipality or the County Council and the Regional Council of the province;

10) OU must be understood of the State or local government organizational unit without legal personality;

11) cost adiacenckiej – understood the fee established in connection with the increase in the value of the property caused by the construction of infrastructure facilities involving measures of the State Treasury, local government units, funds from the budget of the European Union or from foreign sources, or non-refundable fee determined in connection with the merging and the Division of property, as well as the Division of real estate;

12) the company should be understood a public limited-liability company or a limited liability company;

13) person close-by to understand descendants, ascendants, siblings, children, siblings, spouse, person and preventative procedures adopted and the person who remains with the vendor actually in cohabitation;

14) standards professional must be understood rules of conduct in the exercise of the profession of appraiser, determined in accordance with the provisions of the law;

15) professional bodies – understood associations and clubs associations that bring together professional performing appraiser;

16) real estate similar – it should be understood, that is comparable to the immovable property subject to valuation, because of its location, legal status, purpose, method of use, and other features that affect its value;

17) real estate State-understood State of land use, legal status, the status of the technical-commercial grade equipment in technical infrastructure devices, as well as the State of the environment of real estate, including the size, nature and degree of urbanisation of the locality in which the property is situated;

18) public communications should be understood telecommunications infrastructure for providing publicly available telecommunications services within the meaning of the provisions of the telecommunications law.

Article. 5. [Valorisation statutory amounts] [1] the valorisation of the amounts due of the titles specified in the Act shall be made using indicators of changes in property prices announced by the President of the Central Statistical Office, by means of notices in the official journal of the Republic of Poland "Monitor Polish".

Article. 6. [the objectives of the public] objectives of the public within the meaning of the Act are:


1) release of land for public roads and waterways, the construction, maintenance, and construction of these roads, public transport facilities, and public communications and signalling;

1A) the separation of the land under the railway lines and their construction and maintenance;

1B) release of land for the airport, equipment and objects to handle air traffic, including areas of approaches, and the construction and operation of the airports and equipment;

2) construction and maintenance of drainage strings, cables, and devices for the transmission or distribution of liquids, steam, gas and electricity, as well as other facilities necessary for the use of those wires and devices;

2A) construction and maintenance of transport network of carbon dioxide;

3) construction and maintenance of public water supply equipment, storage, transit, and wastewater treatment and recovery and disposal of waste, including its storage;

4) construction and maintenance of facilities for the protection of the environment, tanks and other equipment of water for water supply, regulating flows and protection against flooding, as well as the regulation and maintenance of water and land reclamation, owned by the State Treasury or local government units;

5) caring real estate agent representing the monuments within the meaning of the provisions for the protection of monuments and the care of monuments;

5A) the protection of the Monuments of destruction under the provisions for the protection of the sites of former Nazi death camps and places and monuments commemorating victims of communist terror;

6) construction and maintenance of premises for offices, government authorities, courts and prosecutors ' offices, State universities, public schools, and public health: objects, nursery schools, social welfare homes, nursing-educational and sports facilities;

6a) construction and maintenance of buildings and premises necessary for the implementation of the obligations in the provision of universal service by the designated operator within the meaning of the Act of 23 November 2012.-postal law (OJ item 1529), as well as other properties and facilities associated with the provision of those services;

7) construction and maintenance of facilities and equipment necessary for the defence of the State and protection of the State border, as well as to ensure public safety, including the construction and maintenance of detention centres, detention centres and establishments for minors;

8) search, recognition, extraction of mineral deposits covered by the mining property;

8A) search for or recognition of the complex of underground storage of carbon dioxide and underground storage of carbon dioxide;

9) establishment and maintenance of cemeteries;

9A) the establishment and protection of national;

9B) the protection of endangered plant and animal species or natural habitats;

10) other public objectives specified in separate laws.

Article. 7. [the term property values] If there is a need to determine the value of the property, this value define testers property, referred to in the provisions of Chapter 1, section V.

Article. 8. [the application of the provisions of the code of administrative procedure] When dealing with matters referred to in the provisions of chapter III, it is not possible to notice the parties of decisions and other activities of public administrations due to blaming the addresses of the parties, shall apply. 49 the administrative procedure code.

Article. 9. [Suspension of enforcement of a decision] in the cases referred to in the provisions of chapter III, with the exception of art. 97 paragraph 1. 3, paragraph 1, article. 122. paragraph 124. 1A, article. 124B paragraph. 1, art. 126. paragraph 132. 1A, the execution of the decision follows after 14 days from the date on which the elapsed to no avail to the 30-day period to bring an action against the decision to the administrative court. In the case of a complaint to the Administrative Court in these matters, the authority which issued the decision suspends ex officio its execution, by means of the provisions, which do not have a complaint.

Article. 9A. [appeals against administrative decisions issued by the district administrator] a higher degree of Authority in the cases specified in the Act, decided by a decision by the district administrator tasks from the scope of the Government, is Governor.



SECTION II management of real property owned by the State Treasury and the local government unit Section 1 General rules Article. 10. [the scope of application of the provisions of] 1. The provisions of this chapter shall apply to property which is owned by the State Treasury and local government units.

2. provisions for local government units shall apply mutatis mutandis to these units.

3. the provisions on civil law transactions carried out between the State Treasury and local self-government units, shall apply mutatis mutandis to the civil law transactions between these entities.

4. If the property is the subject of the ownership of the State Treasury or local government units, and third, the provisions of this chapter shall apply only to the management of the participation of the State Treasury or local government units in this property.

5. the provisions of this chapter shall apply, taking into account the provisions on State aid.

Article. 11. [body representing the State Treasury] 1. Subject to any exceptions deriving from the provisions of this Act and a separate set, the body representing the State in matters of estate management is the Governor, performs a task from the scope of the Government, and authorities representing local government unit are their implementing bodies.

2. where the provisions of the Act require the approval by the Council, the Regional Council or the voivode, consent, with the exception of the consent referred to in article 1. 46 paragraph 1. 4, respectively by resolution of the Council or of the Regional Council, or Ordinance, the Governor issued within one month from the date of submission of the relevant application by the district administrator.

Article. 11A. [the correct application of the provisions] provision of art. 11 (1). 1 applies to legal actions or procedural actions taken on behalf of or in the interests of the State Treasury or local government units.

Article. 12. [obligation bodies] Authorities, referred to in article 1. 11, acting for the State and the local governments, are committed to the management of real property in a manner consistent with the principles of sound economy.

Article. 13. [real estate Forms] 1. Subject to any exceptions deriving from the set, real estate can be traded. In particular, the real estate may be subject to sale, conversion and waiver, cast in the perpetual use, rental or leasing, lending, cast in durable Board, and may also be charged with restricted rights in kind, paid as a non-monetary contributions (contributions) to companies, submitted as created State-owned enterprises and as assets created Foundation.

1a. The property may also be transmitted free of charge by the contract partner to a private or a company referred to in article 1. 14 paragraph 1. 1 of the law of 19 December 2008 on the public-private partnership (OJ of 2009 No 19, item 100), for the duration of the implementation of the project within the framework of a public-private partnership.

2. The property may be subject to art. 59 paragraph 1. 1, the subject of a donation to the objectives of the public, as well as the subject of donations made between the State Treasury and the local government, as well as between these entities. The donation agreement specifies the target to which the property is donated. In the event that the real estate donation subject to appeal, subject to the provisions of paragraph 2. 2A 2a. Donations of property which is the subject of the ownership of the State Treasury shall starosta, performs a task from the scope of the Government-with the consent of the Governor, and the property which is the subject of the ownership of the local government unit of its executive body – with the approval of the Council or the Regional Council. A waiver of appeal donation follows with the consent of the authority, which agreed to it. Consent not required to make a donation by the Minister responsible for the Treasury, referred to in article 1. 59 paragraph 1. 1.3. Perpetual right to use the land may be the subject of a non-monetary contribution (contribution) bring to the company.

4. the sale, Exchange, donation or putting in use of perpetual real estate registered in the register of monuments, owned by the State Treasury or local government units, as well as making these real estate as in-kind contributions (illiquid contributions) to companies, requires permission of the provincial conservator.

Article. 14. [acquisition of real estate by the local government unit] 1. The property covered by the ownership of the State Treasury may be sold to local government units for less than their market value or the individuals in the perpetual use without downloading the first charge. Real estate property rights which are the subject of local government units may be sold reverted to the State or other local government units for a price lower than the market value of the property or put them in perpetual use without downloading the first charge.


2. Real estate owned Treasury can be free of charge, charged to local government units limited rights in kind. Real estate owned local government units may be free of charge will be billed to the Treasury or other local government units limited rights in kind.

3. Property may be the subject of a conversion between the State Treasury and the local government units and between these entities, without the obligation to make payments for different values of the property.

4. the provision of paragraph 1. 3 shall also apply in the event of the conversion of the property on the right of perpetual usufruct or the right of perpetual usufruct ownership, as well as the conversion of perpetual rights carried out between the State Treasury and the local government units and between these entities.

5. The conclusion of agreements in the cases referred to in paragraph 1. 1 – 4, requires the prior consent of the Governor in respect of property owned by the State Treasury, with the exception of contracts concluded by the Minister responsible for the Treasury in respect of real property referred to in article 1. 57 paragraph 3. 1, and the property contained in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, or the consent of the appropriate Council or Regional Council in respect of property owned by local government units.

Article. 15. [Replacement property] 1. Real estate owned the State Treasury and the local government unit may be subject to conversion to real estate owned of natural persons or legal persons. In the case of unequal values of real estate shall be the refund, the amount of which is equal to the difference in value of the property.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the case of the conversion of the property on the right of perpetual usufruct or the right of perpetual usufruct ownership of real estate, as well as the mutual conversion of perpetual rights.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis to the conversion of shares in the ownership or in shared use or usufruct of real estate.

Article. 16. [renunciation of ownership or perpetual usufruct] 1. State or local government legal person may renounce ownership or perpetual usufruct of real estate respectively to the State Treasury or local government unit.

2. (repealed).

Article. 17. [the acquisition of ownership of real estate by State and local government agencies] 1. National organizational units not having a legal personality they acquire property-ownership, or in the use of a perpetual State, and local government agencies of not having a legal personality-on the ownership or use of perpetual appropriate unit of local government.

2. In the case of acquisition by the State entity the right perpetual usufruct established on real estate which is owned by the State Treasury, this right expires. This provision shall also apply in the case of acquisition by the self-governing entity perpetual use rights established on the land which is the property of the respective local government unit.

3. Organizational units referred to in paragraph 1. 1 and 2, to the acquired real estate asset management by law on the date of their acquisition.

Article. 18. [other forms of use of the immovable property] Property can be given to organizational units in a sustainable management, rental and leasing, and disposed of for purposes related to their activities.

Article. 19. [the agreement of the competent Government Authority Chief] 1. Sale of real estate, in the use of perpetual use, rental or lease, if they are located in the areas of: 1) mining areas-requires, in the absence of a plan, an agreement with the competent authority to grant concessions for the extraction of mineral resources;

2) national parks – requires agreement with the Director of the competent national park;

3) bordering the dedicated real estate in asset management for the purposes of defence and national security – requires the agreement of the competent in these matters of the authority of Government.

2. In relation to the property in the maritime areas of the coastal belt is required the agreement of the competent maritime authority territorially if: 1) sales, putting in use of perpetual use, rental or lease-in the area of technical belt;

2) sales or donation in perpetual use – for the belt.

3. In the event of a breach of the provisions of paragraph 1. 1 and 2, the parties to the contract are liable on general principles.



Chapter 2 Resources real estate Article. 20. [the creation of real estate resources] a: 1) a resource property of the State Treasury;

2) municipal property resources;

3) District real estate resources;

4) provincial real estate resources.

Article. 21. [resource real estate Treasury] to the resource property of the Treasury include real estate, which are the subject of the ownership of the State Treasury and are not cast in the perpetual use, and real estate subject to the usufruct of the Treasury.

Article. 21A. [Land not included in the composition of real estate resource] real estate resource in the Treasury, as referred to in article. 21, are not land covered with surface waters of, within the meaning of the law.

Article. 22. [a form of transfer of real estate under residential construction] 1. The real estate constituting the estate resource respectively of Treasury, State, or County, designed in local plans under the housing and on the implementation of the related technical infrastructure equipment construction, shall be, by way of donation, at its request, if there is this important interest of the municipality and if these objectives are not or cannot be implemented respectively by the State, province or County. The donation agreement specifies the target to which the property is donated. In the event that the real estate donation subject to appeal, subject to the provisions of paragraph 2. 2.2. A waiver of appeal donation follows with the consent of the Governor, respectively, of the Assembly or the Council of the County.

Article. 23. [powers of the spokesmen for the management of real property the Treasury] 1. Resource real estate Treasury are subject to art. 43 paragraph 1. 2 and 4, art. 51, art. 57 paragraph 3. 1, art. 58-60 and article. 60A, hidden, performing the tasks of Government, and in particular: 1) shall record the property in accordance with the real estate cadastre;

2) provide a valuation of the real estate;

3) shall draw up plans for the use of the resource;

4) protect property from damage or destruction;

5) carry out activities related to accruals for property shared with resource and recovery of these duties;

6) cooperate with other bodies which, under separate provisions are real estate of the State Treasury, as well as with the relevant units of local government;

7) sell and purchase, with the consent of the Governor, property included in the resource, subject to article 22. 17;

7A) wydzierżawiają, rent and lend property forming part of the resource, with the agreement of time longer than 3 years, or an indefinite period require the consent of the Governor; the consent of the Governor is required also in the case when a contract concluded for a fixed term for 3 years pages contain further agreement, whose subject is the same property;

8) take steps in court proceedings, in particular in matters relating to ownership or other rights in rem in immovable property, for payment of charges for the use of real estate, claims from the rental, lease or lending, for acquisition of inheritance, for acquisition of title to real estate by numb;

9) shall submit applications to set up a land register for the Treasury and for entry in the land register.

1a. The Governor shall draw up an annual report on the management of real estate resource and passes it the Palatine no later than 30 April of the year following the year to which the report relates.

1B. the obligation of accounting, referred to in paragraph 1. 1 paragraph 1 also applies to real estate Treasury cast in the perpetual use.

1 c. Check referred to in paragraph 1. 1 paragraph 1 shall include, in particular: 1) the designation of the property according to the land register and cadastre of real estate;

2) surfaces of real estate;

3) an indication of the evidence of formal rights to the property by the State, in the absence of a land register;

4) destiny real estate in the local plan, and in the absence of a plan – the study of the conditions and directions of the spatial planning of the municipality;

5) an indication of the date of the last update of the annual fee for perpetual usufruct of real estate of the State Treasury in the use of perpetual or the date of the last update of the annual fee for asset management of real estate of the State Treasury;

6) information about reported claims to real estate;

7) information about the ongoing administrative and judicial proceedings.


1 d resource use plans referred to in paragraph 1. 1, paragraph 3, shall be for a period of 3 years. The plans shall include, in particular: 1) a summary of the surface of the real estate resource and real estate Treasury cast in the perpetual use;

2) forecast: a) on the share of real estate resource and the purchase of real estate to the resource b) level of expenses associated with the launch of real estate resource and acquisition of real estate to a resource c) proceeds obtained from charges for the use of a perpetual property of the State Treasury in perpetual use and charges for the asset management of real estate of the State Treasury, d) update fee for perpetual real estate Treasury cast in the perpetual use and charges for the asset management of real estate of the State Treasury;

3) program development real estate resource.

2. the activities referred to in paragraph 1. 1 paragraphs 1-6, may be entrusted, property valuers or entities that employ these people. To identify individuals and entities referred to in the first sentence, on the basis of the Act of 29 January 2004 public procurement law (Journal of laws of 2010 # 113, item 759, as amended).

3. From the proceeds obtained from the sale of, charges for the sustainable management, use, rent and lease-real estate of the State Treasury, referred to in paragraph 1. 1, as well as from proceeds obtained from charges for the use of a perpetual property of the State Treasury in perpetual use, and from the interest for late lodgement of these duties shall be deducted 25% of the funds, which represent income of the County, within which are located the property.

Article. 24. [Communal resource property] 1. To a municipal resource properties include real estate, which are the subject of the ownership of the municipality and were not cast in the perpetual use, and real estate subject to the usufruct.

2. Development of municipalities and organised activities and, in particular, on the implementation of housing and related construction equipment technical infrastructure, as well as for the implementation of other public purposes can be used municipal real estate resources.

3. the basis for the creation of municipal real estate resources are studying conditions and directions of the zoning of municipalities shall be adopted on the basis of the provisions of the planning and land use planning.

Article. 25. [management of municipal real estate resource] 1. Municipal real estate resource manages Mayor, Mayor or President of the city.

2. the management of a resource is, in particular, on the implementation of the activities referred to in article 1. 23 paragraph 1. 1, and in addition, the preparation of studies, geodetic-legal and design, making divisions and merges and splits real estate, as well as equipping them, as far as possible, the necessary technical infrastructure.

3. the activities referred to in paragraph 1. 2, with the exception of the activities listed in article 1 (2). 23 paragraph 1. 1 paragraph 7 – 9, may be entrusted property valuers or entities that employ these people. To identify individuals and entities referred to in the first sentence, on the basis of the Act of 29 January 2004 public procurement law.

Article. 25A. [District real estate resource] To district resource properties include real estate, which are the subject of the ownership of the County and are not cast in the perpetual use, and real estate subject to the usufruct.

Article. 25B. [County real estate Resource Management] District real estate resource manages the Board. The provisions of article 4. 25 paragraph 2. 2 and 3 shall apply mutatis mutandis.

Article. 25 c [Provincial resource real estate] For provincial resource properties include real estate, which are the subject of the ownership of the State, and were not cast in the perpetual use, and real estate subject to the usufruct.

Article. 25 d [management of regional real estate resource] Regional real estate Board of managed resource. The provisions of article 4. 25 paragraph 2. 2 and 3 shall apply mutatis mutandis.

Article. 26. [Setting the boundaries of the property] 1. The boundaries between real estate acquired ownership of the State Treasury or the ownership of the local government unit shall be adopted according to the existing State of the law, and if such a State cannot be concluded, as exposed in the cadastre of real estate.

2. In the event of a dispute as to the course of border line referred to in paragraph 1. 1, shall not prevent the activities related to the acquisition of real estate, which does not exclude claims between property owners, whose boundaries were determined in the manner referred to in paragraph 1. 1. Chapter 3, Sale and putting in use of perpetual Article. 27. [a form of sale or real estate in the use of perpetual] property sale or putting in the perpetual use of land requires the conclusion of an agreement in the form of a notarial deed. Putting land in perpetual use and transfer such rights by contract requires an entry in the land register.

Article. 28. [the tender or the way bezprzetargowa] 1. Sale of real property or putting in use of perpetual land followed by tender or by bezprzetargowej, pursuant to the provisions of Chapter 4 of this chapter.

2. conditions for disposing of the property by way of tender, the headlines in the notice of invitation to tender. The conditions for disposing of the property by way of bezprzetargowej shall be determined in the negotiations carried out with the buyer.

3. Protocol of the carried out tender and the minutes of the negotiations on the sale by way of bezprzetargowej form the basis for the conclusion of a contract.

Article. 29. [certain provisions of the agreement] 1. In the contract for putting land in use of perpetual usufruct period shall be set depending on the purpose for which the property ground is reflected in the use of perpetual, and how to use the property, according to the article. 236. 239 of the civil code.

2. If the subject of a contract of putting land in use of perpetual property is entered in the register of monuments, in determining how to use this property, you can apply, if necessary, to the buyer the obligation to rebuild or renovate on the historic buildings within the period specified in the contract.

Article. 30. [the provisions of the agreement subject to disclosure in the land register] the provisions of the agreement about putting land in use of perpetual about how to use this property subject to disclosure in the land register.

Article. 31. [putting in use of perpetual land area] putting in use of perpetual land area from the simultaneous sale located on this property of buildings and other facilities.

Article. 32. [entity entitled to acquire real estate donated in the use of perpetual] 1. Property of soil in the use of perpetual can be sold only to a user wieczystemu, subject to the provisions of paragraph 2. 1a. 3.1a. Property of soil which is the ownership of the State Treasury may be sold to a user wieczystemu with the consent of the Governor. The consent of the Governor does not require a sale to you a perpetual property, referred to in article 1. 51 paragraph 1. 2 and art. 57 paragraph 3. 1.2. From the date of conclusion of the contract of sale the property shall be extinguished by operation of law, previously established right of perpetual usufruct. Provision of art. 241 of the Civil Code shall not apply.

3. In respect of the land donated in the use of perpetual transfer of ownership of that property, by contract, between the State Treasury and the local government and between local government units may occur upon notice to the user perpetual.

Article. 33. [termination of usufruct] 1. The use of perpetual expires with the expiry of the period laid down in the agreement or by the termination of the contract before the expiry of that period.

2. In the event of expiry of the usufruct as a result of the expiry of the period laid down in the agreement or as a result of the termination of the contract before the expiry of that period, you shall be entitled to compensation for wieczystemu built or acquired ownership of the buildings and other devices. Compensation should be equal to the value of these buildings and units specified on the day of the expiration of the usufruct. For buildings and other installations erected contrary to provisions of the agreement shall not be entitled to remuneration.

3. the competent authority may request termination of the contract before the expiration of the usufruct established period pursuant to article 18. 240 of the civil code, if the user perpetual uses the property in a manner inconsistent with the established in the contract, in particular if there was built on it in time.

3A. in the event of termination of usufruct before the expiry of the period laid down in the agreement returns to the sum of the annual fees paid on that basis for the unused period of the usufruct. Fees are subject to adjustment. The maximum amount to be recovered may not exceed the value of the right of perpetual usufruct is specified on the day of termination of the contract.


4. the provisions of paragraphs 1 and 2. 1-3a shall apply mutatis mutandis to the perpetual usufruct acquired otherwise than by way of an agreement in the form of a notarial deed.

Article. 34. [priority in the acquisition of real estate] 1. In the case of disposal of real estate natural and legal persons of the priority in their acquisition, subject to article 22. 216a, the person who meets one of the following conditions: 1) are entitled to her claim for acquisition of property under this Act or the rules, if the request for acquisition before the expiry of the period specified in the list referred to in article 1. 35 paragraph 1. 1; time limit for making the application shall not be less than 6 weeks from the date of display list;

2) is the previous owner of the transferred property without ownership of that property before 5 December 1990, or his heir, if the request for acquisition before the expiry of the period specified in the list referred to in article 1. 35 paragraph 1. 1; time limit for making the application shall not be less than 6 weeks from the date of display list;

3) is the tenant of a dwelling, and the lease was contacted for an indefinite period.

2. In the case of overlapping of rights to priority in the acquisition of the order set out in paragraphs 2 to be applied. 1.3. Disposal of property may not take place if the administrative proceedings concerning the correctness of the acquisition of immovable property by the State Treasury or local government unit.

4. persons referred to in paragraph 1. 1, paragraph 3, shall be notified in writing about the purpose of the property to dispose of and about their priority in the acquisition of the property, subject to the lodging of applications for acquisition within the period specified in the notice. This time limit shall be not less than 21 days from the date of receipt of the notification. When serving of notices shall apply the provisions of the code of administrative procedure.

5. the persons referred to in paragraph 1. 1 and paragraph 2. 6, use of the priority in the acquisition of real estate, if you make a statement that they agree to the price determined in the manner prescribed in the Act.

6. The Governor with respect to real property owned by the State Treasury, and the corresponding Council or the Regional Council in relation to the property owned by units of local government may grant, respectively, by Ordinance or resolution, priority in the acquisition of the premises of their tenants or tenants, excluding real estate, referred to in article 1. 57 paragraph 3. 1, art. 60 paragraph 1. 1 and art. 60A paragraph 1. 1.6a. The provision of paragraph 1. 6 shall apply to residential or commercial, which is entirely the subject of the lease or the lease.

6B. For the implementation of priority referred to in paragraph 1. 1, point 3, paragraph 1. 6 or paragraph. 6a, to be sold should be the property together with land necessary for the rational use of the building.

7. Disposal of property built home wielolokalowym to other persons than those mentioned in paragraph 1. 1 paragraphs 1 and 2 may not be without precedence in the acquisition of dwellings of tenants of these premises.

8. The provisions of paragraphs 2 and 3. 1 and 7 shall not apply if the disposal occurs between the State Treasury and the local government unit or between these entities for the implementation of the objectives of the public.

Article. 35. [the list of property for sale or any other form of transfer] 1. The competent authority shall draw up and make public a list of real estate for sale, to donate the use of perpetual use, rental or lease. This list needs for a period of 21 days at the premises of the competent Office, and about wywieszeniu this list shall be available to the public through advertisement in the local press and the otherwise customary in the locality, as well as on the websites of the competent Office.

1a. the competent Minister of the Treasury in respect of real property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, shall draw up and make public a list of real estate for sale, to donate in the use, rental or lease. The competent Minister of the Treasury shall include a list of the websites of the public information Bulletin for a period of 21 days, and about posting this list is given to the public through advertisement in the local press coverage that covers at least the County in which the property is situated.

1B. the obligation referred to in paragraph 1. 1 and 1a, does not apply to donate real estate rental or lease for a fixed term up to 3 months. The list shall be drawn up and shall make public, if after the contract concluded for a fixed term up to 3 months pages contain another agreement, involving the same property.

2. In the list referred to in paragraph 1. 1 and 1a shall be, respectively: 1) the designation of the property according to the land register and cadastre of real estate;

2) area of real estate;

3) description of the property;

4) destiny real estate and land use;

5) real estate development;

6) the cost of the property;

7) the amount of the percentage fee for the usufruct;

8) the amount of the charges for the use, rental, or lease;

9) fees to be paid;

10) update policy charges;

11) information about the purpose of the sale, to donate the use of perpetual use, rental or lease;

12) the time limit for the submission of an application by a person entitled to priority in the acquisition of property on the basis of article. 34 para. 1 paragraph 1 and paragraph 2.

3. The establishment of separate property in the homes of wielolokalowych, forming part of the estate, on the principles set out in the Act of 24 June 1994 on ownership of premises (Journal of laws of 2000, no. 80, item 903 and 2004 # 141, item 1492).

4. (repealed).

Article. 36. [responsibility for violation of the provisions of the Act] in cases of violation by the competent authority or the Minister responsible for the Treasury in respect of real property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, the provisions of article 4. 34 para. 1 – 5 and 7 the State Treasury or local government unit are responsible for general terms.



Chapter 4 tenders for disposal of property Article. 37. [Tender and way bezprzetargowa] 1. Subject to paragraph 2. 2 and 3, the property is sold or donated for use in by tender.

2. The property is sold by bezprzetargowej, if: 1) is sold to the person entitled to priority in its acquisition, pursuant to art. 34;

2) divestment follows between the State Treasury and the local government and between these entities;

3) is sold to persons referred to in article 1. 68 para. 1 point 2;

4) disposal takes place by way of conversion or donations;

5) sale of real estate is to its user a perpetual;

6) to be sold is the property or part of it, if they can improve the management of adjacent property, ownership or perpetual use of donated to a person who intends to this property or its part of the purchase, if they cannot be treated as separate property;

7) is intended to be non-monetary contribution (contribution) to the company or the newly created State, or local Government of a legal person, or property that you are creating the Foundation;

8) is sold for managing special economic zone, which is located;

9) to be sold is involved in real estate, and the disposal is for the other co-owners of immovable property;

10) is sold to churches and religious societies, which dealt with relations with the State, for the purposes of religious activities;

11) is sold to the private partner or company referred to in article 1. 14 paragraph 1. 1 of the law of 19 December 2008 on the public-private partnership, if the sale is to contribute her own public entity, and the choice of private partner came in as provided for in art. 4 paragraph 1. 1 or 2 set up act;

12) is sold on behalf of the entities referred to in article 1. 61 paragraph 1. 1;

13) is sold on the special-purpose company created on the basis of the provisions of the Act of 7 September 2007 on the preparation of the final tournament of the European Football Championships UEFA EURO 2012 (OJ 2010 # 26, item 133) or the competent bodies referred to in article 1. 17 paragraph 1. 2 of this Act, implementing the project of Euro 2012, in order to implement it, in a situation when its acquisition by the State Treasury or local government unit occurred in the provisions of the Act of 7 September 2007 on the preparation of the final tournament of the European Football Championships UEFA EURO 2012;

14) is sold to the investor pursuing the investment for the construction of the object of nuclear energy in accordance with the provisions of the Act of 29 June 2011 on the preparation and implementation of investment in the nuclear objects and supporting investment (OJ No 135, item. 789).


3. Governor-in relation to the property owned by the State Treasury, and the corresponding Council or the Regional Council, in relation to property owned by units of local government, respectively, by Ordinance or resolution, may exempt from the obligation to dispose of by way of tender real estate under residential construction or implementation devices technical infrastructure or other public purposes, if these objectives will be implemented by the entities for which these are the statutory objectives and whose income is spent entirely on the activities of the Office. This provision shall also apply if the sale of real estate is to the person who rents the property on the basis of an agreement concluded for at least 10 years, if the property has been built up on the basis of a residence permit to build. This provision shall not apply in the case of the acquisition of immovable property applies for more than one entity that meets the above conditions.

4. conclusion of the contract for use, rental or lease of time longer than 3 years or for an indefinite period is followed by tender. The Governor or appropriate Council or Regional Council may agree to derogate from the obligation of tendering mode conclusion of these agreements.

4A. [2] the agreement of use, rental or lease of time longer than 3 years or for an indefinite period shall be by way of bezprzetargowej, if you, the tenant or tenant of real estate is a public benefit organization or user of the property is a garden Association within the meaning of the Act of 13 December 2013 family vegetable gardens (OJ of 2014.40).

5. the competent Minister of the Treasury may withdraw from the tendering obligation mode, the conclusion of the agreements referred to in paragraph 1. 3 and 4, in respect of the property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, without the need for appropriate waiver or consent by the voivode.

Article. 38. [to carry out the tender] 1. The invitation to tender shall announce, organizes and the competent authority shall be carried out or the competent minister of the Treasury in respect of real property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1.

2. the notice of invitation to tender shall be made available to the public not earlier than after the expiry of the periods referred to in article 1. 34 para. 1 paragraphs 1 and 2 and paragraphs 1 and 2. 4. in the notice of invitation to tender shall be the information contained in the list and the time, place and terms of the tender, and if you notice the next tender or negotiation, also dates to carry out previous tenders. Notice of invitation to tender placed at the headquarters of the competent Office, and also about the announcement of the invitation to tender shall be made public, as is customary in the locality, as well as on the websites of the competent Office.

3. Before the announcement of the tender shall be considered applications of persons entitled to acquire real estate in the way bezprzetargowej. In the case of a positive examination of the application, information about the property, which the request relates does not misrepresent in the notice of invitation to tender.

4. the competent authority or the competent minister of the Treasury in respect of real property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, may appeal announced the tender only for important reasons, immediately giving information about the cancellation of the tender to the public, as specified in paragraph 2. 2. information shall be also the reason for revoking the invitation to tender.

Article. 39. [the consequences of negative tender] 1. If the first bid ended with a negative result, during a period of not less than 30 days but not more than 6 months from the date of its closure, the second invitation to tender in which the competent authority or the competent minister of the Treasury, in respect of real property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, may lower starting price real estate listings with the announcement of the first tender, pursuant to art. 67 paragraph 1. 2 paragraph 2.

2. If the second invitation to tender ended with a negative result, the competent authority or the competent minister of the Treasury in respect of real property referred to in article 1. 57 paragraph 3. 1, and to the property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, during a period of not less than 30 days but not more than 6 months from the date of its closure, you may dispose of the property by negotiation or organize subsequent tenders. In determining the terms of subsequent invitations to apply the rules in organizing the second invitation to tender.

3. in the case of the behavior of the time limits referred to in paragraph 1. 1 and 2, the competent authority is not required to restart for the list property for sale or for use.

Article. 40. [Forms of tender] 1. The invitation to tender shall be carried out in the form of: 1) tender oral unlimited;

2) tender oral limited;

3) tender written unlimited;

4) tender a written limited.

2. the invitation to tender oral is to obtain the highest price. The written invitation to tender is to select the best offer.

2A. the restricted invitation to tender shall be organised if the tender conditions can be met only by a limited number of people.

3. the form of tender decides its Organizer.

4. the invitation to tender shall be deemed concluded a negative result, if no one signed up for tender or none of the participants do not offer to proceed over a starting price or if the tender was not writing or offer or no attendees offered a higher price from the call, and if the Evaluation Committee concluded that neither offer does not comply with the tender conditions.

5. the tenderer may, within 7 days from the date of announcement of tender or delivery of the notice of the result of the tender a written challenge the activities related to the carrying out of tender to the Governor, if the invitation to tender relates to real estate of the State Treasury, or to the executive body the local government unit, if the invitation to tender relates to real estate owned by the entity. If the invitation to tender relates to real property, referred to in article 1. 57 paragraph 3. 1, and the property contained in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, the tenderer may challenge the activities related to the carrying out of tender to the Minister responsible for the Treasury.

Article. 41. [Responsibilities tendering] 1. The tendering authority is obliged to notify the person down as a buyer of real estate on the place and date of conclusion of the contract of sale or donate the use of perpetual real estate, at the latest within 21 days from the date of allotment. The prescribed period may not be less than 7 days from the date of service of the notification.

2. If a person is determined as a buyer of real estate does not proceed without excuse for the conclusion of the agreement in place and within a time specified in the notice referred to in paragraph 1. 1, the organizer of the tender may withdraw from the contract and paid deposits are non-refundable. The notice shall contain the information about the permission.

Article. 42. [Delegation] 1. The Council of Ministers shall determine, by regulation, the manner and methods of tendering for disposal of property owned by the State Treasury or local government units, and conducting negotiations after the second tender, taking into account the need to ensure transparency and uniformity of procedure, equal access to participate in the tender, obtain the most advantageous tender.

2. In adopting the regulation referred to in paragraph 1. 1, the Council of Ministers shall determine: 1) the amount of the security and the terms and forms of his lodge and return;

2), the time limits and the content of the invitation to tender;

3) mode of appointment, composition and method of operation of the Committee and competent authorities for the appointment of this Commission;

4) preparation and the content of the Protocol, which was carried out to tender;

5) procedure for appeal against the tender;

6) procedures when carrying out the different types of tendering procedures and the conditions for organizing a restricted tender;

7) procedures in carrying out the negotiations after the second invitation to tender.



Chapter 5 Getting the asset management Article. 43. [Form wielding the immovable property] 1. Asset management is a form of legal entity wielding real estate by organizational unit.

2. Organizational unit shall have the right, subject to the provisions of paragraph 2. 6, use of the property donated in asset management, and in particular to: 1) use of the property in order to carry out the activities belonging to the scope of its activities;

2) building, reconstruction, development, superstructure, conversion or renovation work on the property, in accordance with the provisions of the construction law, with the consent of the supervisory authority;


3) cast the immovable property or part thereof in the rental, lease or lending on time no longer than the time that has been set up asset management, while the notice of the competent authority and supervisory authority, if the contract is concluded for a fixed term for 3 years, or with the consent of those authorities, if the contract is concluded for a fixed term longer than 3 years or indefinite period of time, however, for a period of no longer than the time , which was established asset management; consent is also required if, after the agreement of time pages contain further agreement, whose subject is the same property.

3. The property referred to in article 1. 60A paragraph 1. 1, cast in durable Board Governmental Center of the legislation, the State Attorney General of the State Treasury, government departments, offices and regional offices, or parts of such property can be given in hiring, lease or lending with the consent of the Minister responsible for the Treasury.

4. Organizational Unit has the right to terminate, with the approval of the supervisory authority, each rental agreement, lease and lending right over immovable property or part thereof, devolving the property covered by the permanent Board, with three months ' notice.

4A. the consent referred to in paragraph 1. 2 paragraph 2 and 3 and in paragraph 2. 4, as well as in the article. 47 paragraph 1. 1 and art. 48 para. 1, is not required in the case of the Chancellery of the Sejm, Chancellery of the Senate, the Office of the President of the Republic of Poland, the Chancellery, the Constitutional Court, the Ombudsman, the Ombudsman on the rights of the child, the Supreme Court, the Supreme Administrative Court and other administrative courts, the Supreme Chamber of control, the National Council of radio broadcasting and television, the General Prosecutor's Office, the National Electoral Office, the Institute of National Remembrance-Commission for the prosecution of crimes against the Polish Nation and State labour inspection.

5. The property which are the subject of ownership or perpetual usufruct of the Treasury to the sustainable management of the State organizational unit, and the real estate constituting the subject of ownership or perpetual usufruct local government unit-the appropriate local government organizational unit, unless separate rules provide otherwise.

6. The Governor or appropriate Council or Regional Council may lay down, respectively, by Ordinance or resolution, the detailed arrangements for the use of the property by the organizational units.

Article. 44. [the establishment of a permanent Board of Directors] 1. Asset management is established for an indefinite period or a period of time.

2. a request for the establishment of a permanent Board of Directors occurs organizational unit.

Article. 45. [the decision to establish a permanent Board of Directors] 1. Asset management for organizational unit establishes the competent authority, by a decision, subject to article 22. 60 paragraph 1. 2 and art. 60A paragraph 1. 3.2. The decision to establish a permanent Board of directors should include: 1) the name and registered office of the organizational unit that is established asset management;

2) designation real estate according to the land register and cadastre of real estate;

3) surface and a description of the property;

4) destiny real estate and land use;

5) purpose for which the property was reflected in asset management;

6) real estate development;

7) the cost of the property and a fee for sustainable management;

8) ability to update fees for asset management;

9) the time for which the permanent Board was established.

2A. in the case of immovable property entered in the register of monuments, in the decision to establish a permanent Board of Directors can be applied, where necessary, the organizational unit required to rebuild or renovate on the historic buildings within the period specified in the decision.

3. placing real estate in asset management is based on the hand-over/receipt Protocol.

Article. 46. [termination of asset management] 1. Asset Management Board expires with the expiry of the period for which it was established, or as a result of the decision of the competent authority of its expiry.

2. the competent authority may of its own motion issue a decision on the expiry of the permanent Board in respect of the immovable property or part thereof, if it is found that: 1) the property is not managed in accordance with the decision on the establishment of sustainable management;

2) organizational unit does not informed the competent authority giving immovable property or part thereof in the rental, lease or użyczeniu or did not obtain consent referred to in article 1. 43 paragraph 1. 2, paragraph 3;

3) the property is used in accordance with its intended purpose specified in the decision referred to in article 1. 45;

4) how to use the property deteriorating state of the environment to the extent that life-threatening, health or property;

5) articles for real estate in the local plan has changed, which does not allow further use of immovable property or part thereof in the old way, and an organizational unit does not have the ability to change the way the use of immovable property;

6) the property has become redundant on the objective set out in the decision on the establishment of sustainable management.

3. Expiry of the permanent Board is equivalent to the termination of lease agreements, lease or lending with the behavior of the three-month notice period, if the property for which expired permanent Board was hired, leased, or użyczona.

4. the decision on the termination of the sustainable management of organizational units: 1) Department of national defence – requires the consent of the Governor, issued in consultation with the competent Minister for national defence;

2) Ministry of the Interior – requires the consent of the Governor, issued in consultation with the competent Minister of the Interior;

3) Ministry of justice – requires the consent of the Governor, issued in consultation with the competent Minister for Justice;

4) internal security agency or intelligence agencies – requires the consent of the Governor, issued in consultation as appropriate with the head of the internal security agency, or the head of the Intelligence Agency;

5) central anti-corruption Bureau – requires the consent of the Governor, issued in consultation with the head of the central anti-corruption Bureau.

Article. 47. [Proposal for a decision on the expiry of the permanent board] 1. Organizational unit that has sustained the Board may submit to the competent authority of the proposal for a decision of the Board to the entire immovable property or part thereof, if it became for her unnecessary. An application should be preceded by obtaining the consent of the supervisory entity.

2. the competent authority shall issue a decision on the termination of asset management board, on a proposal from the organizational unit after you have obtained the possibility of real estate development, within 18 months from the date of submission of the application referred to in paragraph 1. 1.3. In the cases referred to in paragraph 1. 1, shall not apply to the provision of article. 46 paragraph 1. 4. Article. 48. [the decision to delegate asset management] 1. The competent authority may decide, by a decision, to provide sustainable management between organizational units, at their request, made with the approval of the regulatory authorities of these units.

2. The decision referred to in paragraph 1. 1, decided on the termination of asset management, by organizational unit, and it has been established for organizational unit requesting the transfer. In these cases apply the recipe article. paragraph 45. 3.3. If the transfer of asset management by organizational unit is for the benefit of the units referred to in article 1. 60 paragraph 1. 1 or in article. 60A paragraph 1. 1, establish and expiry of the permanent Board shall rule the competent authority or the competent minister of the Treasury with regard to estate in asset management units listed in article 2. 60 paragraph 1. 1 or article. 60A paragraph 1. 1. Article. 49. [Consequences liquidation unit having asset management] 1. The liquidation of OU who has sustained the Board real estate results, subject to paragraph 2. 2, its expiry.

2. If the liquidation of an organizational unit is the organizational transformations, the competent authority or the competent minister of the Treasury in relation to real property included in the records referred to in article 1. 60A paragraph 1. 2, paragraph 1, rules on the expiry of the permanent Board of likwidowanej organizational unit or of the expiry of the permanent Board of likwidowanej organizational unit while the establishment of sustainable management for organizational units that were created as a result of these transformations, or for the benefit of the recipient units, task unit likwidowanej.

Article. 49A. [the correct application of the provisions of] the provisions of art. 43 – 49 shall apply mutatis mutandis in the case of: 1) cast in durable board participation in the ownership or use of the property in perpetuity for one or more organizational units;

2) cast in durable Board throughout the property of several organizational units in fractions, with the determination of the use of the property by the individual organizational units.

Article. 50. [the application of K.c.] Permanent Board of Directors in matters not regulated by this Act shall apply mutatis mutandis the provisions of the civil code to use.



Chapter 6 Uploading properties for specific purposes


Article. 51. [Equipment in real estate the State organizational units] 1. State the legal person and the national organizational unit, on the date of their creation, are equipped with real estate necessary for their activities by the Minister responsible for the Treasury, the authority of the Constitution or by the regulatory authority.

2. Equipment is to move to the State of the legal person of the property or putting its land in the use of perpetual or for putting the State organizational unit property in asset management.

3. The equipment referred to in paragraph 1. 1, shall be the property of the resource property of the State Treasury.

4. when equipping the State legal persons transferring ownership of real estate is free of charge and does not charge the first perpetual usufruct fees.

Article. 52. [an indication of real estate destined for the equipment of State organizational units] at the request of the Minister responsible for the Treasury, the founding body or supervisory starosta, performs a task with a range of Government, indicates a property that may be intended to equip the State legal person or State organizational unit.

Article. 53. [decision on a property] 1. The competent Minister of the Treasury or the founding authority in the Act for the formation of the State of the legal person shall make a tracker that person in real estate, referred to in article 1. 52.2. The competent Minister of the Treasury or the incorporation, by the findings in the Act of creating a State legal person, carries on a State legal person property real estate or puts the person in land use in the way of an agreement in the form of a notarial deed.

Article. 54. [Equipment in the property and putting her in the asset management] 1. The regulatory authority in the Act for the formation of the State organizational unit shall be equipped with this unit in the property referred to in article 1. 52.2. Starosta, performing a task with a range of Government by the findings in the Act establishing the State organizational unit, this unit offers real estate in asset management by means of a decision.

Article. 55. [exclusion of application of certain provisions] if the State legal persons or the State organizational units are created by dividing the existing legal persons or organizational units shall not apply the provisions of article 4. 52 if the equipment applies to property to which the rights belong to people or end entities that split.

Article. 56. [the correct application of certain provisions] when creating or appointing local people or local government organizational units shall apply mutatis mutandis the provisions of art. 51 and article. 53-55, except that for those persons and entities in the executive body of the municipality, County or province real estate allocated respectively from a municipal, County or regional real estate resource.

Article. 57. [property remaining after the liquidation or privatisation of State legal person] 1. The right to property, which remained after the vis or services state legal person, by operation of law to the Exchequer respectively from the date of liquidation or the date of the completion of the privatization.

2. How the management of the property are resolved by the competent minister of the Treasury, unless separate rules provide otherwise.

3. If the competent minister of the Treasury or any other authority authorized under separate provisions not zagospodarował real estate, referred to in paragraph 1. 1, forward them to protokolarnie to the resource property of the State Treasury.

4. in the event of the liquidation or privatisation of municipal legal person shall apply mutatis mutandis to paragraph 1. 1-3, except that the property, which has not been developed, the executive body of the local government unit turns on protokolarnie up to a municipal, County or regional real estate resource.

5. Real estate owned Treasury, for which sustainable management has expired due to the liquidation of an organizational unit, subject to the provision of art. 49 paragraphs 1 and 2. 2, the regulatory authority shall transmit to the protokolarnie to the resource property of the State Treasury, and if real estate are owned by the local government units, the supervisory authority enables them to protokolarnie to the resource property of a suitable local government unit.

Article. 58. [property as a contribution to the company] 1. Real estate owned Treasury can be brought as a non-monetary contribution (contribution) to the company by the Minister responsible for the Treasury, by means of an agreement in the form of a notarial deed.

2. in the case of transfers of real property as a non-monetary contribution (contribution) to the company, shall apply mutatis mutandis provision art. 52. Article. 59. [some Foundation] 1. The competent Minister of the Treasury can equip Foundation or make a donation real estate from a resource Treasury for the benefit of the Foundation and the public benefit organisation established, referred to in article 1. 68 para. 1, paragraph 2, of its statutory objectives.

2. in the case of non-use of the property for the purpose for which the property was given, the donation references or the competent minister of the Treasury can give consent to the disposal of property. The provisions of article 4. 5b and 5 c of the Act of 8 August 1996 on the rules for implementing powers granted to the Treasury (Journal of laws No. 106, item 493, as amended) shall apply mutatis mutandis.

3. Legal action yesterday by the Foundation or non-profit organization in violation of the provisions of paragraph 1. 2 is void.

4. in the cases referred to in paragraph 1. 1, shall apply mutatis mutandis the provisions of article 4. 51 paragraph 1. 2 and 4, and article. 52.5. The agricultural property agency, the military property Agency and Military Housing Agency may, under the conditions laid down in paragraph 1. 1, equip the Foundation or make on its behalf or on behalf of public benefit organization donations of real estate, which carry ownership of the State Treasury, after prior agreement with the competent Minister for the Treasury. In the event that the real estate donation references. The provisions of paragraph 1. 2-4 shall apply, except that the consent referred to in paragraph 1. 2, expresses, after prior agreement with the competent Minister for the Treasury, respectively the agricultural property agency, the military property Agency, military housing agency.

Article. 60. [Powers of the Minister in respect of certain property of the Treasury] 1. Property forming part of the real estate resource Treasury intended for statutory Office of the Sejm, Chancellery of the Senate, the Office of the President of the Republic of Poland, of the Constitutional Court, the Ombudsman, the Ombudsman on the rights of the child, the Supreme Court, the Supreme Administrative Court and other administrative courts, the Supreme Chamber of control, the National Council of radio broadcasting and television, the General Prosecutor's Office, the National Electoral Office, the Institute of National Remembrance-Commission for the prosecution of crimes against the Polish Nation and State Labour Inspectorate manages the competent minister of the Treasury in the manner specified in paragraph 1. 2, 3 and 4.

1a. By the needs of the offices referred to in paragraph 1. 1, should be understood as necessary for carrying out the tasks and purposes of the statutory purposes of the cells, in particular of the boards, departments and offices, as specified in the statutes or the rules of the organizational units mentioned in paragraph 1. 1.2. The competent Minister of the Treasury offers free of charge, by a decision, legal bodies referred to in paragraph 1. 1, in the sustainable management of property constituting the resource property of the Treasury, after the acquisition of the necessary documentation from the Starosta, executing the task from the scope of the Government.

2A. the organizational units referred to in paragraph 1. 1 by asset management real estate: 1) steps of fact and law related to the maintenance of the property;

2) shall cooperate with the competent Minister for the Treasury and with other bodies which, under separate provisions are real estate of the State Treasury, as well as with the relevant units of local government;

3) take steps in judicial and administrative procedures, in particular in matters of: ownership or other rights in rem in immovable property, from the ratio of rental, lease or lending, for acquisition of title to real estate by acquisitive prescription, on the distribution of real estate.

3. If the cast in real estate asset management to organizational units referred to in paragraph 1. 1, have become them unnecessary, the competent minister of the Treasury, subject to the decision of the Management Board, forward them to the people who helped, executing the task from the scope of the Government. The provisions of article 4. 46 and 47 shall apply mutatis mutandis.

4. in the event of liquidation or conversion of units referred to in paragraph 1. 1, the competent minister of the Treasury shall, within 6 months after the end of the liquidation or transformation, about how real estate development in the permanent Board of these units. After the expiry of that undeveloped real estate passes to the starost, executing the task from the scope of the Government.


Article. 60A. [real estate Resource Management the Treasury] 1. Property forming part of the real estate resource Treasury for: 1) necessary the Chancellery, Government Center legislation, the State Attorney General of the State Treasury, ministries, Central and provincial authorities, 2) needs of General Directorate for national roads and motorways, with the exception of areas – manages the competent minister of the Treasury, subject to article 22. 43 paragraph 1. 2 and 4.

2. within the framework of the management of the competent minister of the Treasury: 1), in accordance with the real estate cadastre, register of immovable property intended for organizational units mentioned in paragraph 1. 1;

2), in accordance with the principles of sound economic policy planning in the field of acquisition or takeover from the Starosta, executing a task with a range of government departments, real estate for the organizational units mentioned in paragraph 1. 1 and the sale or transfer to the starost, executing a task with a range of Government, real estate, unnecessary for the organizational units mentioned in paragraph 1. 1;

3) provides a valuation of real estate;

4) shall draw up a plan for the use of real estate – art. 23 paragraph 1. 1 d shall apply mutatis mutandis;

5) carries out activities of fact and law related to the maintenance of the real estate nieoddanych in asset management;

6) works with the competent authority, and with other bodies which, under separate provisions are real estate of the State Treasury, as well as with the relevant units of local government;

7) sells and leases, leases, rents, or delegates to the starost, executing a task with a range of Government, real estate, if it became unnecessary for organizational units mentioned in paragraph 1. 1;

8) acquires ownership of or use the perpetual real estate for the organizational units mentioned in paragraph 1. 1, subject to article 22. 17;

9) shall replace property rights, conversion of property rights on the right to perpetual usufruct or the right of perpetual usufruct ownership, as well as convert perpetual usufruct rights, in relation to the property in his records, between the State Treasury and the local government units, for the organizational units mentioned in paragraph 1. 1;

10) take steps in judicial and administrative procedures, in particular in matters relating to ownership or other rights in rem in immovable property, for acquisition of title to real estate by acquisitive prescription, on the distribution of real estate, as well as the matters with respect to lease, lease, or lending, in respect of the real estate nieoddanych in asset management;

11) consists of proposals to set up a land register for the Treasury and for entry in the land register;

12) establishes a limited rights in rem in respect of real property referred to in paragraph 1. 1;

13) establishes a charge lasting the Board as specified in paragraph 2. 3-6.

3. the competent Minister of the Treasury offers free of charge, by a decision, legal bodies referred to in paragraph 1. 1, in the sustainable management of immovable property, referred to in paragraph 1. 1.4. The competent Minister of the Treasury may decide, by a decision, to provide sustainable management between organizational units referred to in paragraph 1. 1, at their request. The provisions of article 4. 48 shall apply mutatis mutandis.

5. The Governor performing the task with a range of Government, shall, together with documentation of real estate belonging to the State-owned real estate resource, necessary for the organizational units mentioned in paragraph 1. 1, the Minister competent for the State Treasury, at his request, within 2 months from the date of submission of the application.

6. If the cast in real estate asset management to organizational units referred to in paragraph 1. 1, have become them unnecessary, the competent minister of the Treasury, subject to the decision of the permanent Board shall decide how to real estate development. The provisions of article 4. 46 and 47 shall apply mutatis mutandis.

Article. 61. [transfer of real estate services of diplomatic] 1. Diplomatic missions or consular offices of foreign States and other delegations and institutions zrównanym with them in terms of privileges and immunities on the basis of laws, international agreements or international customs prevailing real estate Treasury can be, on the basis of reciprocity, disposed of or put in use, lease or rental.

2. agreements with the entities referred to in paragraph 1. 1, contains the competent minister of the Treasury. The Minister may grant the rebates referred to in article 8. 68 para. 1 paragraph 11, at the request of the Minister responsible for Foreign Affairs.

3. the local Government shall identify and transfer ownership of the property to the Treasury, if it is necessary for the purposes referred to in paragraph 1. 1. Contract transfer of property ownership of the State Treasury contains the unit starosta, performing the task from the scope of the Government, in consultation with the competent Minister for the Treasury.

4. In cases not covered in paragraph 1. 1-3 shall apply mutatis mutandis provision art. 60 paragraph 1. 3 and 4.



Section 7 determination of the manner and deadlines for management of land Art. 62. [content of agreement cast real estate in the use of perpetual] 1. In the contract for putting land in use shall be perpetual manner and term of its development, including the time limit, in accordance with the purpose for which the property was given to perpetual use of soil.

2. If the means of disposal of real estate is to her, is determined by the start date or end date.

3. Start of construction is believed to build the foundations for the completion of the building construction of the building in its raw state.

4. the time limit referred to in paragraph 1. 1, may be extended at the request of the user a perpetual, if it could not be met for reasons beyond the control of the user.

Article. 63. [effects of niezagospodarowania real estate within] 1. In the event of a real estate development deadlines referred to in article 1. 62, the competent authority may set a time limit.

2. In the case of the observance of the periods referred to in paragraph 1. 1, and in article 1. 62, can be established additional annual fees chargeable to the perpetual user, regardless of the perpetual usufruct fees, established pursuant to the provisions of Chapter 8 chapter II.

3. the amount of the additional annual fee referred to in paragraph 1. 2, is 10% of the value of the land specified in the day determine the fees for the first year, after expiration of the term of its development as established in the agreement or decision. For each following year fee shall be increased by a further 10% of that value.

4. The fee referred to in paragraph 1. 2, shall be determined by decision of the competent authority.

Article. 64. [to bring additional annual fees] 1. The obligation to additional annual fees from 1 January of the year following the expiration of terms real estate development laid down in the agreement or decision.

2. the fees for the year shall be filed within 31 March of each year.

Article. 65. [Off] 1. There is no additional annual fee if: 1) niewybudowania devices of technical infrastructure in the area in which the property is located in the soil, if the construction of these devices was required by the competent authority, and the lack of it prevents the use of objects to which the building has been ordered you a perpetual on the basis of an agreement or decision;

2) submission to the competent authority the application for termination of putting land in use.

2. In the case referred to in paragraph 1. 1, point 2, shall apply the provisions of article 4. 33 para. 3 and 3a.

Article. 66. [the provisions of chapter] the provisions of this chapter shall apply mutatis mutandis to asset management.



Chapter 8 the prices, fees and billing for real estate Article. 67. [rules for determining the property prices] 1. The cost of the property shall be determined on the basis of its values.

1a. the price of the premises, as the subject of separate property, include it along with the associated, within the meaning of the Act on ownership of premises and the participation in the common property.

2. Upon the sale of the property by way of tender, the following rules shall apply to the fixing of prices: 1) starting price in the first invitation to tender shall be not less than the value of the property;

2) starting price in the second invitation to tender can be determined in the amount less than the value of the property, but not less than 50% of this value;

3) the cost of the property, which is obliged to pay the purchaser, shall be the price obtained as a result of the tender;

4) if the second invitation to tender ended with a negative result, the cost of the property is determined in negotiations with the buyer in the amount of not less than 40% of its value.

3. Upon the sale of the property by way of bezprzetargowej, referred to in article 1. 37 paragraph 2. 2 and 3, the cost of the property shall be not less than its value, subject to paragraph 2. 3A.


3A. If the property is sold by bezprzetargowej in order to implement the claims under this Act or rules, the cost of the property shall be equal to its value.

4. The provisions of paragraphs 2 and 3. 2-3a does not apply on the sale of real estate on behalf of the entities referred to in article 1. 61 paragraph 1. 1. Article. 68. [Rebates] 1. The competent authority may grant discounts from the prices determined in accordance with article 8. 67 paragraph 1. 3, on the basis of the Ordinance respectively the Governor or the resolution of the Council or of the Regional Council, if the property is sold: 1) for housing, for the implementation of infrastructure and other public purposes;

2) natural persons and legal entities that carry out charitable activities, caregiving, cultural, medical, educational, scientific, research and development, educational, sport or tourist board, for the purposes of non-gainful activity, as well as non-profit organizations for the purpose of the activities of public benefit;

3) [3], the garden associations within the meaning of the Act of 13 December 2013 family vegetable gardens for gardens and family;

4) to its owner or his heirs, if the property was taken from him before 5 December 1990;

5) to the Treasury or to government entities;

churches and religious unions) 6, which dealt with relations with the State, for the purposes of religious activities;

7) as a residential venue;

8) as a result of consideration of claims referred to in article 1. 209A paragraph. 1 and paragraph 2. 2;

9) housing cooperatives in connection with the establishment of separate property or premises with the transfer of ownership of premises or houses;

10) to a person referred to in art. 37 paragraph 2. 2, point 6, provided that the property contiguous is intended or used for housing;

11) entities referred to in article 1. 61 paragraph 1. 1.1a. In the case referred to in paragraph 1. 1 paragraph 7, the rebate includes the price of the premises, including the price of participation in the law of the ownership of land or, in the case of participation includes the right of perpetual usufruct, the first charge of this title. Discount granted on the price of the apartment includes all of the components in the same height.

1B. In the order of the Governor or Council resolution or Regional Council, referred to in paragraph 1. 1, specifies in particular the conditions for granting discounts and height percentages.

2. If the purchaser of the property sold property or used it for other purposes than the objectives justifying the grant of rebates, within 10 years, and, in the case of real estate which is the residential premises before the expiry of 5 years from the date of acquisition, is obliged to reimburse an amount equal to the discount granted when its valorisation. The return is at the request of the competent authority.

2A. The provisions of paragraph 1. 2 does not apply in the case of: 1) disposal on behalf of a loved one, subject to paragraph 2. 2B;

2) disposal between units of local government;

3) disposal between units of local government and the State Treasury;

4) replace the dwelling to another residential premises or property intended or used for housing;

5) sale of a dwelling, if the measures obtained from its sales intended to be within 12 months on the acquisition of another dwelling or property intended or used for housing.

2B. the provision of paragraph 1. 2 shall apply mutatis mutandis to a person close to that disposed of or used the property for purposes other than the objectives justifying the grant of rebates, within 10 years, and, in the case of real estate which is the residential premises before the expiry of 5 years from the date of original purchase.

2 c. the competent authority may derogate from the requests for reimbursement rebates granted in other cases than those referred to in paragraph 1. 2A, with the consent of the Governor, respectively, the Council or the Regional Council.

3. Fixed, in accordance with article 5. 67, the price of the immovable property or part thereof in the register of monuments shall be reduced by 50%. The competent authority may, with the consent of the Governor or Council respectively, or Regional Council, increase or reduce this discount.

3A. the consent referred to in paragraph 1. 2 c and 3, may relate to more than one property.

4. in the case of overlapping of rights to rebates of the titles referred to in paragraph 1. 1 and paragraph 2. 3, apply one discount better for the customer.

Article. 68A [Discount for the sale of immovable property] 1. The competent authority may grant the consent of the Governor or Council, respectively, or Regional Council, discounts from the price determined in accordance with article 8. 67 paragraph 1. 3, if the property is sold to the private partner or company referred to in article 1. 14 paragraph 1. 1 of the law of 19 December 2008 on the public-private partnership, if the sale is to contribute her own public entity.

2. Sale of real estate on the principles referred to in paragraph 1. 1 is subject to the right of repurchase. Exercise of the right of repurchase followed by no later than 6 months after the end of the duration of a public-private partnership agreement.

3. upon the exercise of the right to repurchase the private partner or company referred to in article 1. 14 paragraph 1. 1 of the law of 19 December 2008 on the public-private partnership, is obliged to move to public ownership of real estate by the return of price established in accordance with paragraph 1. 1 and after taking into account its valorisation.

4. buy-back law, referred to in paragraph 1. 2, shall not apply the provisions of article 4. 593 § 1 and article. 594 of the Act of 23 April 1964 – Civil Code (OJ No 16 item 93, as amended).

Article. 69. [the amounts credited towards the price of the property] against the price of the land sold it to you wieczystemu includes an amount equal to the value of the right of perpetual usufruct of the property specified by the day of the sale.

Article. 70. [payment] 1. The price of real estate sold by tender shall be paid not later than the conclusion of the agreement transferring ownership.

2. the price of real estate sold by bezprzetargowej or by negotiation, referred to in article 1. 37 paragraph 2. 2 and 3 and in article 3. 39 paragraph 1. 2, can be spread, for not more than 10 years. The debt of the State Treasury or local government unit in relation to the buyer of this title shall be subject to protection, in particular through the establishment of a mortgage. The first installment shall be due no later than the conclusion of the agreement transferring ownership of real estate, and the next installments along with the interest rate shall be paid within the time limits agreed by the parties in the agreement.

3. Spread on installment unpaid portion of prices is subject to the interest rate with interest rate equal to rate of rediscounting of bills of Exchange used by the Polish National Bank.

4. the Governor in relation to real property which is the subject of the ownership of the State Treasury, and the Council or the Regional Council in relation to the property which are, respectively, an object of property the municipality, County or State may consent to the use, other than that referred to in paragraph 1. 3, the interest rate.

Article. 71. [Fees for the use of perpetual] 1. For putting land in use of perpetual gets the first fee and annual fees.

2. the first charged for putting land in use in tender is subject to the payment of lump sum, no later than the conclusion of putting this property in use.

3. The first fee for putting land in use in the way bezprzetargowej can be broken down into interest-bearing parts. In these cases shall apply mutatis mutandis provision art. 70 paragraph 1. 2-4.

4. Annual fees shall be payable for the lifetime of a perpetual, no later than 31 March of each year, in advance for the year. The annual fee shall be levied for the year in which it was established right to perpetual usufruct. The competent authority shall, at the request of the user perpetual filed no later than 14 days before the expiry of the payment deadline, may fix a different date of payment, not exceeding the given calendar year.

5. First charge does not charge in the case of conversion referred to in article 1. 14 paragraph 1. 4 and art. 15 paragraph 1. 2.6. In the event of expiry of the perpetual annual fee for perpetual usufruct for the year in which the right has expired, shall be reduced in proportion to the duration of the usufruct in that year.

Article. 72. [interest rates] 1. Perpetual usufruct fees shall be determined according to the percentage on the price of the land, determined in accordance with art. 67.2. Interest rate the first perpetual usufruct fees range from 15% to 25% of the price of the land.

3. the amount of the percentage rates of annual fees for perpetual usufruct is dependent on the specified in the contract to which the property was given to soil, and are as follows: 1) for real estate placed on defence and security objectives of the State, including fire protection-0.3% of the price;

2) for land for the construction of sacred objects, along with the supporting buildings, rectory in parishes, Diocesan and religious, archives and museums of Diocesan seminaries, religious houses and the seats of the primates of the authorities churches and religious societies-0.3% of the price;

3) for real estate to charity and nonprofit activity: caregiving, cultural, medical, educational, educational, scientific or research and development-0.3% of the price;


3A) for real estate placed on agricultural targets-1% of the price;

4) for real estate placed on housing, on the implementation of the technical infrastructure devices and other public purposes and sport business-1% of the price;

4A) for real estate to tourism – 2% of the price;

5) for the remaining real estate-3% of the price.

Article. 73. [fixing of fees for use of perpetual] 1. If the property was given to perpetual use of soil for more than one purpose, the percentage of the annual fee shall be adopted for that purpose in the contract for putting in use of perpetual was specified as a base.

2. If after a land in the use of perpetual permanent change will be how to use the property, resulting in a change of purpose for which the property was given to, the percentage of the annual fee changes as appropriate for that purpose. When you make a change percentage rate shall apply the procedures referred to in article 1. 78-81.

2A. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis to participation in almost perpetual real estate, in the case of: 1) the establishment of a separate property, whose purpose is other than the purpose for which the property was given to the use of perpetual, or 2) changes the way you use.

3. the competent authority may grant discounts from the first charges and annual fees, based on the Governor's orders, respectively, or the resolution of the Council or of the Regional Council. In the order of the Governor or Council resolution or Regional Council specifies in particular the conditions for granting discounts and height percentages. These rebates can also be applied to the land in perpetual operation before 1 January 1998.

4. Determined in accordance with article 5. 72 para. 2 and 3, paragraph 5, perpetual usufruct fees shall be reduced by 50% if the property of land was entered in the register of historic monuments. The competent authority may, with the consent of the Governor or Council respectively, or Regional Council, increase or reduce this discount.

5. the amount of the initial charges and annual fees and granted discounts and a way to pay these fees shall be fixed in the contract.

6. the competent authority declares given a rebate if the person to whom the property was in the use of perpetual, before the expiry of 10 years from the date of the establishment of this law, has made its disposal or used the property for purposes other than the objectives justifying the grant of rebates. The termination shall apply mutatis mutandis to article. 78-81.

7. The provisions of paragraph 1. 6 shall not apply in the case of disposal: 1) for a person close to;

2) between local government units;

3) between local governments and the State Treasury.

Article. 74. [Rebates for low income achievers] 1. Natural persons whose monthly income per Member of the household does not exceed 50% of the average wage in the national economy in the year preceding the year for which the fee is to be paid, issued by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish", based on art. 20 (1) (a). and the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227 and 2010 # 40, 224), the competent authority shall on request 50% discount from annual fee for perpetual real estate, if the property is intended or used for housing.

2. the persons referred to in paragraph 1. 1, which have cooperative right to the premises, use the rebates in the form of reductions in the fees in respect of participation in the operating costs of buildings. The amount of relief should correspond to the discount from annual fee for perpetual usufruct land granted to the housing cooperative, in proportion to the surface area of the premises occupied by persons entitled to the rebates.

Article. 75. [rebates] in the case of overlapping of rights to rebates of the titles referred to in article 1. 73 paragraph 2. 3. 4 and art. 74 paragraph 1. 1 apply one discount better for the user a perpetual.

Article. 76. [Increase of fees, failure to collection] 1. Interest rate annual fee for real estate, referred to in article 1. 72 para. 3 paragraph 5, may be increased by the Governor in relation to real property owned by the State Treasury or resolution of the appropriate Council or the Regional Council in relation to the property owned by local government units. An increase in the percentage rate can only occur before putting land in use.

2. Annual fees collected from the users of land registry, who on the basis of the provisions of the law of 14 July 1961 on land economy in cities and settlements (OJ 1969 No. 22, item 159, 1972, no. 27, item 193 and 1974, no. 14, item 84) brought once payment of the annual fee for the entire period of usufruct. Users of vows, who brought an annual fees for a period shorter than the duration of the right of perpetual usufruct, shall pay annual fees after the expiry of that period.

Article. 77. [updated fees] 1. The annual fee for perpetual usufruct land, subject to the provisions of paragraph 2. 2 and 2a shall be subject to updates more often than not, once every 3 years, if the value of this property changes. An updated annual fee shall be determined, using the existing percentage of the value of the property specified on the day of the update fee.

2. If the value of the land on the day of the update, the annual fee would be lower than fixed by tender the price of this property on putting her in a perpetual use, updates are not made. In the case of real estate cast in the perpetual use for housing provision shall apply for a period of 5 years from the date of the conclusion of the dedication in use.

2A. in the case when the updated annual fee exceeds at least twice the height of existing annual fee, perpetual user contends that the annual fee in the amount corresponding to twice the current annual fee. The remaining amount more than twice the current (surplus) breaks down into two equal parts, to increase the annual fee in the next two years. The annual fee for the third year since the update is equal to the amount resulting from this update.

3. Update of the annual fee shall be made ex officio or at the request of the user a perpetual land, based on the value of land determined by the appraiser.

4. When updating the fee referred to in paragraph 1. 1, on account of the difference between the charge current and charge an updated include the value of the expenditure by the user perpetual real estate for the construction of the individual devices of technical infrastructure after the date of the last update.

5. Passing the value of the investment by the user perpetual real estate for the construction of the individual devices of the technological infrastructure is also in case when they are not included in the previously made updates.

6. the rules referred to in paragraph 1. 4 and 5, shall apply mutatis mutandis to the necessary inputs affecting characteristics of commercial and technical ground, incurred by the user a perpetual, unless their following has increased the value of the property.

Article. 78. [termination of the existing fee] 1. The competent authority wishing to update the annual fee for perpetual usufruct land should terminate in writing the amount of existing fees, to 31 December of the year preceding by sending at the same time offer the adoption of her new height. In the termination you must indicate the method of calculation of the new amount of the fee and instruct the user on how the perpetual challenge of notice. To terminate shall be accompanied by information on the value of the property referred to in article 1. 77 paragraph 1. 3, and the place where you can refer to the sampling frame estimated. To the service of the notice shall apply the provisions of the code of administrative procedure.

2. perpetual User may, within 30 days from the date of receipt of the notice, submit to the self-governing College appeal proper due to the location of the property, hereinafter referred to as "the College", the request to determine that the update fee is not justified, or is justified in a different height.

3. the application referred to in paragraph 1. 2, consists of a v to the competent authority. The burden of proof that there are conditions to update fees, shall lie with the competent authority.

4. The filing of the application referred to in paragraph 1. 2, does not exempt from the obligation to pay the fees in the amount. In the case of submission of the application, the competent authority and the user a perpetual valid new rates offered in the given. Provision of art. 79 paragraph 1. 5 shall apply mutatis mutandis.

Article. 79. [Application College] 1. Request to the College consists of in writing in duplicate. It is subject to stamp duty.

2. the College shall appoint without delay the term of the first hearing, serving at the same time to the competent authority a copy of the application.


3. the College should seek conciliation by way of settlement. If settlement does not occur, the College takes a decision rejecting the application or on a new charge. The decision of the College of appeal does not have.

4. in the case of the dismissal of the application fee is offered in accordance with article 5. 78 para. 1. the provision of paragraph 1. 5 shall apply mutatis mutandis.

5. Determined by a final judgment of the College or as a result of the conclusion of the College settlement new annual fee applies as from 1 January of the year following the year in which the formal declaration of the amount of existing fees.

6. At the request of the competent authority of the College shall be granted in the judgment of the reimbursement procedure and fiscal charges the user a perpetual, if many in the ruling request, referred to in paragraph 1. 1. If the College in its decision found the application well founded, shall be granted at the request of the user perpetual return of costs and fees from the competent authority.

7. proceedings before the College shall apply mutatis mutandis the provisions of the administrative procedure code to exclude the employee and authority, dealing with cases, deliveries, summonses, deadlines and the proceedings, with the exception of the provisions relating to appeals and complaints. The proceedings referred to above, also apply the provisions on fees and costs.

8. the provisions of paragraphs 1 and 2. 4 and 5 shall apply mutatis mutandis, if the matter was silent on final court decision or court settlement concluded in the wake of opposition.

9. the judgment or settlement, which the College gave the enforcement clause, shall be enforceable by way of judicial enforcement.

Article. 80. [the opposition against the decision of the College] 1. The decision of the competent authority or the college you perpetual can lodge an objection within 14 days from the date of delivery of the judgment. Opposition is synonymous with the request to transfer the case to an ordinary court competent for the place of location of the property.

2. the College shall provide the competent court of the case file, together with the opposition. The proposal referred to in article 1. 78 para. 2, is replaced by a lawsuit.

3. in the event of an objection within the time limit, the decision is repealed, even when the opposition applies only to the part of the judgment.

4. If an objection applies only to the costs of the proceedings, the provisions of paragraph 1. 3 does not apply to, (a) the competent court shall decide on the costs of the proceedings by an order on the session.

Article. 81. [update request annual fee] 1. Perpetual user may require the competent authority to update the annual fee for perpetual real estate if the value of the property has changed, and the competent authority has taken the update. Service requests should be made in writing to the 31 December of the year preceding the update of the annual fee. If the competent authority has refused to update the fees you may perpetual, within 30 days from the date of receipt of the refusal, refer the matter to the College. Where the competent authority has not considered the request within 30 days, the user perpetual may, within 90 days from the date of service of the request, refer the matter to the College. The provisions of article 4. 77-80 shall apply mutatis mutandis.

2. The burden of proof that there are conditions to update fees, is the responsibility of the user in perpetuity.

3. in the case of the dismissal of the application by the College fee so far.

4. a new annual fee, determined by the competent authority as a result of the request referred to in paragraph 1. 1, or as a result of a final judgment of the College or settlement concluded before College, effective as from 1 January of the year following the year in which the user has requested a perpetual updates.

5. the provisions of paragraphs 1 and 2. 3 and 4 shall apply mutatis mutandis, if the matter was silent on final court decision or court settlement concluded in the wake of opposition.

Article. 82. [annual fees for the property yours in asset management] 1. For the property devoted in asset management gets to annual fees.

2. Annual fees shall be paid for the entire period of asset management, by 31 March each year, in advance for the year. In the first year after the establishment of the permanent Board of Directors the annual fee shall be paid no later than 30 days from the date on which the decision about the return of real estate asset management has become final. The fee shall be determined in proportion to the remaining for use in a given year of sustainable management.

3. the competent authority may, at the request of the organizational unit composed not later than 14 days before the expiry of the period of payment of the annual fee, set a different date of payment of the fee, not exceeding the given calendar year.

Article. 83. [Rules for determining the amount of fees] 1. Fees for permanent Board of Directors shall be determined according to the percentage of the price of the property determined in accordance with article 8. 67 paragraph 1. 3.2. Height percentage annual fees for asset management is dependent on the purpose for which the property is put, and is: 1) for real estate placed on defence and security objectives of the State, including fire protection-0.1% of the price;

2) for real estate placed on housing, on the implementation of the technical infrastructure devices and other public purposes, charitable activities, caregiving, cultural, medical, educational, scientific, research and development, educational, sporting or tourism, as well as the headquarters of the authorities and public administration not listed in the article. 60 paragraph 1. 1, and in article 1. 60A paragraph 1. 1-0.3% of the price;

3) for other properties-1% of the price.

3. do not charge annual fees for real estate in asset management under public roads, parks, greenschist, botanical gardens, zoos and nature reserves.

Article. 84. [select percentage, changing the way the use of real estate, rebates] 1. If the property put in the permanent Board is used for more than one purpose, the percentage of the annual fee shall be adopted for this purpose, which in the decision to surrender in the permanent Board is specified as a base.

2. If after a real estate asset management will be permanent change in how to use the property, the percentage of the annual fee varies according to how you use. Change the percentage of the annual fee shall be made by way of a decision of the competent authority.

3. the competent authority may provide, with the consent of the Governor or Council respectively, or Regional Council, discount from annual fee laid down in accordance with the provision of art. 83 para. 2 If the property is put: 1) for housing, for the implementation of infrastructure and other public purposes;

2) organizational units that carry out charitable activities, caregiving, cultural, medical, educational, scientific, research and development, educational, sport or tourist board, for the purposes of non-gainful activities;

3) at the headquarters of public authorities and courts not listed in the article. 60 paragraph 1. 1 and prosecution;

4) at the headquarters of the detention centers, prisons and facilities for minors.

4. Determined in accordance with article 5. 83 para. 2 paragraph 3, fees for asset management shall be reduced by 50% if the property or its component have been entered in the register of historic monuments. The competent authority may, with the consent of the Governor or Council respectively, or Regional Council, increase or reduce this discount.

4A. In the case of overlapping of rights to rebates of the titles referred to in paragraph 1. 3. 4, apply one discount better for an organizational unit.

5. the amount of the annual fees and granted discounts and a way to pay these fees shall be fixed in the decision of the competent authority.

Article. 85. [annual fees for asset management] 1. Organizational unit with a durable board real estate, which gave the property or part of it in the rental or lease, may be deprived of exercising its rebates referred to in art. paragraph 84. 3 and 4, and may be required to pay annual fees in the amount of 1% of the price of real estate. The deprivation of the rebates and the revision of the annual fee is by decision of the competent authority.

2. If after a real estate asset management there has been a permanent change to the use of real estate, which is the basis of granted discounts, the competent authority shall deprive the rebates granted by decision.

Article. 86. [an increase in fees for asset management] interest Rate annual fee for asset management of real estate, referred to in article 1. 83 para. 2 paragraph 3 may be increased by the Governor in relation to real property owned by the State Treasury or resolution of the Council or the appropriate Regional Council in relation to the property owned by local government units. An increase in the percentage rate can only occur before the real estate asset management.

Article. 87. [updated fees for asset management] 1. The annual fee for asset management of real estate can be updated, no more than once a year, if the value of this property changes. An updated annual fee shall be determined according to the current percentage of the value of the property specified on the day of the update fee.

2. Update of the annual fee shall be made ex officio or at the request of the organizational unit that has property in the permanent Board, based on the value of the property specified by property expert.


3. Update of the annual fee shall be made by way of a decision of the competent authority. The new annual fee applies as from 1 January of the year following the year in which the decision became final.

4. when the update fee, on account of the difference between the charge current and charge an updated, include the value of the expenditure incurred by organizational unit, after the date of the last update, for the construction of the individual devices of technical infrastructure.

5. Passing the value of the expenditure incurred by organizational unit for the construction of the individual devices of the technological infrastructure is also in case when they are not included in the previously made updates.

6. the rules referred to in paragraph 1. 4 and 5, shall apply mutatis mutandis to the necessary inputs affecting characteristics of commercial and technical ground, incurred by organizational unit, as far as in their following has increased the value of the property.

Article. 88. [Buildings on the grounds of a devoted in asset management] 1. If the organizational unit suffered expenditure on the construction of buildings and other devices permanently connected with the ground, located on the property donated in asset management, the value of these inputs is not taken into account in the price of real estate that is the basis for determining the fees for asset management. This provision shall apply mutatis mutandis in the case of acquisition of buildings and other devices referred to in article mode. 17.2. The provision of paragraph 1. 1 shall apply mutatis mutandis in the case of construction, reconstruction, development, superstructure, conversion or repair industry of the work on the property, in accordance with the provisions of the construction law.

Article. 89. [the acquisition of asset management by law] in the event of the acquisition of asset management by law, payment of the annual fee shall be fixed by decision of the competent authority. This fee shall be levied for the year in which the acquisition of asset management.

Article. 90. [Settlement by end asset management] 1. When passing a permanent Board of Directors real estate by organizational unit at the request of another organizational unit shall they settle with the title on this property incurred on development, reconstruction, development, superstructure, reconstruction or overhaul of the work, in accordance with the provisions of the construction law. The way of settlement shall be determined by agreement between the organizational units.

2. In the event of expiry of the permanent Board of Directors as a result of the expiry of the period for which it was established, or of the decision on its expiry, the competent authority shall return the organizational unit an amount equal to the value of the investments referred to in paragraph 1. 1.3. If the expiry of the permanent Board of Directors came at the request of the organizational unit, the accounts referred to in paragraph 1. 1 shall not be made, and the organizational unit is exempt from the obligation of paying annual fees from the date of submission of the application. The charges paid to the date of submission of the application does not return.

4. the provision of article. 88 para. 1 shall apply mutatis mutandis, if the organizational unit, the prudential asset management, cleared from the incurred expenses, pursuant to paragraph 1. 1, to an organizational unit, at the request of which there has been a transfer of asset management.

Article. 91. [Delegation], the Council of Ministers shall determine, by regulation, types of property considered necessary for the purposes of defence and security of the State, having regard to their purpose, equipment and location.



SECTION III exercise, restriction or deprivation of rights to immovable property chapter 1 Breaks real estate Article. 92. [exclusion of application of the provisions of chapter] 1. The provisions of this chapter shall not apply to real estate in areas intended for local plans on agricultural and forestry purposes, and in the absence of a local plan for property used for agricultural and forestry purposes, unless an allocation would result in the need to spin off new ways non-necessary access roads to immovable property forming part of the farm or would result in the separation of plots of land smaller than 0.3000 ha.

2. real estate used for the purposes of agricultural and forest property shall be deemed to be established in the cadastre of real estate as agricultural or forest land and wooded and bushy, and also included in the fossil land agricultural land, wasteland and, if it has not been determined for these conditions and land use.

Article. 93. [the rules governing the distribution of property] 1. Division of real estate can be made, if it complies with the terms of the plan. In the absence of this plan shall apply the provisions of article 4. 94.2. Compliance with the terms of the plan in accordance with paragraph 1. 1 applies to both the destination site and management of separate plots of land.

2A. The Division of property in areas intended for local plans on agricultural and forestry purposes, and in the absence of local plan used for agricultural and forestry purposes, causing separation of the parcels of land smaller than 0.3000 ha, is admissible, provided that the land will be used for the enlargement of adjacent property or an adjustment of the boundaries between neighbouring real estate. In the decision approving the Division property specifies a deadline for the transfer of rights to separate plots of land, which may not be longer than 6 months from the date on which the decision approving the Division of real estate has become final. Provision shall not apply in the case of divisions real estate, referred to in article 1. 95.3. Division of real estate is not permissible, if designed to separate parcels of land do not have access to the public road; for access to the public road shall also be the separation of the internal road with the establishment on this by an easement for the separate plots of land or establish for these other easements, if it is not possible to separate the internal roads of the property covered by the Division. There shall be an easement on the road in the case of the sale of separate plots of land together with the sale of the participation in almost to the parcels of land giving way. Provision shall not apply in relation to the proposed to spin off plots of land forming part of the real property, referred to in article 1. 37 paragraph 2. 2, paragraph 6.

3A. The condition referred to in paragraph 1. 2A, on separate parcels of land smaller than 0.3000 ha, does not apply to parcels of land designed to extract under roads.

3B. If the subject matter of the Division of property is built, and proposed her Division also Division building, the boundaries of the proposed to spin off plots of land should proceed along the vertical planes which are created by the walls of the fire separation on the entire height of the building from Foundation to roof panels. In buildings where there are no walls separate the fire, the boundaries of the proposed to spin off plots of land should proceed along the vertical planes which are created by the wall on the entire height of the building from Foundation to roof panels, clearly dividing the building into two separately used parts.

4. The compatibility of the proposed distribution of the property to the findings of the local plan, with the exception of the divisions referred to in article 1. 95, issues opinions on the Mayor, the mayor or President of the city. In the case of the Division of real property located in an area for which there is no local plan, the opinion that the conditions referred to in article 1. 94 paragraph 1. 1.5. The opinion referred to in paragraph 1. 4, is expressed in the form of provisions, which shall be entitled to appeal.

6. (repealed).

Article. 94. [local Plan] 1. In the absence of local plan-if the property is situated in an area not covered by the obligation to draw up this plan – the Division of real estate can be made, if: 1) it is not contrary to the provisions of separate, or 2) is in compliance with the conditions laid down in the decision on zoning and land use.

2. If in the case referred to in paragraph 1. 1, application for Division has been made: 1) after the expiry of 6 months from the date of the resolution to produce a local plan, or 2) on the suit of the local plan project to the public – the procedure on the distribution of real estate shall be suspended until the enactment of the local plan, but no longer than for a period of 6 months from the date of filing of the application for partition. If during the period of suspension of the proceedings on the distribution of real estate local plan is not adopted, shall apply the provision of paragraph 1. 1.3. If it is not adopted local plan for areas covered under separate, the obligation to draw up such a plan, the investigation on the distribution of real estate shall be suspended until the adoption of this plan.

Article. 95. [the Division of property, regardless of the local plan] regardless of the findings of the local plan, and in the absence of a plan, regardless of the decision on zoning and land use, real estate Division may take place in order to:


1) abolition of joint ownership of property built at least two buildings, erected on the basis of a licence for the construction, if the Division has to rely on extracting for individual joint holders indicated in the joint proposal, the buildings along with parcels of land necessary for the proper use of these buildings;

2) separation of building land, if the House was built on this plot by spontaneous holder in good faith;

3) separation of the property, the ownership or use of perpetual were acquired by operation of law;

4) implementation of claims to parts of real estate, resulting from the provisions of this Act or of the separate;

5) implementation of the provisions relating to the privatisation or liquidation of State enterprises or local government;

6) separation of the property covered by the decision to establish the location of the public road;

6a) the separation of the property covered by the decision to establish the location of the railway line;

6B) the separation of the property covered by the decision to allow for the implementation of the investment in the airport public use within the meaning of the provisions of the Act of 12 February 2009 on specific principles of the preparation and implementation of investment in public airports;

6 c) separation of the property covered by the decision of the investments within the meaning of the provisions of the Act of 8 July 2010 with special conditions to prepare for the implementation of the investment in building flood.

7) separation building land necessary for the use of residential building;

8) separation of plots of land in areas closed.

Article. 96. [the legal form of the Division of property] 1. Division of real estate shall be made on the basis of the decision of the Mayor, the mayor or President of the city approving the Division.

1a. In relation to real property entered in the register of historic monuments the decision referred to in paragraph 1. 1, seems to be with the permission of the provincial conservator on the Division of this property.

1B. in the case of the separation of property, the ownership or use of perpetual were acquired by operation of law, or in the case of separation of part of the property for the return of expropriated real estate does not appear the decision referred to in paragraph 1. 1. The final decision on the acquisition of ownership or perpetual usufruct or the final decision on the return of expropriated real estate approves.

2. In the case of the Division of real estate Court, it does not appear the decision referred to in paragraph 1. 1, and the authorisation referred to in paragraph 1. 1a. If the Division of property is dependent on the findings of the local plan or, in the absence of a plan-the conditions referred to in article 1. 94 paragraph 1. 1 and 2, the Court shall seek the opinion of the Mayor (Mayor, Mayor of the city), (a) in respect of real property entered in the register of monuments also reviews the regional conservator. To those not apply article. 93 para. 5.3. The Division of the property in which the divestiture of its composition of plots of land, separately marked in the cadastre of real estate, it does not require a decision approving the Division.

4. the decision or the decision of the Court referred to in paragraph 1. 1 and 2, are the basis for making entries in the land register and cadastre of real estate.

Article. 97. [initiative of the Division of property] 1. Division of property shall be carried out at the request and expense of the person who has a legal interest.

1a. the application referred to in paragraph 1. 1, must be accompanied by the following documents: 1) stating that the title to real estate, in particular, the Declaration referred to in article 1. 116 paragraph 1. 2 paragraph 4;

2) extract from the cadastre of real estate and a copy of the cadastral maps covering the property being divided;

3) decision on zoning and land use, in the case referred to in article 1. 94 paragraph 1. 1 point 2;

3A) the authorization referred to in article 2. 96 paragraph 1. 1A, in the case of immovable property entered in the register of monuments;

4) preliminary draft of Division, with the exception of the divisions referred to in article 1. 95;

5) Protocol with the adoption of the boundaries of real estate;

6) list of changes to groundwater;

7) a list of the relevant synchronization, if the designation of the plots of land in the cadastre of real estate is different than in the land register;

8) map with the project of the Division.

1B. If the required opinion referred to in article 1. 93 para. 4 and 5, or getting a permit provincial conservator, referred to in article 1. 96 paragraph 1. 1A, the documents referred to in paragraph 1. 1A 5 to 8 shall be attached to the request for Division of property after a favourable opinion or permission. These documents are subject to acceptance to the State resource surveying and mapping.

2. If the property is the subject of the co-ownership or sharing a perpetual, a Division can be made at the request of all the joint owners or users. Provision of art. 199 of the Civil Code shall apply mutatis mutandis. This does not apply to the Division of the Court.

3. The Division of real estate can be made with the Office if: 1) it is necessary for public purposes;

2) the property is owned by the municipality and was not put in use.

4. In the cases referred to in article 1. 95 points 3 to 5, the Division of real estate can be made ex officio or at the request of, respectively, the executing task from the scope of the Government, the Board of Directors of the district, or the Board.

5. The Division of real estate which is owned by the State, County or province can be made with the Office, after consulting the Starosta, respectively, performing a task with a range of government departments, the Board of County or the Board.

6. The Division of real property, referred to in paragraph 1. 3, paragraph 1, can also be made at the expense of the person, or organizational unit, which will send the target public.

Article. 97A. [the Division of irregular legal status real estate] in the case of the making of the Office Division of irregular legal status property the following rules shall apply: 1) about its intention to regulate the Division of real estate Mayor, Mayor or President of the city gives to the public, as is customary in the village and on the websites of the municipal office, and by advertisement in the press coverage nationwide;

2) If, within 2 months from the date of the notice does not throw people who demonstrate that they are entitled to rights in rem in immovable property, you can initiate proceedings on the Division of property 3) after the expiration of the term referred to in paragraph 2, the Mayor, the mayor or President of the city may issue a decision approving the Division of real estate;

4) the decision shall be made public in the manner referred to in article 1. 49 the administrative procedure code.

Article. 98. [Land set aside under the road] 1. Parcels of land set aside under public roads: the municipal, district, provincial, national, with real estate, which the Division was made at the request of the owner, shall, by law, the property of the municipality, County, province or State on the date on which the decision approving the Division has become final or the decision of the Division final. This provision shall also apply to real estate, where the Division was made at the request of the user a perpetual, except that the right of perpetual usufruct parcels of land designated under public roads shall expire on the date on which the decision approving the Division has become final or the decision of the Division final. The provision shall apply mutatis mutandis when extracting plots of land under the widening of the existing roads.

2. the competent authority shall submit an application for disclosure in the land register of the rights the municipality, County, State or the State Treasury to the parcels of land designated under public roads or widening of the existing roads. The basis for the entry of these rights in the land register is the final decision approving the Division.

3. For parcels of land, referred to in paragraph 1. 1, is entitled to compensation at the rate agreed between the owner or user of the eternal and the competent authority. Provision of art. 131 shall apply mutatis mutandis. If such an agreement does not, at the request of the owner or perpetual compensation shall be established and shall be paid according to the rules and procedures applicable on preemption real estate.


Article. 98A. [adiacencka Fee in the case of Division of property] 1. If, as a result of the Division of property made at the request of the owner or perpetual, which brought the annual fees for the entire period of use of the law, increase its value, the Mayor, the mayor or President of the city may determine by way of decision, adiacencką with this title. Height adiacenckiej fee percentage rate shall be the Municipal Council, by resolution, not more than 30% of the difference of the value of the property. Establish the fees adiacenckiej may take place within 3 years from the date on which the decision approving the Division of real estate has become final or the decision of the Division has become final. The value of the property before and after the Division is determined by the prices on the day of the decision to establish the fees adiacenckiej. The State of real estate before it is assumed at the date of the decision approving the Division of property, and the State of the property after the Division takes on the day on which the decision approving the Division of real estate has become final or the decision of the Division has become final, and no account shall be taken of the component parts of the property. The provisions of article 4. 144 paragraph 1. 2, art. 146 paragraph 1. 1A, article. 147. 148 paragraphs 1 and 2. 1-3 shall apply mutatis mutandis.

1a. determination of the fees adiacenckiej may occur, if on the day on which the decision approving the Division of real estate has become final or the decision of the Division of real estate has become final, in force a resolution of the Municipal Council, referred to in paragraph 1. 1. To determine the fees adiacenckiej assumed percentage valid on the day on which the decision approving the Division of real estate has become final or the decision of the Division of real estate has become legally valid.

2. The provisions of paragraph 1. 1 shall not apply to the Division of real estate carried out regardless of the findings of the local plan.

3. If, as a result of the Division of real estate has parcels of land under public roads or widening of the existing public roads, to determine the value of the property, both to the State before and after the Division, the surface of the real estate shall be reduced by the surface plots of land set aside under these roads or their widening.

4. In the settlement fee adiacenckiej or with this title, the person liable to its filing can move to the municipality, with its consent, rights to parcels of land separated as a result of the Division. Provision of art. 66 of the Act of 29 August 1997 – tax (Journal of laws of 2005, No. 8, item 60, as amended) shall apply mutatis mutandis. The differences between the value of the parcels of land separated by dividing a duty resulting from a fees adiacenckiej shall be borne in the form.

Article. 98b. [the Division of real estate to request pages] 1. The owners or users of vows real estate formed in such a way that their rational land use can make a compatible application for their combination and redistribution on parcels of land, if they have uniform rights to this property. Must be attached to the application, submitted in the form of a notarial deed, the obligation to make the conversion, referred to in paragraph 1. 3.2. In the cases referred to in paragraph 1. 1, shall apply mutatis mutandis to article. 93, art. 94, art. 96, art. 97 paragraph 1. 1-2, art. 98, art. 98A. 99.3. Division of real property, referred to in paragraph 1. 1 shall be made subject to the condition that the owners or users of vows shall, by way of Exchange, mutual transfer of rights to a portion of their property, which entered into the composition of the newly designated plots of land. In the event of unequal value traded of the property shall apply article. 15. Article. 99. [the specific requirements of the Division of property] If providing access to the public road has to rely on the establishment of an easement referred to in article 1. 93 para. 3, the Division of real estate shall be made on condition that the disposal of the parcels set aside as a result of the Division will be established. For the fulfilment of the condition shall be deemed to also sell separate parcels of land along with the sale of the participation in almost to the parcels of land giving way.

Article. 100. [Delegation], the Council of Ministers shall determine, by regulation, the manner and mode of making divisions real estate, including how to proceed when drawing up the documents required in this proceeding and the types and contents of these documents.



Chapter 2 merge and split real estate Article. 101. [the provisions of chapter] 1. The provisions of this chapter shall govern the case merge real estate and their division into parcels of land.

2. the provisions of chapter shall apply to property in areas intended for local plans for purposes other than agricultural and forestry.

3. The provisions of chapter does not apply to real estate, which have been under consideration scaleniowym under the Act of merging and exchange of land.

Article. 102. [conditions for making a merge and divide] 1. A municipality may make a merge, and the Division of property referred to in article 2. 101 paragraphs 1 and 2. 1. the detailed conditions for the merge, and the Division of property specifies the local plan.

2. Merge and split property can be made, if they are located within the boundaries of the areas defined in the local plan or when to merge and split gets the owners or users of vows with, subject to the provisions of paragraph 2. 4, more than 50% of the land area covered by the merge and split.

3. accession to the merge, and the Division of property shall be decided by the Council of the municipality by resolution specifying the external borders of the land covered by the merge and split.

4. Built-up of the property may be covered by the resolution, referred to in paragraph 1. 3, with the permission of their owners or users.

5. Mayor, Mayor or President of the city consists of the competent court request for disclosure in the land register accession to merge, and the Division of property and if the property has not established the land register, to submit to an existing collection of documents a copy of the resolution referred to in paragraph 1. 3. Article. 103. [the proceedings scaleniowe] 1. Owners and users of vows and samoistni holders of the property covered by the merge and split are participants in the proceedings, merge and split. Mayor, Mayor or mayor shall notify them of the initiation of the proceeding, unless making due diligence address these people has not been established. Provision of art. 113 paragraph 1. 4 shall apply mutatis mutandis.

2. The owners and users of vows real estate covered by merging and Division can choose from its Council participants a number of merges to 10 people. This Council has the power-giving committees.

3. the draft resolution of the Municipal Council of the merge and the Division of property is subject to a favourable opinion by the Council of participants of the merge and have access to the participants of the proceedings for a period of 21 days, on the premises of the Office. About the suit of the draft resolution for inspection shall be notified in writing of the parties, whose addresses are unknown, and also about the suit shall be made public, as is customary in the village and on the websites of the municipal office, and by advertisement in the local press.

4. during the period when the draft resolution is to review, parties may submit written proposals, comments and objections to the project. In the conclusions of the parties to the proceedings may be indicative of parcels of land, which would receive in Exchange for previously owned real estate covered by merging and Division. Complex requests, comments and reservations are subject to a favourable opinion by the Council of participants of the merge.

5. How do the proposals, comments and objections, referred to in paragraph 1. 4, shall give the Municipal Council, in its resolution on merging and the Division of real estate. About how to settle shall be notified in writing of the parties, who have made requests, comments and reservations, delivering them to extract from the resolution.

6. The costs associated with merging and the Division of property shall be borne by the parties in proportion to the surface area of their property falling within the merge and split, if the proceedings were carried out at their request.

Article. 104. [Resolution of the merge and the Division of property] 1. The Municipal Council take a resolution on merging and the Division of real estate. A resolution shall be served on the parties, whose addresses are unknown, and also about the resolution shall be given to the public as is customary in the village and on the websites of the municipal office, and by advertisement in the local press. Activities related to carrying out the proceedings on the merge, and the Division performs the Mayor, the mayor or President of the city.

2. Resolution of the Council of the municipality of merging and broken real estate should include: 1) developed land boundaries and merge-covered GEODESIC Division;

2) extract and the excerpt from the local plan;

3) Geodetic Project merge, and the Division of property;

4) the register of immovable property, with the indication of their current status and new State after merging and broken, in this real estate allocated to parties in return for their real estate owned or in use in perpetuity before merging and Division;

5) settle the matters referred to in article 1. 105 paragraph 1. 2 and 5;


6) determine the type of equipment technical infrastructure planned to build, time limits for their construction and funding sources;

7) findings as to the amount, date and method of payment of fees adiacenckich;

8) decision about how to attend to requests, comments and objections made by the participants in the proceeding.

3. the Decision referred to in paragraph 1. 1, is the basis for: 1) the closure of the existing mortgage;

2) assumptions of new mortgage and disclosure in their rights to the property resulting from the merge and split;

3) reveal a new legal status of real estate in the cadastre of real estate;

4) designation and persist on the boundaries of property incurred as a result of merge and split;

5) introduction of the participants in the proceeding on the new property.

4. Requests for activities referred to in paragraph 1. 3 paragraphs 1 to 3, consists of the Mayor, the mayor or President of the city.

5. Load the properties covered by the merging and the Division is transferred to the newly established land, subject to article 22. 105 paragraph 1. 5.6. The resolution referred to in paragraph 1. 1, does not infringe the rights of third parties established on immovable property subject to merge and split.

Article. 105. [the principle of merge and divide] 1. The surface of each real estate covered by merging and the Division shall be reduced by the surface area necessary for the separation of plots of land for new roads or widening of the existing roads. Zoom out it is in proportion to the surface area of all property covered by the merge and split and the General area of plots of land set aside under the new roads and widening of the existing roads.

2. In Exchange for the property covered by the merge and split each of the owners or users of land registry an appropriate ownership or perpetual use, real estate, consisting of a number of parcels of land designated as a result of merge and split, whose total area is equal to the surface of existing his property, less in accordance with the provision of paragraph 1. 1. If it is not possible to allocate real estate with an area of fully equivalent, for the difference of the surface shall be made of appropriate aid in cash.

2A. the provision of paragraph 1. 2 shall apply mutatis mutandis to the spontaneous real estate holders.

3. (repealed).

4. the parcels of land set aside under the new road or widening of the existing roads, non-regional/county roads, State, or national, pass under the law on ownership of the municipality, and laid down on those parcels the right to usufruct shall expire on the date of entry into force of the resolution of the Municipal Council of the merge and the Division of real estate. If the parcels of land have been set aside under the road district, regional or national or the expansion of these roads, shall apply mutatis mutandis to article. 98 paragraphs. 1.5. Easement ground established on immovable property covered by merging and the Division are subject to elimination, if it became unnecessary to use the newly designated real estate.

Article. 106. [Compensation] 1. For parcels of land, set aside under the new road or widening of the existing roads, as well as for the device, which the owners or users of vows could not disconnect from the ground, and trees and shrubs, a municipality shall be paid, subject to the provisions of paragraph 2. 1A, compensation in the amount agreed between the owners or users of the lifetime and the executive body of the local government unit or the Mayor. The refund referred to in article 1. 105 paragraph 1. 2, and compensation, if not its arrangements, shall be established and shall be paid according to the rules and procedures applicable on preemption real estate. Compensation shall be paid by the competent authority.

1a. For parcels of land set aside under the road district, regional or national or the expansion of these roads, compensation shall be paid accordingly district, State, or the State Treasury.

2. (repealed).

3. the municipality is required to build on the land covered by the resolution of the merge and the Division of real estate necessary equipment of technical infrastructure, according to the provision of art. paragraph 104. 2, paragraph 6. The cost of the construction of these devices may not charge participants in the proceeding, unless under the municipality of agreement, the parties agree otherwise.

Article. 107. [Fees adiacenckie] 1. Individuals who receive new property set aside by merging and splitting are obliged to pay to the municipality of adiacenckich fees of up to 50% of the increase in the value of the property, in relation to the value of the property not yet owned. In determining the value of the previously owned real estate shall not be taken into account the value of the equipment, trees and shrubs, referred to in article 1. 106 paragraph 1. 1 if it is not paid compensation.

2. the amount of the percentage fee shall be adiacenckiej the Municipal Council, in its resolution on merging and the Division of real estate.

3. the terms and manner for paying adiacenckich sets the Mayor, the mayor or President of the city of, in the way of a settlement with the person liable to pay, by signing the protocol arrangements. In failing to settlement, of the date and manner of payment of the Municipal Council resolved, by a resolution of merger and Division of real estate. The deadline in the resolution may not be less than the construction of devices of technical infrastructure.

4. a adiacencką sets the Mayor, the mayor or President of the city, by a decision, in accordance with the settlement or resolution of merger and Division of property referred to in paragraph 1. 3. in the event of the establishment of the real estate limited rights in rem decision to fix the fees adiacenckiej is the basis for entry in the land register.

5. In the settlement fee adiacenckiej or with this title, the person liable to its filing can move to the municipality, with its consent, rights to parcels of land separated by merging and splitting. Provision of art. 66 of the Act of 29 August 1997 – tax code shall apply mutatis mutandis. The differences between the value of the parcels of land separated by merging and splitting a duty resulting from the adiacenckiej fees are covered in the form of surcharges.

Article. 108. [Delegation] 1. The Council of Ministers shall determine, by regulation, the manner and the Merge mode and the Division of property and the way the pricing mode and adiacenckich, with taking into account the types of documents and payment of the costs of the proceedings.

2. In adopting the regulation referred to in paragraph 1. 1, the Council of Ministers shall determine in particular: 1) types of activities prior to the commencement of proceedings on the merge, and the Division of property and dates of these activities;

2) the method of determining the external borders of the area to merge and split;

3) taking the boundaries of real estate in the performance of the map design, merge and split;

4) selection and activity of the Council participants merge;

5) way for, the types and contents of the documents necessary to the proceedings on the merge and split.



Chapter 3 right of first refusal real estate Article. 109. [Conditions, exclusions] 1. In the case of the sale of a right of first refusal shall have County: 1) of land not built on property acquired by the seller from the State Treasury or local government units;

2) perpetual use rights of land not built on land, regardless of the form of the acquisition of this right by the vendor;

3) real property and the rights of usufruct land within the local plan for the purposes of public or real estate, for which it was decided to fix the location of investment to the public;

4) real property entered in the register of monuments or the right of perpetual usufruct such property;

5) (repealed).

2. The provisions of paragraphs 2 and 3. 1 paragraphs 1 and 2 shall not apply to property in the plans of the local agricultural and forestry purposes, and in the absence of local plans for property used for the purposes of agricultural and forest. Provision of art. 92 paragraph 1. 2 shall apply mutatis mutandis.

3. The right of pre-emption is not awarded if: 1) the sale of the property or the right of perpetual usufruct is to persons close to the seller;

2) sale of real property or the right of perpetual usufruct is between persons of the same church or Association of religion;

3) ownership or perpetual usufruct was established as damages or compensation for loss of property;

4) ownership or perpetual usufruct was established as a result of the conversion of the property;

5) in the cases referred to in paragraph 1. 1 paragraphs 3 and 4, the right of pre-emption is not revealed in the land register;

6) sale of real estate is on the construction of national roads;

7) the right of pre-emption shall be entitled to the private partner or the last private partner in the cases referred to in the Act of 19 December 2008 on the public-private partnership;

8) sale of real estate is for the purposes of the implementation of the investment in the airport public use within the meaning of the provisions of the Act of 12 February 2009 on specific principles of the preparation and implementation of investment in public use airport;

9) sale of real estate is for the purposes of implementing the investment in terms of building flood control within the meaning of the provisions of the Act of 8 July 2010 with special conditions to prepare for the implementation of the investment in building flood.


4. Right of first refusal performs Mayor, Mayor or President of the city.

Article. 110. [the legal form of a right of first refusal] 1. Sale of real property, referred to in article 1. 109, and the right of usufruct of these properties may be, if the Mayor, Mayor or city President fails to right of first refusal.

2. A right of first refusal may be made within one month from the date of receipt by the Mayor, the mayor or President of the city notice of the content of the contract of sale.

3. The notary drawing up the contract for the sale of is obliged to notify the Mayor, Mayor or city President about the content of the agreement, pursuant to the provisions of paragraph 1. 2.4. Mayor, Mayor or President of the city performs a right of first refusal by filing a declaration in the form of a notarial deed at the notary's, referred to in paragraph 1. 3. in the event that the filing a declaration with the notary was impossible or suffers serious difficulties, it may be made with another notary. Once you make a statement: 1) the property becomes the property of the municipality, if the exercise of the right of first refusal were for the sale of real estate;

2) the right of perpetual usufruct expires, if the exercise of the right of pre-emption was the sale of the rights of usufruct land representing ownership of the municipality;

3) a municipality obtains the right of perpetual usufruct, if the performance of the right of option was the sale of perpetual use rights land which is owned by the State, County or province.

5. The declaration referred to in paragraph 1. 4, a notary shall be served on the seller.

Article. 111. [Price] right of first refusal is performed at a price agreed between the parties in the contract of sale.



Chapter 4 of the Preemption real estate Article. 112. [the expropriation of property] 1. The provisions of this chapter shall apply to immovable property located, subject to article 22. 122a, art. paragraph 124. 1B. 124B, art. 125. 126, on areas in the plans of the local public purposes or to real property for which a decision has been issued to fix the location of investment to the public.

2. The expropriation of real estate involves the deprivation or limitation of, by a decision, the right to property, the right of perpetual usufruct or other rights in rem in immovable property.

3. The expropriation of real estate can be made, if the objectives of the public cannot be accomplished in any other way than by deprivation or limitation of rights to real estate, and these rights may not be acquired by contract.

4. The competent authority in cases of expropriation is mayor, performs a task from the scope of the Government.

Article. 113. [the expropriation and the legal status of property] 1. The property can be expropriated only to the Treasury or to government entities.

2. The property which is the ownership of the State Treasury may not be expropriated. This does not apply to the expropriation of rights of usufruct and limited rights in rem encumbering the property.

3. Expropriation may be covered by the whole of the property or part of it. If the expropriation is covered by part of the estate, and the remainder is not suitable for the proper use of the existing goals, at the request of the owner or perpetual real estate purchases to this part of the agreement to the Treasury or to government entities, depending on whose behalf following the expropriation.

4. If the property has not established the land register or the collection of documents, the expropriation shall be other documents stating the right to property and to the determination of the data from the real estate cadastre.

5. in the case of irregular real estate legislation, by its expropriation, shall be used for the determination of the data from the real estate cadastre.

6. By irregular legal status property means property, for which due to a lack of land, collection of documents or other documents can not be determined by people who are entitled to rights in rem.

7. the provision of paragraph 1. 6 shall also apply if the owner or operator a perpetual property is dead and has not been successfully completed or not inheritance proceedings.

Article. 114. [Negotiations about the acquisition of property by contract] 1. Wywłaszczeniowego proceedings, subject to the provisions of paragraph 2. 2 and paragraphs 1 and 2. 3, must be preceded by a negotiated acquisition by agreement of the rights referred to in article 1. 112 paragraph 1. 3, carried out between the Mayor, carrying out the task with a range of government departments, and the owner or user of the property in perpetuity, as well as the person entitled to the property limited right in rem. In the course of the negotiations may be offered a replacement property.

2. in the case of preemption real estate at the request of the local government unit negotiations referred to in paragraph 1. 1, carry out their regulatory authorities.

3. in the case of irregular legal status property information of the intention to expropriate the starosta, performs a task from the scope of the Government, the public, as is customary in the village and on the websites of the District Office District, and by advertisement in the press coverage nationwide. If the expropriation relates to part of the property, the advertisement also contains information about the intention to initiate proceedings on the Division of this property.

4. If, within 2 months from the date of the notice referred to in paragraph 1. 3, does not throw people who demonstrate that they are entitled to rights in rem in immovable property, you can initiate the procedure on the distribution and wywłaszczeniowe.

Article. 115. [wywłaszczeniowego proceedings] 1. The initiation of wywłaszczeniowego to the Treasury from the Office, and for the benefit of the local government unit-at the request of the executive body. Initiation of proceedings of its own motion may also occur as a result of the notice filed by the person who intends to carry out a public purpose.

2. initiation of the wywłaszczeniowego occurs after the expiration of the two-month deadline for the conclusion of the agreement referred to in article 1. paragraph 114. 1, designated in writing to the owner, the user wieczystemu real estate, as well as to the person entitled to the limited right in rem in this property.

3. The initiation of wywłaszczeniowego follows from the date on which notice to the parties, or from the date specified in the notice of initiation, wywieszonym in the Office of the District Office District, after the expiry of the deadline referred to in article 1. paragraph 114. 4.4. Denial of wywłaszczeniowego proceedings, for which there was the executive body of the local government unit or entity that intends to pursue the objective of the public, by way of a decision.

5. The provisions of paragraph 1. 2 does not apply in the case of irregular real estate legislation.

Article. 116. [the proposal] 1. In the application for expropriation must specify: 1) the property giving the labels from the land register or the collection of documents and of the real estate cadastre;

2) target public, to which the property is essential;

3) surface of the property, and if the expropriation is to be covered by only part of it-the surface of the parts and the whole property;

4) the current use of the property and its development;

5) offices and how they ensure the tenants dispossessed of the premises;

6) the owner or operator a perpetual property, in the absence of data to the determination of these people – the ruler of the estate according to the entry in the cadastre of real estate;

7) person, which have limited rights in rem in immovable property;

8) replacement property, if an entity of local government the offers;

9) other circumstances relevant to the case.

2. the application for expropriation shall be accompanied by: 1) documents of the negotiations referred to in article 1. 114;

2) extract and the excerpt from the plan, and in the absence of local plan decision to fix the location of investment to the public;

3) map with the registry of property covered by the application for expropriation or map of Division and the register of real estate and a decision approving the partition, if the application for expropriation applies to only part of the real estate;

4) a copy of the land register or a statement showing the current status of the entries in the land register established for real property covered by the application for expropriation, together with an indication of the number of the land register or a certificate of the legal State, which results from a collection of documents;

5) in the absence of the documents referred to in paragraph 4, a certificate of the competent court stating that the property is not set up in the land register or that it is not for her family-run collection of documents;

6) extract and the excerpt from the real estate cadastre.

2A. The declaration referred to in paragraph 1. 2 paragraph 4, consists of under penalty of perjury. The applicant is obliged to claim the conclusion in the clause reads as follows: "I am aware of criminal liability for submitting a false statement.". This clause overrides instruction authority of criminal prosecution for perjury.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis in the event of the opening of proceedings wywłaszczeniowego.


Article. 117. [Disclosure in the land register of the fact wywłaszczeniowego proceedings] 1. Starosta, performing a task with a range of Government, composed of the Court request for disclosure in the land register wywłaszczeniowego proceedings, and if the property has not established the land register-submit to an existing collection of documents notice of initiation of this proceeding.

2. If the expropriation does not come to pass, that performs a task with a range of Government, must occur immediately of the cancellation of the land register entry of the initiation, the wywłaszczeniowego or submit a relevant notice to the collection of documents.

Article. 118. [administrative Hearing] 1. After the opening of wywłaszczeniowego starosta, performs a task from the scope of the Government, carry out administrative hearing.

1a. The provisions of paragraph 1. 1 shall not apply in the case of irregular real estate legislation.

2. In the wywłaszczeniowym proceedings shall not apply the provisions of the settlement.

Article. 118a. [decision on the acquisition of immovable property] 1. If, within the period referred to in article 4. paragraph 114. 4, has not been established people who demonstrate that they are entitled to rights in rem in immovable property, starost of performing a task with a range of Government, shall issue a decision on the acquisition of property by the State Treasury or local government unit, requesting the expropriation. Acquisition of ownership rights is followed by the date on which the decision becomes final.

2. the decision shall be made public in the manner referred to in article 1. 49 the administrative procedure code.

3. the compensation for the property, the property passed to the Treasury or local government unit shall be determined according to the provisions of Chapter 5 and consists of legal deposit for a period of 10 years.

Article. 119. [content of the decision on expropriation of property] 1. The decision on expropriation of property, in addition to the components referred to in article 3. 107 § 1 of the code of administrative procedure, should contain: 1) determine on what property is expropriated for building projects;

2) indicating the purpose of expropriation by the determination of the property according to the land register or the collection of documents, and according to the real estate cadastre;

3) define the rights subject to the expropriation;

4) an indication of the owner or perpetual real estate;

5) identification of the person, which have limited rights in rem in immovable property;

6) the obligation to ensure that the establishments referred to in article 1. 116 paragraph 1. 1, paragraph 5;

7) to determine the amount of compensation.

2. where the person referred to in paragraph 1. 1 paragraph 4 and paragraph 5 are absent or unable to act, article 12 shall apply. 34 of the administrative procedure code.

Article. 120. [Preventing certain dangers] If you want to prevent the danger, the occurrence of the damage or disadvantages which may arise for owners or users of land registry property location as a result of expropriation or other land-use property expropriated than ever before, in the decision on expropriation lays down the necessary easements and shall be required to the construction and maintenance of suitable devices to prevent the events or circumstances. The obligation to construct and maintain relevant equipment on leaving the application for expropriation.

Article. 121. [the transition of ownership rights to the Exchequer] 1. The transition of ownership rights to the Treasury or to government entities from the date on which the decision on expropriation of property has become final.

2. transfer of perpetual rights to the Treasury or to government entities from the date on which the decision on expropriation of this right has become final, if the law of usufruct was established on land which is owned by another person than the one for which the expropriation.

3. the right of perpetual usufruct land shall expire on the date on which the decision on expropriation of this right has become final, if the law of usufruct was established on the land which is the property of the person to whom the expropriation occurred.

4. Preemptive property until its use on target, on which there has been expropriation, to lease its owner at his request.

Article. 122. [Authorization for immediate seizure of property] 1. In the cases referred to in article 1. 108 of the administrative procedure code or justified an important economic interest the Governor, performing the task from the scope of the Government, by way of decision, entity that will perform the target public to immediate seizure of the property after the release of the decision on expropriation of property, if the delay in its occupation would not be possible to the public, for which the property was expropriated. The decision to immediate seizure suitable rigor immediate enforceability.

2. where, in cases referred to in paragraph 1. 1, issue the decision on expropriation would require prior to the Division of real estate, the decision approving the allocation of suitable rigor immediate enforceability.

3. (repealed).

Article. 122A. [proceedings concerning entitlement to the Treasury or the appropriate government entities for compensation] if the target public has been carried out, and wywłaszczeniowe has not completed the issuance of final decision on expropriation, that performs a task from the scope of the Government, by way of decision rules on the acquisition of rights to the Treasury or the appropriate government entities for compensation. The Governor performs the task from the scope of the Government prior to the initiation of the proceedings shall appoint two-month time limit for the conclusion of the agreement. After the expiration of the two-month deadline for the conclusion of the agreement, compensation shall be determined according to the provisions of Chapter 5.

Article. 123. [Entry in the land register] 1. The final decision on expropriation of property is the basis for entry in the land register. An entry shall be made at the request of, performing the task with a range of government administration, or the executive body the local government unit, if the property was expropriated for this unit.

2. The rental, lease or lending and asset management real estate expropriated shall expire at the end of 3 months from the date on which the decision on expropriation becomes final.

Article. 124. [Authorization to carry out the works] 1. Starosta, performing a task with a range of Government, may restrict, by a decision, the use of the property by granting a permit for setting up and carrying out on the property drainage strings, cables, and devices for the transmission or distribution of liquids, steam, gas and electricity and communication devices and signalling, as well as other underground, above-ground or above-ground facilities necessary for the use of these cables and devices If the owner or the user of the perpetual real estate do not agree to this consent. This limitation shall be in accordance with local plan, and in the absence of a plan, in accordance with the decision to establish the location of investment to the public.

1a. In the cases referred to in article 1. 108 of the administrative procedure code or justified an important economic interest the Governor, performing the task with a range of Government, at the request of the operator, who will perform the target public, shall, by way of decision, permit the immediate seizure of the property after the release of the decision referred to in paragraph 1. 1. The decision to immediate seizure suitable rigor immediate enforceability.

1B. In the field of public communication devices to the decision on the licences shall be issued in agreement with the President of the Office of electronic communication. This decision may also be issued in the absence of any local plan or when the decision to establish the location of investment to the public is not required.

2. The Governor, performing a task with a range of Government, authorise ex officio or at the request of the executive body the local government unit, another person, or organizational unit.

3. The authorisation referred to in paragraph 1. 1, should be preceded by a negotiated with the owner or user of the real estate in perpetuity to obtain consent to the performance of work referred to in paragraph 1. 1. Negotiations shall be carried out a person or organizational entity intending to apply for a residence permit. The application shall be accompanied by documents from the bargain.

4. The person or organizational unit of the applicant for a permit to restore the property to its original state, immediately after assuming or performing strings, wires and equipment referred to in paragraph 1. 1. If the restoration of property to its original state is impossible or causes excessive difficulties or costs shall apply mutatis mutandis provision art. 128 paragraph 1. 4.


5. If the establishment or strings, wires and equipment referred to in paragraph 1. 1, the owner or user to wieczystemu further the proper use of real estate in the way existing or in a manner consistent with its current purpose, the owner or perpetual user can request to the Governor that performs a task with a range of Government, or the applicant for an authorisation as referred to in paragraph 1. 2, acquired from it to the Treasury, by contract, ownership or use of perpetual real estate.

6. the owner or the user of the perpetual real estate is obliged to share the property in order to perform the activities related to the maintenance and removal of failure of strings, wires and equipment referred to in paragraph 1. 1. The obligation to provide the real estate subject to enforcement. The provisions of paragraph 1. 4 shall apply mutatis mutandis.

7. the final decision referred to in paragraph 1. 1, is the basis for entry in the land register. An entry shall be made at the request of, performing the task with a range of government administration, or the executive body the local government unit, if the authorization was granted at the request of the unit.

8. in the cases referred to in paragraph 1. 1, in which the party to the proceedings is a municipality or County, Mayor of the city of counties acting governors be excluded on the principles set out in Chapter 5 of the chapter and the code of administrative procedure.

Article. 124A. [the application of the provisions of the Act] the provisions of art. paragraph 124. 1 – 2 and 4 – 7, art. 124B. 125. 126 shall apply mutatis mutandis to the irregular real estate legislation. The procedure for restrictions on how to use these properties apply. paragraph 114. 3 and 4, art. 115 paragraph 1. 3 and 4 and article. whereas paragraphs 1 and 2. 2 and 3.

Article. 124B. [Decision on the obligation to share the property] 1. Starost of, performing the task from the scope of the Government, by decision obliges the owner, user, perpetual or the person entitled to other rights in rem to real estate to provide the property in order to perform the activities related to the maintenance, repair and removal of failure of strings, cables, and drainage devices, not belonging to the components of the property, for the transmission or distribution of liquids, steam, gas and electricity and public communications and signalling devices , as well as other underground, above-ground or above-ground facilities necessary for the use of those wires and devices, as well as the removal of land these strings, wires, equipment and facilities, if the owner, the user perpetual or the person entitled to other rights in rem to real estate do not agree to this consent. The decision on the obligation to share real estate can also be released in order to provide suitable steps execution directions.

2. the decision referred to in paragraph 1. 1, it seems ex officio or at the request of the obliged entity for the implementation of activities referred to in paragraph 1. 1.3. The obligation to make available property may be established for not more than 6 months. Provision of art. paragraph 124. 1A and 4 shall apply mutatis mutandis.

4. For sharing property and damages resulting from the activities referred to in paragraph 1. 1, is entitled to compensation at the rate agreed between the owner, the user of the usufruct or the person entitled to other rights in rem to real estate and the entity to which the property was made available. If such an agreement does not occur within 30 days from the date on which the period share property, referred to in the decision referred to in paragraph 1. 1, that performs a task with a range of Government shall initiate proceedings on the determination of the compensation.

5. The obligation to make available the property referred to in paragraph 1. 1, subject to enforcement.

Article. 125. [limitation of how to use the property] 1. Starosta, performing a task with a range of Government, may, by a decision, to restrict the use of real estate necessary to seek the, recognition, extraction of minerals covered by mining property. The provisions of article 4. paragraph 124. 2-4 shall apply mutatis mutandis.

2. The restriction referred to in paragraph 1. 1, can take place only on behalf of a trader who has been granted a license to perform such activities, for no longer than the validity of the concession. Compensation for restrictions shall be paid.

3. If a restriction referred to in paragraph 1. 1, is established for more than one year, or prevents the owner or user to wieczystemu further the proper use of real estate in the way existing or in a manner consistent with its current purpose, the owner or operator a perpetual real estate may require that the entrepreneur has acquired the property from him. In contentious decisions of the ordinary courts.

Article. 126. [Authorization for the temporary seizure of property] 1. In the case of force majeure or sudden need to prevent significant damage, subject to the provisions of paragraph 2. 5, that performs a task with a range of Government, shall, by way of decision, permit temporary seizure of property for a period of not more than 6 months from the date of the seizure of the property. In the case of the proceedings at the request, a decision immediately, but not later than within 7 days from the date of submission of the application.

2. The decision referred to in paragraph 1. 1, suitable rigor immediate enforceability.

3. After the expiry of the period for which there has been the seizure of property, the entity that took the property, is obliged to bring the property to its original state. For sharing of immovable property and for damages resulting from attachment of property is entitled to compensation at the rate agreed between the owner, the user of the usufruct or the person entitled to other rights in rem to real estate and the entity to which the property was made available. If such an agreement does not occur within 30 days from the date on which the period share property, referred to in the decision referred to in paragraph 1. 1, that performs a task with a range of Government, shall proceed on the determination of the compensation.

4. If as a result of the temporary seizure of property owner or perpetual user will not be able to use the property in a current or previous purpose, may request that an entity that took the property, acquired from the ownership or use of the perpetual property by agreement.

5. in the case when the urgent need to prevent the circumstances referred to in paragraph 1. 1, prevents the filing of the application for a decision on the temporary seizure of property, the owner or operator a perpetual real estate is obliged to make it available in order to prevent the circumstances. The obligation to provide the real estate subject to enforcement. The entity that took the property consists of a request for the release of this decision within 3 days from the date of the seizure of the property. The decision may be released not later than 6 months from the date of the seizure of the property.

6. in the case of non-submission of the application referred to in paragraph. 5, within 3 days, that performs a task from the scope of the Government, by way of decision rules on the imposition of a penalty of $5,000 for each day of delay, calculated from the day following the day on which the deadline for the submission of the application. The proceeds from the fines represent revenue of the State budget.

7. On the imposition of the penalties referred to in paragraph 1. 6, that performs a task with a range of government rules also in case if the attachment of real estate, and alleged the conditions referred to in paragraph 1. 1 and 5, justifying the seizure of the property.

8. The Governor, performing a task with a range of Government, shall issue a decision confirming the existence of the conditions for real estate activities within 7 days from the date of submission of the application referred to in paragraph 1. 5.9. The penalties referred to in paragraph 1. 6 and 7, shall be paid within 14 days from the date of notification of the decision. In the case of non-payment of the penalty, it is subject to downloading in the provisions on enforcement proceedings in administration.

10. the provisions of paragraphs 1 and 2. 1-9 shall apply also in the case of a sudden need to prevent material injury resulting from the accident, referred to in article 1. 124B. 127. (repealed).



Chapter 5 compensation for expropriated property Art. 128. [Conditions for compensation] 1. The expropriation of ownership of immovable property, usufruct or any other right in rem is for compensation for the expropriated person corresponding to the value of those rights.

2. If the wywłaszczanej property or almost perpetual usufruct of the property are laid down other property rights, compensation shall be reduced by an amount equal to the value of those rights.

3. If the wywłaszczanej property, which is owned by the local government unit, is established right of perpetual usufruct, compensation shall be reduced by an amount equal to the value of that right.


4. Compensation is also responsible for damage caused as a result of the events referred to in article 1. 120 and 124-126. Compensation should match the value of damage suffered. If as a result of these events will decrease the value of the property, compensation shall be increased by the amount corresponding to the ago.

Article. 129. [determination of the compensation] 1. Compensation shall be the Governor, performing the task with a range of government departments, in the decision on expropriation of property, subject to the provisions of paragraph 2. 5.2. (repealed).

3. If the compensation was granted the property in the replacement decision referred to in paragraph 1. 1, in addition to the designation of the replacement property according to the content of the land register and cadastre of real estate, its value and the amount of aid.

4. (repealed).

5. The Governor, performs a task from the scope of the Government, it seems a separate decision on compensation: 1) in the cases referred to in article 1. 98 paragraphs. 3, art. 106 paragraph 1. 1 and art. 124-126;

2) at the request of the entity pursuing an aim of public or the owner of the expropriated property;

3) where there has been a deprivation of the rights to the property without compensation, and the existing provisions provide for its establishment.

Article. 130. [Fixing the amount of compensation] 1. The amount of compensation shall be determined by status, purpose and values, the property expropriated in the date of the decision on expropriation. In the case when the starosta, performs a task from the scope of the Government, it seems a separate decision on compensation, the amount of compensation shall be determined by the State and use of real estate on the deprivation or limitation of rights, and in the cases referred to in article 1. 98 paragraphs. 3 and art. 106 paragraph 1. 1, according to the State and use of real estate respectively at the date of the decision of the Division or the resolution to proceed with a merge and split, and its value at the date of the decision on compensation. Provision of art. 134 shall apply mutatis mutandis.

2. Determine the amount of compensation after obtaining the opinion of the appraiser, specifying the value of the property.

Article. 131. [replacement Property] 1. As compensation to the owner or user expropriated wieczystemu real property may be granted, with his consent, a suitable replacement property.

2. the replacement Property shall be granted from the resource property of the State Treasury, where the expropriation takes place to the Treasury, or real estate resource appropriate government entities, if the expropriation is for this unit.

3. the replacement Property can be given in consultation with the President of the agricultural property agency, the agricultural property stock of the State Treasury, where the expropriation takes place to the Treasury.

4. The difference between the amount of compensation fixed in the decision and the value of the replacement property aligns the by payment of money.

5. Transfer of rights to real estate a replacement for the person to whom compensation has been granted, from the date on which the decision on expropriation becomes final. This decision is the basis for entry in the land register.

Article. 132. [payment of compensation] 1. Payment of compensation occurs once, within 14 days from the date on which the decision on expropriation shall be enforceable, subject to paragraph 2. 1A and 1b.

1a. In cases in which a separate decision on compensation, the payment of compensation occurs once within 14 days from the date on which the decision on compensation has become final.

1B. in the case of the decision on immediate seizure at the request of the person wywłaszczanej shall be paid an advance of 70% of the compensation fixed by the authority of first instance decision on expropriation. Payment of advances followed by once within 50 days from the date of submission of the application for an advance. The amount of compensation for expropriated property shall be reduced by the amount of the advance paid.

1 c. If repealed the decision of expropriation or annulled decision to immediate seizure, the person to whom the advance was paid, or her heir are required to return the advance after its valuation on the day of return, unless you have the permission referred to in the article. 122A. 2. To the effects of delay or delay in payment of compensation shall apply mutatis mutandis the provisions of the civil code.

3. the amount of the compensation determined in the decision shall be subject to adjustment on the day of his payment. Valuation shall be the authority a person or organizational entity liable to pay compensation.

3A. If the decision on the basis of which the compensation was paid, was subsequently repealed or found its invalidity, a person to whom compensation has been paid, or her heir are obliged to refund the compensation after his valuation on the day of return.

4. With the consent of the person entitled to compensation starosta, performing the task with a range of Government, may fix a different than specified in paragraph 1. 1-3 How to pay the damages awarded.

5. for the payment of compensation for expropriated property, for any damage arising as a result of the events referred to in article 1. 120, for payment of the purchase price of the property referred to in article 1. 113 paragraph 1. 3, as well as to ensure that the replacement property shall, subject to paragraph 2. 6-8, that performs a task with a range of Government, if the expropriation is abandoned, or the executive body of the local government unit, if the expropriation is for this unit.

6. The obligation to pay compensation for damages as a result of events listed in the article. 124. 124B, art. 125. 126 and for a reduction in the value of real estate for this reason shall be debited to the person or entity authorised respectively to set up or carrying out drainage strings, wires and equipment referred to in article 2. paragraph 124. 1, or permit activities related to maintenance, repair, removal, and disposal of land, referred to in article 2. 124B paragraph. 1, or permit the temporary seizure of property in the event of force majeure or any other emergency, prevent injury or a trader, that on the basis of a concession performs activities in the field of exploration, or extracting minerals covered by mining property.

7. (repealed).

8. The person who will perform the target public, it can cover the cost of royalties referred to in paragraph 1. 5 and 6, and the cost of fixing these duties.

Article. 133. [payment of compensation to legal deposit] Compensation shall be paid to the legal deposit, if: 1) an authorized person refuses to accept or compensation stumbles on hard to overcome obstacles or 2) compensation for the expropriation of real estate affected by irregular legal status.

Article. 134. [the basis of determining the amount of compensation] 1. The basis used to determine the amount of compensation is subject to the article. 135, the market value of the property.

2. in determining the market value of the property shall be taken into account in particular the nature, the location, the use, purpose, the State of the real estate and the currently ruling real estate prices.

3. The value of the property for the purposes of the compensation is determined according to the actual way its use, if you use the property, consistent with the purpose of expropriation, does not increase its value.

4. If the purpose of the property, consistent with the purpose of expropriation, increases its value, the value of the property for the purposes of the compensation is determined according to an alternative way of life resulting from this destination.

Article. 135. [replacement value of property] 1. If due to the type of real estate you can not determine its market value, since this kind of property do not exist, shall be its value odtworzeniową.

2. in determining replacement value of property, separately defined value of the land and the value of its components.

3. in determining the value of the land shall apply the provisions of article 4. paragraph 134. 2-4.

4. in determining the value of the buildings or parts of buildings, structures, devices, technological infrastructure and other equipment, it is estimated the cost of their plays, taking into account the degree of wear.

5. In determining the value of the forest stand or zadrzewień, if the stand materials, it is estimated the value of the wood located in this stand. If there is no usable material stand or the value of the wood, which can be obtained, is lower than the cost of afforestation and tree care, it is estimated the costs of afforestation and tree care costs to the date of expropriation.

6. in determining the value of plantation cultures of perennial plantation establishment costs estimated and its care until the first harvest and the value of the lost benefits during the period from the date of expropriation until the date of the completion of the full crop. The sum of the costs and the value of the lost benefits be reduced by the amount of annual depreciation resulting from the period of the use of the plantation from the first year of a crop to expropriation.


7. in determining the value of the crop, crops and other collections annual estimated value of anticipated yields at emerging in the course of the market, reducing it by the value of the investments needed in connection with the collection of these crops.



Chapter 6 the return of expropriated real estate Article. 136. [Conditions of return] 1. Property expropriated may not be used for the purpose other than specified in the decision on expropriation, including the article. 137, unless the previous owner or heir does not submit an application for reimbursement of the real estate.

2. in the event of violations of the intent to use the expropriated immovable property or part thereof to another purpose than that specified in the decision on expropriation, the competent authority shall notify the previous owner or heir of this intention, indicating at the same time about the possibility of the return of expropriated real estate.

3. The previous owner or his heir may demand reimbursement of the expropriated immovable property or part thereof, if, pursuant to the provision of art. 137, it became redundant to the objective set out in the decision on expropriation. A claim for refund or part of the property occurs to the starost, executing a task with a range of Government, which shall inform the competent authority. Condition for the return of property is return by the former owner or his heir or replacement property according to the art. 140.4. The provision of paragraph 1. 3 shall apply mutatis mutandis to the part of the property acquired by way of a contract in accordance with art. 113 paragraph 1. 3. the 5. In the case of submission of the application for reimbursement of the expropriated immovable property or part thereof within a period of 3 months from the date of receipt of the notification of the return, the entitlement to reimbursement of immovable property or part thereof.

6. (have lost power).

Article. 137. [appreciation of real estate for unnecessary] 1. [4] the property shall be deemed to be unnecessary for the purpose specified in the decision on expropriation if: 1) despite the expiry of seven years from the date on which the decision on expropriation becomes final, not started the work related to the implementation of this order or 2) [5] despite the passage of 10 years from the date on which the decision on expropriation becomes final, this objective has not been achieved.

2. If in the case referred to in paragraph 1. 1 point 2, the purpose of the expropriation was made only on part of the expropriated property, the remaining part shall be reimbursed.

Article. 138. [termination of rights encumbering the returned property] 1. If the property or part of it refundable was reflected in asset management or has been charged by law for use, these rights shall expire on the date on which the decision on return of expropriated real estate has become final. Provision of art. 90 paragraph 1. 2 shall apply mutatis mutandis.

2. Rent, lease, or lending of the return of real estate shall expire at the end of 3 months from the date on which the decision about the return of expropriated real estate has become final.

Article. 139. [the State of the returned property] Property expropriated shall be refunded in the State in which is situated on the day of her return.

Article. 140. [refund of compensation] 1. In the event of the return of expropriated real estate the previous owner or his heir returns the State Treasury or local government unit, depending on who is the owner of the property on the date of return set out in the decision of the compensation, as well as replacement property, if it was granted as compensation.

2. Financial compensation is subject to adjustment, except that its height after valuation subject to article. 217 paragraph. 2, must not be higher than the market value of the property on the day of the return, and if due to the type of real estate you can not determine its market value cannot be higher than the replacement value.

3. If the property expropriated part shall be reimbursed, the return amount of compensation shall be determined in proportion to the surface area of that part of the property.

4. in the event of a reduction or increase of the value of the property as a result of actions taken directly on the property after its expropriation, compensation, established pursuant to paragraph 1. 2, shall be reduced or increased by an amount equal to the difference of the value specified on the day of return. In determining the value of the property shall be the State of the real estate of the expropriation and the condition of the real estate of the return. No account shall be taken of the effects resulting from the conversion of the local plan and changes in the environment of the property. The provision of paragraph 1. 3 shall apply mutatis mutandis.

5. If the compensation was granted the property in addition to monetary supplement and replacement replacement property returns also this payment in the amount determined according to the rules referred to in paragraph 1. 2, except that the height of the zwaloryzowanej amount may not be higher than the difference between the value of the property returned and the value of the replacement property is specified on the day of return. In determining the value of the property does not take into account the effects arising from the conversion of the local plan and changes in the environment of the property. If you reduce or increase the value of the replacement property is used to aid in cash equal to the difference the value of this property is specified on the day of return.

6. Costs of proceedings for the return of property shall be borne by the State Treasury, respectively or the competent regional authority, depending on which of these entities is returned.

Article. 141. [the settlement] 1. Claims referred to in article 1. 140, may, at the request of the previous owner or his heirs, spread out, no longer than 10 years. the terms of rescheduling is determined in the decision about the return of expropriated real estate.

2. claims of the State Treasury or local government unit of of title referred to in article 2. 140, shall be subject to appropriate security. If the security is the establishment of a mortgage on the property, the decision to return is the basis for the entry of a mortgage in the land register.

3. the Instalment referred to in paragraph 1. 1, shall be subject to the interest rate with interest rate equal to rate of rediscounting of bills of Exchange used by the Polish National Bank.

4. The effects of delay or delay in the payment of dues shall apply mutatis mutandis the provisions of the civil code.

Article. 142. [the decision to return] 1. Return of expropriated property, return of the compensation, including a replacement property, and billing for return and refund dates rules starosta, performs a task from the scope of the Government, by way of a decision.

2. In the cases referred to in paragraph 1. 1, in which the party to the proceedings is a municipality or County, Mayor of the city of counties acting governors be excluded on the principles set out in Chapter 5 of the chapter and the code of administrative procedure.



Chapter 7 Participation in the costs of construction of technical infrastructure Article. 143. [construction of infrastructure devices] 1. The provisions of this chapter shall apply to the estate regardless of their type and location, if the device technical infrastructure have been built with the participation of the funds of the State Treasury, local government units, funds from the budget of the European Union or from foreign sources non-refundable, with the exception of the property in the plan to local agricultural and forestry purposes, and in the absence of a local plan for property used for agricultural and forestry purposes. Provision of art. 92 paragraph 1. 2 shall apply mutatis mutandis.

2. Construction equipment technical infrastructure means the construction of roads and the construction of the underground, on the ground or above the ground or water-supply equipment, plumbing, heating, electrical, gas and telecommunications.

Article. 144. [Fees adiacenckie] 1. Property owners participate in the costs of construction of technical infrastructure by providing for the municipality of adiacenckich charges.

2. the provision of paragraph 1. 1 shall also apply to the land registry, land users who on the basis of separate provisions are not required to lodge annual fees for the use of perpetual or, with the agreement of the competent authority, once payment of the annual fee for the entire period of usufruct.

Article. 145. [fixing of fees adiacenckiej] 1. Mayor, Mayor or President of the city may by decision determine the adiacencką fee each time after the creation of the conditions for connection to each device technical infrastructure or after the creation of the conditions for the use of the constructed road.

2. the decision to establish the adiacenckiej fees may occur within 3 years from the date of the creation of conditions to connect to individual devices technical infrastructure or from the date of the creation of conditions for the use of constructed road, if at the date of the creation of these conditions force resolution of the Municipal Council, referred to in article 1. 146 paragraph 1. 2. To determine the fees shall be the percentage referred to in the resolution of the Municipal Council in force on the date on which the conditions have been created to connect to individual devices technical infrastructure or on creation of conditions for the use of constructed road.

Article. 146. [Fees and the value of the property] 1. To determine the amount of the fee and adiacenckiej depend on the growth of the value of the property caused by the construction of devices of technical infrastructure.


1a. determination of the fees adiacenckiej follows after obtaining the opinion of the appraiser, specifying the value of the property.

2. The amount of the fee adiacenckiej is not more than 50% of the difference between the value of the property had prior to the construction of devices of technical infrastructure, and the value of that property is after their construction. Height adiacenckiej fee percentage rate shall be fixed by resolution of the City Council.

3. The value of the property to the State before the construction of the technical infrastructure and equipment after their construction is determined by the prices on the day of the decision to establish the fees adiacenckiej.

Article. 147. [accounting] 1. Charged adiacencka may be at the request of the owner of the property, spread over annual instalments payable within 10 years. the terms of rescheduling is determined in the decision on determining the fees. Payment of municipality is subject to protection, including through the establishment of a mortgage. The decision to establish the adiacenckiej fee is the basis for entry in the land register.

2. the Instalment referred to in paragraph 1. 1, shall be subject to the interest rate with interest rate equal to rate of rediscounting of bills of Exchange used by the Polish National Bank.

Article. 148. [settlement of charges] 1. Obligation fee adiacenckiej after 14 days from the date on which the decision to fix the fees became final. In the case of a distribution fee on the installment obligation applies to pay the first installment.

2. The effects of delay or delay in payment of charges adiacenckiej shall apply mutatis mutandis the provisions of the civil code.

3. The amount of the fee adiacenckiej fixed in the decision shall be subject to adjustment from the first day of the month following the month in which the decision has been issued, to the first day of the month in which the payment was made.

4. In determining the fee adiacenckiej, the difference between the value of that property is after the construction of infrastructure facilities, and the value it had before their construction shall be reduced by the value of the expenditure incurred by the owner or perpetual real estate for the construction of the individual devices of technical infrastructure.

Article. 148a. (repealed).

Article. 148b. [obligation to supply information] 1. Determine that you have created the conditions for connection to devices of technical infrastructure or conditions for use of built roads, on the basis of separate provisions.

2. The competent authorities of the municipality, property valuers sporządzającym opinions about the value of the property referred to in article 1. 146 paragraph 1. 1A, as well as persons liable to pay the adiacenckiej, the competent bodies are obliged to provide information on the findings referred to in paragraph 1. 1, that have been created the conditions for connection to devices of technical infrastructure or conditions for use of the built road, sufficient to establish the fee.



SECTION IV property valuation Section 1 determination of the value of the property Art. 149. [the provisions of chapter] the provisions of this chapter shall apply to all properties, regardless of their type, location, and purpose, and regardless of the subject property and the objective, with the exception of the determination of the value of the property in connection with the implementation of the law on merging and exchange of land.

Article. 150. [types of valuation] 1. As a result of the property valuation shall be made: 1) the determination of the market value;

2) determine replacement value;

3) cadastral value;

4) (repealed);

5) specify other types of values provided for in separate legislation.

2. The market value is determined for a property that is, or can be traded.

3. The value of odtworzeniową specifies for real estate, which due to the nature of the present use or destination are not, or may not, be the subject of a market, and if required by the special provisions.

4. The value of the real estate land-register reference shall be established for immovable property, referred to in the rules about the estate tax. Rules and mode of determining this value shall be governed by the provisions of Chapter 2 of this chapter.

5. Determine the value referred to in paragraph 1. 1 paragraphs 1 and 2 and in articles. 161 shall testers property, referred to in the provisions of Chapter 1, section V.

6. (repealed).

Article. 151. [market value and replacement property] 1. The market value of the property is most likely its price, possible to obtain on the market, referred to with regard to transaction prices for the adoption of the following assumptions: 1) the parties to the agreement were independent of each other, did not work in a situation of forced and had the firm intention to conclude the contract;

2) elapsed time required for the visibility property on the market and to negotiate the terms of the agreement.

2. Replacement value property is equal to the cost of it, taking into account the degree of wear.

3. The value of the real estate land-register reference is the value determined in the process of universal taxation of real estate.

Article. 152. [ways to specify the value of the property] 1. Ways to determine the value of the property, which is an approach for their valuation, depend on the adopted types of factors that affect the value of the property.

2. the property valuation shall be made using the approaches: comparative, or cost, or mixed, containing elements of previous approaches.

3. Using a comparative approach or income shall be the market value of the property. If existing conditions do not allow for a comparative approach or the income the fair market value of the property shall be a mixed approach. Using the cost approach shall be the value of the odtworzeniową property.

Article. 153. [the concept and types of approaches] 1. A comparative approach consists in determining the value of the property with the expectation that this value corresponds to the prices, what was achieved for similar real estate, which have been the subject of marketing. These price is corrected due to the differing characteristics of the real estate property like valued and shall take into account the changes in the level of prices as a result of the passage of time. A comparative approach is used, if known the price and characteristics of the property similar to the property being valued.

2. the income Approach involves determining the value of the property with the expectation that the buyer will pay the price for it, which make the anticipated income, what you get with the real estate. They are used in the valuation of real estate or which may bring income.

3. cost Approach involves determining the value of the property with the expectation that this value corresponds to the cost of it, less the value of the real estate consumption. The approach is determined separately the cost of land acquisition and replacement cost of its component parts.

Article. 154. [a selection of approaches and methods and techniques for estimating property] 1. Choosing the right approach and the methods and techniques for estimating the real estate appraiser shall, taking into account in particular the objective, nature and location of the property, in the local plan, the State of the real estate and the available data on prices, incomes and the characteristics of the real estate.

2. in the absence of a local plan purpose property shall be determined on the basis of a study of the conditions and directions of the zoning of the municipality or the decision of the zoning and land use.

3. In the absence of any study or decision referred to in paragraph 1. 2, account shall be taken of the actual use of the property.

Article. 155. [the data used in the valuation] 1. When estimating property uses all necessary and available data about real estate, included in particular: 1) registers;

2) the cadastre of real estate

3) records of military networks;

3A the ordinal numbering records);

3B) registers.

4) tables taksacyjnych and taksacyjnych maps that are created on the basis of article. 169.

5) local plans, studies of conditions and directions of the spatial planning of the municipality, the decisions of the zoning and land use and permits for construction;

6) lists conducted by tax authorities;

6a) documents held by the Agency, which the Treasury entrusted by laws, the exercise of the right of ownership and other rights in rem on its behalf;

6B) notarial acts held by housing cooperatives, concerning the disposal of co-operative rights to premises;

7) agreements, decisions, decisions and other documents which are the basis for entry in the land registry, records that are part of the cadastral sampling frame, and also in the lifts of worldwide operators estimated passed to the real estate cadastre;

8) certificate energy performance building, dwelling or part of the building forming an independent whole technical provisions.

2. Used in the sampling frame the estimated data certified by an expert matrimonial property may be in the form of extracts and obtainment of documents or registers referred to in paragraph 1. 1.3. The competent authorities, the agencies referred to in paragraph 1. 1 paragraph 6a, housing associations, courts, and tax offices are obliged to make firm financial data referred to in paragraph 1. 1.


4. The valuation of property for relating in particular to deprivation or restriction of the rights to real estate, as well as their weights and public benefits, including taxes, real estate appraiser acting on behalf of the public administrations or courts have the right to access to the property subject to valuation and make the necessary activities related to the real estate estimation.

Article. 156. [reviews from testers] 1. Real estate appraiser shall be drawn up in writing opinion about the value of the property in the form of appraisal.

1a. A public authority, which commissioned the testers is means tested to draw up an appraisal, is obliged to allow the person whose legal interest affected by its contents, view of the sampling frame and the drafting of the notes, and copies of them. The person may require authentication, drawn up by each other copies of appraisal or release its appraisal of certified copies, unless it is justified by important interest of that person.

2. the appraiser is not responsible for the use of the sampling frame without your consent for purposes other than the purpose for which it was drawn up.

3. Tour estimated may be used for the purpose for which it has been drawn up, for a period of 12 months from the date of its preparation, unless there were changes to the legal conditions or significant changes to the factors referred to in article 1. 154.4. Operat estimated can be used after the expiry of the period referred to in paragraph 1. 3, after confirmation of news by an expert. Confirmation of the news by the sampling frame specify this clause in the sampling frame estimated by an expert, which it drew up.

5. the provisions of paragraphs 1 and 2. 3 and 4 shall not affect the provisions under the regulations to separate.

Article. 157. [Divergence in opinions] 1. The assessment of the correctness of preparation of appraisal shall be made professional organization of valuers in not later than 2 months from the date of the agreement to make this assessment, having regard to the following principles: 1) professional organization shall appoint a panel composed of at least 2 valuers;

2) may not take part in the evaluation of the property appraiser, to which there are the conditions mentioned in article 3. 24 of the administrative procedure code or other conditions that could raise reasonable doubt as to their impartiality.

1a. Operat estimated, in respect of which a negative assessment was released, from the date of issue of this assessment loses reviews real estate values nature, referred to in article 1. 156 paragraph 1. 1. From the date of issue of the negative evaluation of the professional organisation has published for a period of 12 months on their website about this assessment.

2. The drawing up by another financial expert valuation of the same property in the form of appraisal may not provide a basis for assessing the correctness of preparation of appraisal as referred to in paragraph 1. 1.3. Where the tour estimated has been drawn up by persons appointed or laid down by the Court, a sampling frame may request only.

4. the provisions of paragraphs 1 and 2. 1 to 3 shall apply mutatis mutandis in the case of divergent worldwide operators estimated that determine the value of the same property for the same purpose.

Article. 158. [transfer of worldwide operators estimated] Testers property shall provide, taking into account article. 175 paragraph 1. 3, the authorities of leading real estate cadastre extracts made by each other worldwide operators estimated, containing the term to the valuation, real estate descriptions and their values, within 3 months from the date of their preparation.

Article. 159. [Delegation], the Council of Ministers shall determine, by regulation, types of property valuation methods and techniques, ways to specify the value of the property, the value of input and the damage on the property and method of preparation, the form and content of appraisal, taking into account: 1) ways to specify property values using different approaches, methods and techniques;

2) ways to specify property values for a variety of purposes;

3) ways to specify the value of the property as an object of various rights;

4) ways to specify the value of the property, depending on their type and destination;

5) the types of investment in real estate;

6) data, which should include a tour and his confirmation estimate news;

7) conditions for determining the market value of the property in a mixed approach.



Chapter 2 Common taksacja real estate Article. 160. [the provisions of chapter] the provisions of this chapter shall apply to the property for which shall be determined by the value of the land-register reference.

Article. 161. [Common taksacja property] 1. General taksacja real estate is to cadastral value of real estate and is carried out, based on this Act and rules, the bodies carrying out cadastre of real estate.

2. The value of the real estate land-register reference shall be determined on the basis of the estimation of real estate representative for different types of real estate in the area of the municipality. To determine the value of this property applies the provisions of Chapter 1 of this section. The value of the property the representative shall be determined using the transaction prices of real estate in the area of the municipality, and in the absence of a sufficient number of transactions within the municipalities.

3. Steps for estimating the real estate representative in order to determine the value of cadastral, and in order to draw up maps of the taksacyjnych and taksacyjnych tables, perform property appraiser.

Article. 162. [cadastral Values] 1. Cadastral value, laid down in the universal process of the taxation of real estate, should take into account the differences that occur between real estate and close up to the market value of the obtainable by applying rules adopted for mass valuation.

2. the cadastral Value is used to determine the taxable real estate tax, as well as within the scope of this Act or the provisions of separate laws, when determining the value of the property owned by the State Treasury or local government unit, or in the performance of official activities, for which the implementation, it is necessary to specify the value of the property.

Article. 163. [how to carry out the universal taxation] 1. The universal taksację of real estate shall be carried out periodically. In the commencement and completion of the general taxation of real estate, as well as the source of its funding, will determine a separate Act.

2. In the yearly dividing conducting subsequent common taxation real estate established in the outcome of the previous general taxation cadastral values are revalued using the real estate price indices, referred to in article 1. 5.3. The Municipal Council may decide to carry out at the expense of the municipality of general taxation of real estate during the period between the time limits laid down in the Act referred to in paragraph 1. 1, but not more frequently than every 3 years.

Article. 164. [cadastral valuation] 1. The basis for the cadastral valuation of individual real estate maps taksacyjne and taksacyjne tables.

2. The value of the real estate land-register reference shall be fixed for the whole property or parts thereof, if they have been extracted as objects of taxation in the rules about the estate tax.

3. If the property is situated on the territory of more than one municipality, the value of the land-register reference shall be determined separately for each part of the immovable property located in each of these municipalities.

4. If you want to use several approaches in order to determine the value of the cadastral the same real estate, the value shall be determined separately for each part of the property, which uses a separate approach.

Article. 165. [cadastral value of real estate] the value of the land-register reference land cadastral value of the land and cadastral value of its component parts.

Article. 166. [Individual values land] 1. In order to determine the value of the cadastral land shall be determined for the extracted, due to similar factors affecting market value, unit value of land located in these zones.

2. the Unit value of the land in separate zones are the lists of these zones, which form an integral part of the map taksacyjnych.

3. The value of the land-register reference of the land shall be determined as the product of the surface shown in the cadastre of real estate and the unit values referred to in paragraph 1. 2. Article. 167. [Individual values of surface components of the land] 1. In order to determine the value of the cadastral components of land shall be the individual values of the surface of these components in groups, having regard to their location and the differences between them.

2. the Unit value of the surface of the soil components in separate groups is reported in tables taksacyjnych.

3. The value of the land-register reference of the component parts of the land shall be determined as the sum of the cadastral value of individual objects that make up these parts. The value of the land-register reference of each object is determined as the product of the surface shown in the cadastre of real estate and the unit value reported in tables taksacyjnych.


4. the provisions of paragraphs 1 and 2. 1-3 shall apply mutatis mutandis to the buildings and premises which are a separate item of property.

Article. 168. [re-fixing cadastral value] the provisions of art. 166 and 167 shall apply also in the event of the need to determine the value of cadastral after universal taxation of real estate.

Article. 169. [body cadastre of real estate] 1. Taksacyjne maps and tables taksacyjne draws up a body real estate cadastre based on the estimation of real estate representative, made by the valuers.

2. Body land real estate, in agreement with the relevant territorial Mayor, Mayor or city President, Professor maps taksacyjne and taksacyjne tables for public inspection for a period of at least 21 days. About the suit shall be in the form of the notice and in the local press, and as is customary in the particular location, specifying the place and date of the lining along with the instruction on the possibility to raise objections.

3. Anyone whose legal interest applies to findings of maps and tables taksacyjnych, may during the period of presenting a report to them.

4. Body land real estate considers the reported allegations and presents it to the Council of the municipality for the location property, together with a proposal for a settlement, including maps and tables taksacyjne. The Municipal Council shall give effect to the resolution on the official maps, taksacyjnym and taksacyjnym tables, which also decides on how to attend to the reported allegations.

5. The discontented with the way settlement reported allegations shall be entitled to appeal to the administrative court.

6. Resolution of the Municipal Council on the power of the official maps taksacyjnym and taksacyjnym tables are subject to the notice in the provincial Gazette.

Article. 170. [the decision to determine the value of the cadastral] 1. Body land ruled by a decision, to fix the value of the real property cadastral and its entry in the cadastre of real estate.

2. The decision referred to in paragraph 1. 1, shall be subject to immediate execution.

3. the cadastral value of real estate based on existing maps and tables taksacyjnych, entered in the cadastral area of real estate, from the date of entry of the data output.

4. The value referred to in paragraph 1. 3, can be updated at the request of the owner or perpetual and another person, on which the tax obligation, as well as from the Office, on the basis of an individual assessment of the property. The provisions of paragraph 1. 1 and 2 shall apply mutatis mutandis.

Article. 171. [obligations of owners] 1. The persons referred to in art. paragraph 170. 4, are required to provide to the authority conducting the cadastre of real estate documents and information about the property, necessary to carry out the universal taxation of real estate.

2. in the event of non-delivery of the documents and information referred to in paragraph 1. 1, the leading real estate cadastre, after investigation, sets the value of the land-register reference this property on the basis of the available information and documents.

Article. 172. [Universal Control taxation] 1. The Supreme authority of the State administration, the competent in matters of real estate cadastre shall be carried out every year on selected areas of universal control taxation of real estate.

2. The results of the checks referred to in paragraph 1. 1, may give rise to the conduct of the next universal taxation of real estate in all areas.

Article. 173. [Delegation], the Council of Ministers shall determine, by regulation, how to carry out the universal taxation of real estate, having regard to: 1) the scope of information required in carrying out the taxation;

2) features real estate affecting the value of the land-register reference;

3) real estate data sources for the general taxation;

4) the method of determining the cadastral value;

5) end of the universal taxation;

6) the manner and terms of the audit universal taxation of immovable property;

7) types and designs of the documents used in carrying out the universal taxation, and how their preparation.



Chapter 3 Research real estate Article. 173A. [periodic] 1. The competent Minister of construction, a local planning and zoning and housing shall make periodic market research real estate with a focus on real estate intended for or used for housing. The test applies to the value of the property, real estate transaction prices, rents and real estate.

2. on the basis of the tests referred to in paragraph 1. 1, the competent minister of construction, the local planning and land-use planning and housing at least once in the year develops analysis and comparisons with the real estate market. Analysis and listings are provided free of charge to public administrations and entities who share their real estate information useful to the development of these analyses and statements or suffered acquisition costs of these information. In other cases, the sharing of analyses and statements followed by a fee, according to the development costs incurred. Sharing can take the form of electronic online.

Article. 173b. [access to information] public authorities with information about the real estate market and, in particular, the authorities of the official statistics that statistical information on, and the time periods specified in the surveys and the authorities competent in matters of real estate cadastre are obliged to share access to the Minister competent for construction, local planning and zoning and housing information about the real estate market.

Article. 173c. [real estate information] for information about the real estate market, referred to in article 1. 173b, understands the information concerning, in particular, the value of the property, real estate transaction prices, rents and real estate.



Section V of the professional activities in the field of real estate management Chapter 1 economic Valuations Art. 174. [the concept of Expertising property] 1. Property valuations is the professional activities carried out by experts on the principles set out in this Act.

2. Property Appraiser is a natural person with powers in terms of estimating real estate, given in Chapter 4 of this chapter.

3. the appraiser shall determine the value of the property, as well as machinery and equipment permanently connected with immovable property.

3A. the appraiser can make development and expertise, not forming appraisal on: 1) the real estate market and advice on the market;

2) real estate investment efficiency and their development;

3) financial impact of the adoption of or changes in local plans;

4) determination of the subject of the separate property of the premises;

5) mortgage lending mortgage value of the property;

6) for determining the value of the property for an individual investor.

7) property valuation in investments within the meaning of the provisions on accounting;

8) property valuation as a fixed assets of units within the meaning of the accounting Act.

3B. On the date of entry in the central register of valuers person referred to in paragraph 1. 2, acquires the right to pursue the career of and use the professional title "certified appraiser". The professional title "valuer" shall be protected by law.

4. Court experts from a range of estimation of real estate shall be appointed or established from among persons having powers in the field of real estate estimation, given in Chapter 4 of this chapter.

5. Real estate appraiser may not refuse to perform the function of an expert.

6. the pursuit of the activities of the estimation of real estate on the territory of the Republic of Poland is possible, where the real estate estimation activities will be performed by valuers.

7. Real estate appraiser performs the profession: 1) leading in his own name business autonomously or as part of the partnership in terms of estimating real estate, or 2) within the framework of the employment relationship or contract of civil law in entity carrying out activities in the field of real estate estimation.

8. (repealed).

9. the provisions of paragraphs 1 and 2. 7 and 8 do not apply to court experts performing the valuation on the order of the Court.

Article. 175. [obligations of the testers] 1. Real estate appraiser is required to perform the activities referred to in article 1. 174 paragraphs 1 and 2. 3 and 3a, in accordance with the principles deriving from the law and professional standards, with special care for the occupational nature of these activities and to the rules of professional conduct, guided by the principle of impartiality in the valuation of real estate.

2. Real estate appraiser is committed to constant improvement of professional qualifications.

3. information obtained by an expert matrimonial property in connection with the exercise of the profession is secret. In particular, the information obtained in the course of the exercise of professional activities may not be passed on to third parties, unless separate rules provide otherwise or in the cases referred to in article 1. 157. 194. 195. 195a.


4. The trader established, referred to in article 1. 174 paragraphs 1 and 2. 3 and 3a, is subject to compulsory insurance of civil liability for damage caused in connection with the performance of the contract of which it is a party, and which are indicated in the article. 174 paragraphs 1 and 2. 3 and 3a. If you perform it with the help of the appraiser of the trader contract of employment or contract of cywilnoprawną, it is also civil liability for damage caused to the operation of that person.

5. the competent Minister of financial institutions in consultation with the competent Minister for housing, local planning and land-use planning and housing, after obtaining the opinion of the Polish Chamber of Insurance, shall determine, by regulation, the detailed scope of the compulsory insurance, referred to in paragraph 1. 4, the term liability insurance and the minimum guarantee amount, taking in particular into account the specificities of their profession and the scope of ongoing tasks, and how the recognition of insurance and professional guarantees issued in the Member States referred to in article 1. 13 paragraph 1. 1 of the Act of 2 July 2004, the freedom of economic activity (Journal of laws of 2007, # 155, item 1095, as amended).

6. Professional standards determine the professional organizations of valuers in consultation with the competent Minister for housing, local planning and zoning and housing. Message about the appointment of professional standards shall be included in the official journal of the Minister responsible for construction, local planning and zoning and housing.

Article. 176. [Disable testers] appraiser be excluded from participation in estimating the real estate, if there are conditions listed in the article. 24 of the administrative procedure code.

Article. 177. [Qualified testers] 1. Permissions in terms of estimating real estate suitable to a natural person who: 1) you have the full legal capacity;

2) has not been convicted for an offence against the activities of State and local government, for a crime against justice for an offence against the credibility of the documents, a crime against property, for an offence against the trafficking of economic crime against revolution money and securities or tax offence;

3) has a university degree;

4) postgraduate in valuation of real estate;

5) took place at least 6-month professional practice in the field of real estate valuation;

6) passed successfully the qualification procedure, this made the exam gives the power to estimate the real estate.

1a. The course of professional practice referred to in paragraph 1. 1, paragraph 5, is logged in the professional practice. Candidate for property appraiser shall bear the fee Edition of the journal of professional practice, in the amount not exceeding 3% of the amount of the average monthly wage in the national economy in the year preceding edition of the journal of professional practice, issued by the President of the Central Statistical Office on the basis of the law of 17 December 1998 on pensions and pensions from the social insurance fund.

2. the obligation referred to in paragraph 1. 1 paragraph 4, does not apply to a person who has graduate with a degree that allows you to acquire the knowledge and skills in the field of valuation of real estate in the same way as graduate program in the field of real estate valuation, as attested by the Diploma Supplement or a certificate.

2A. (repealed).

2B. the obligation referred to in paragraph 1. 1, paragraph 5, does not apply to a person who: 1) held a practice in valuation of the property covered by the program of study in one semester, provided that the practice was carried out on the basis of the contract concluded between the practices of the University and the professional organisation of valuers, or 2) has documented two years ' professional experience in a position related to the valuation of real estate.

3. (repealed).

Article. 178. [Professional Responsibility] 1. Appraiser niewypełniający responsibilities referred to in article 1. 158. 175 paragraph 1. 1, 3 and 4 shall be subject to professional liability.

2. the appraiser may be granted, in respect of professional liability, the following disciplinary penalties: 1) a warning;

2) reprimand;

3) suspension of professional rights for the period from 3 months to 1 year;

4) suspension of professional rights until the submission of the test with a positive result;

4A) disqualification from the Professional with the ability to re-apply for their giving;

5) disqualification from the Professional with the ability to apply for their giving after 3 years from the date of their deprivation.

2A. (repealed).

2B. (repealed).

3. Disqualification from professional is also in the case of: 1) loss of legal capacity;

2) a conviction for an offence referred to in article 1. 177 paragraphs 1 and 2. 1 point 2;

3) legal profession ban appraiser;

4) legal prohibition of economic activity in terms of real estate estimation.

4. (repealed).

5. Disqualification from professional referred to in paragraph 1. 3, on the basis of a final decision of a court. A person affected by a decision of the Court, shall be immediately informed of the incident, the Minister responsible for construction, local planning and zoning and housing.



Chapter 2, real estate Mediation Article. 179. (repealed).

Article. 180. [Rules of mediation] 1. (repealed).

1a. (repealed).

2. (repealed).

3. the scope of real estate intermediation activity specifies the agreement. The agreement requires the written form under the pain of nullity.

3A. (repealed).

4. (repealed).

5. (repealed).

6. (repealed).

7. (repealed).

8. (repealed).

Article. 181. [compulsory insurance broker] 1. (repealed).

2. (repealed).

3. Estate Agent is subject to compulsory insurance of civil liability for damage caused in connection with using real estate agents. If the estate agent performs these steps with the help of other persons acting under his supervision, it is also civil liability insurance for damage caused to these persons.

4. the competent Minister of financial institutions in consultation with the competent Minister for housing, local planning and land-use planning and housing, after obtaining the opinion of the Polish Chamber of Insurance, shall determine, by regulation, the detailed scope of the compulsory insurance, referred to in paragraph 1. 3, the term liability insurance and the minimum guarantee amount, taking in particular into account the specificities of their profession and the scope of ongoing tasks, and how the recognition of insurance and professional guarantees issued in the Member States referred to in article 1. 13 paragraph 1. 1 of the Act of 2 July 2004, the freedom of economic activity.

5. (repealed).

6. (repealed).

Article. 182. (repealed).

Article. 183. (repealed).

Article. 183a. (repealed).



Chapter 3 property management Article. 184. (repealed).

Article. 185. [management] 1. (repealed).

1a. (repealed).

1B. (repealed).

1 c. (repealed).

2. Property Manager works under a contract of property management, concluded with its owner, the community housing or another person, or organizational unit, which shall have the right to real estate, with legal effect immediately for this person, or organizational unit. The agreement requires the written form under the pain of nullity.

3. (repealed).

4. (repealed).

5. (repealed).

Article. 186. [compulsory insurance managers] 1. (repealed).

2. (repealed).

3. Property Manager is subject to compulsory insurance of civil liability for damage caused in connection with the management of the property. If the property manager performs the steps with the help of other persons acting under his supervision, it is also civil liability insurance for damage caused to these persons.

4. the competent Minister of financial institutions in consultation with the competent Minister for housing, local planning and land-use planning and housing, after obtaining the opinion of the Polish Chamber of Insurance, shall determine, by regulation, the detailed scope of the compulsory insurance, referred to in paragraph 1. 3, the term liability insurance and the minimum guarantee amount, taking in particular into account the specificities of their profession and the scope of ongoing tasks, and how the recognition of insurance and professional guarantees issued in the Member States referred to in article 1. 13 paragraph 1. 1 of the Act of 2 July 2004, the freedom of economic activity.

5. (repealed).

6. (repealed).


Article. 186A. [transfer of information to the authorities of the municipality] property manager shall transmit to the executive authorities of the municipality of proper due to the location of the real estate data on rents, rental dwellings, in conjunction with the location, age of the building and its technical condition and surface use of the premises and its standard, resulting from lease agreements, managed by it, within the time limits and according to the formula specified in separate regulations.

Article. 187. (repealed).

Article. 188. (repealed).

Article. 189. (repealed).

Article. 190. (repealed).



Chapter 4 of professional property valuers empowerment and making entries to a central registry and to rule in matters of professional liability Art. 191. [Broadcast permissions] 1. The competent Minister of construction, a local planning and zoning and housing suitable for professional permissions in terms of estimating real estate, people who have met the requirements referred to in article. 177.2. (repealed).

3. Meet the requirements referred to in paragraph 1. 1, the State qualifying Commission in the qualifying procedure.

3A. the request for permission in terms of estimating real estate is subject to examination within a period not longer than two months from the date of initiation of the procedure qualification. To the application for permission in terms of estimating the real estate shall be accompanied by documents in the form of the original, a certified copy or as a certified translation, confirming fulfilment of the requirements referred to in article 3(1). 177 paragraphs 1 and 2. 1.3b. If you find the need to supplement the application, the body calls on the applicant to complete the application within seven days from the date of receipt of the request. Nieuzupełnienie application within causes leave application without recognition. In the case of additions to the application it is headed for the first qualification proceedings taking place after the date of supplement application, unless it is possible to refer the application to the qualifying procedure, the date has been indicated in the request. The period referred to in paragraph 1. 3A, shall be counted from the date of the qualifying procedure, on which the request was addressed.

3 c. If the qualification in the course of the proceedings on the basis of the documents submitted, it is not possible to determine whether a candidate meets the conditions of article 81(3). 177, the Chairman of the selection panel in consultation with the State Qualifying Commission Vice-President makes a request to the Minister about the recourse to the appropriate authorities, institutions or persons for information necessary to complete this procedure. The period referred to in paragraph 1. 3A, shall be suspended until the date of the receipt of the additional explanations.

3D. The provisions of paragraph 1. 3 c shall not apply to the conditions referred to in article 1. 177 paragraphs 1 and 2. 1 paragraphs 1 and 2.

3E. the examination of the application referred to in paragraph 1. 3A, can be extended only once. An extension of the deadline may not exceed two months.

4. the competent Minister of construction, a local planning and zoning and housing appoints and dismisses by Decree, the State Qualification, consisting of representatives of the Minister of (3/5 members) and persons indicated by the professional organizations of valuers (2/5 members).

5. qualification Procedure shall be carried out at the expense of the applicants for professional permissions. The costs are covered by the payment of the fee for the qualification procedure.

6. The amount of the fee for the qualification procedure must not be higher than the amount of the average monthly salary in the year preceding the qualifying procedure, issued by the President of the Central Statistical Office on the basis of the law of 17 December 1998 on pensions and pensions from the social insurance fund.

7. the members of the State Commission for Interview shall be entitled to compensation for carrying out a qualifying procedure.

8. the competent Minister of construction, a local planning and zoning and housing will determine by regulation: 1) the amount of the fee for the qualification procedure, to cover the costs of the procedure qualification and the expenditure related to the functioning of the State Commission for the qualifying, the download mode and cases to justify the refund of this fee, as well as its mode of return, taking into account the stages and timing of the qualifying procedure;

2) the amount of remuneration the members of the State Commission for the qualifying, having regard to the number of people joining the qualifying procedure and how to carry out the qualification procedure.

Article. 192. [testimony] Give permission in terms of estimating real estate concluded testimony. Denied a professional is by way of a decision.

Article. 193. [Entry to central records] 1. The competent Minister of construction, a local planning and zoning and housing leads a central register of valuers.

2. The central register referred to in paragraph 1. 1 part of the people, which was given the powers of professional valuers on the basis of certificates granting those permissions.

3. In the register referred to in paragraph 1. 1, also part of the citizens of the Member States of the European Union, which, under the terms of the Act of 18 March 2008 on the basis of the recognition of professional qualifications acquired in Member States of the European Union (OJ No 63, item 394), was considered to be acquired in those countries qualified to exercise the profession appraiser.

4. In the central registry shall enter the following data on persons who have been given permissions: 1) the serial number of the alert;

2) the date of entry;

3) first and last name;

4) names of parents;

5) date and place of birth;

6) home address;

7) education;

8) SOCIAL SECURITY number;

9) identity document number of a national of a Member State of the European Union;

10) the number of the reference;

11) information about the sentences disciplinary penalties referred to in article 1. 178 paragraph 1. 2, as well as information about the deprivation of privileges for the reasons referred to in article 1. 178 paragraph 1. 3;

12) information about the deletions from the record and the reasons for the cancellation.

5. Deletion from the register of persons who have been given permission, in the case of: 1) suspension of the powers referred to in article 2. 178 paragraph 1. 2 paragraph 3 and 4;

2) deprivation of rights referred to in article 2. 178 paragraph 1. 2 paragraph 4a and 5;

3) deprivation of rights referred to in article 2. 178 paragraph 1. 3;

4) death.

6. In the event of a judgment of the disciplinary penalty referred to in article 1. 178 paragraph 1. 2 paragraph 3, re-registration takes place at the request of the person by suffering after the expiry of a period of pronounced disciplinary penalty. In the event of a judgment of the disciplinary penalty referred to in article 1. 178 paragraph 1. 2 paragraph 4, re-registration after reassembly of the exam with a positive result.

7. In the event of a judgment of the disciplinary penalties referred to in article 1. 178 paragraph 1. 2 (1) and (2) bridge the penalty is at the request of the person by suffering the after 1 year of its implementation.

8. In the event of a judgment of the disciplinary penalty referred to in article 1. 178 paragraph 1. 2 section 3 of the blurring of the penalty is at the request of the person by suffering the after 2 years from the end of the sentence.

9. in the event of smearing disciplinary penalty about this penalty shall be deleted from the central registry.

10. Extracts from the register, with the exception of the data listed in paragraph 1. Article 4, point 5, 8, 9, 11 and 12 shall be subject to the notice in the official journal of the Minister responsible for construction, local planning and land-use planning and housing, and a publication on the Web pages of the Office hosts the Minister.

11. The notice referred to in paragraph 1. 10, are also subject to changes in the registry.

12. On a reasoned request of a Member State within the meaning of article 3. 2. 1 section 4 of the Act of 4 March 2010 on the provision of services on the territory of the Republic of Poland (Journal of laws No. 47, item 278, as amended), the competent minister of construction, a local planning and zoning and housing provides the data referred to in paragraph 1. 4, to the extent indicated in the application, by notifying the financial expert, whose data have been made available.

Article. 193a. (repealed).

Article. 194. [decisions of disciplinary penalties] 1. (repealed).

1a. professional liability Proceedings shall be initiated by the competent minister, the local planning and land-use planning and housing, subject to the provisions of paragraph 2. 1B and 1 c. After initiation, the minister shall refer the matter to the professional liability Commission in order to carry out the investigation.

1B. in the case when the case concerns individuals appointed or laid down by the Court, the proceedings in respect of professional liability shall be initiated only as a result of a complaint lodged by the Court.

1 c do not initiate proceedings in respect of professional liability, if the date of receipt by the Minister responsible for construction, local planning and zoning and housing information ozaistnieniu circumstances which may serve as a basis for professional liability 3 years have elapsed from the date of the occurrence of these circumstances.


2. Investigation of carrying out the obligations referred to in article 1. 158. 175 paragraph 1. 1, 3 and 4, the Commission carried out professional liability.

3. the competent Minister of construction, a local planning and zoning and housing appoints and dismisses by Decree, the professional liability Commission with the participation of the persons identified by the professional organisations of valuers.

4. The costs of the proceedings in respect of professional liability are covered from the funds of the State budget that are at the disposal of the Minister responsible for construction, local planning and zoning and housing.

Article. 195. [the investigation] 1. Investigation procedure mentioned in article 1. 194 is carried out with the participation of the person against whom proceedings have been initiated in respect of professional liability. Unjustified failure to appear shall not prevent the investigation. In the case of twice the professional liability Commission absent justified shall carry out investigation.

2. The person referred to in paragraph 1. 1, may establish a defender or request the appointment of a defender of its own motion. Defender of the established or designated Office shall be entitled to participate in the investigation.

3. the competent Minister of construction, a local planning and zoning and housing shall be determined, by Ordinance, a list of defenders of the Office, with the participation of the persons identified by the professional organisations of valuers.

4. the professional liability Commission, under the authority of the Minister responsible for construction, local planning and land-use planning and housing, may return to the bodies of public administration, criminal justice and other institutions and individuals for information necessary for the conduct of the investigation.

Article. 195a. [the application of disciplinary penalty or adjudicate] 1. The competent Minister of construction, the local planning and land-use planning and housing, on the basis of the results of the investigation, ruled by a decision, to apply one of the disciplinary penalties referred to in article 1. 178 paragraph 1. 2, or to discontinue the proceedings in respect of professional liability.

2. In the cases referred to in article 1. 127 § 3 of the code of administrative procedure, the competent minister of construction, a local planning and zoning and housing may withdraw from the matter to the professional liability Commission in order to carry out the investigation.

3. implementation of the decision referred to in article 1. 138 of the administrative procedure code, after 14 days from the date on which the expired term unsuccessfully to bring an action against the decision to the administrative court. In the case of a complaint to the Administrative Court, the competent minister of construction, a local planning and zoning and Housing Authority suspends the execution of the decision, by way of the provisions, which do not have a complaint.

Article. 196. [programmes] 1. Postgraduate programmes, referred to in article 1. 177 paragraphs 1 and 2. 1 paragraph 4, shall take into account at least the minimum software requirements determined by the Minister responsible for construction, local planning and zoning and housing.

2. (repealed).

3. the competent Minister of construction, a local planning and zoning and housing shall determine, by regulation, the minimum requirements for postgraduate in valuation of real estate, including the duration of the study, the General Programme and the specific programme of postgraduate studies, taking into account the subject of the lectures and the minimum number of hours their duration, taking into account the qualifications and skills should be graduates of the necessary for the proper and fair exercise of professional activity in this regard.

Article. 196a. (repealed).

Article. 197. [Delegation] the competent Minister of construction, the local planning and land-use planning and housing, with a view to ensuring a fair, reliable and efficient check of preparing candidates for valuers and provide an objective assessment of the complaints against the activities of persons who have been given permission, and also having regard to the actual costs of the proceedings in respect of professional liability, shall determine by regulation: 1) the manner and conditions of professional practice in the field of real estate estimation , rules of organisation of these practices, their program, the maximum fee for the practice of not more than 50% of the amount of the average monthly salary in the business sector of the quarter preceding the quarter in which the alert, announced by the President of the Central Statistical Office, and how to document the completion of professional practice, including professional practice log and the amount of the fee for his release that includes the cost of its release;

2) the manner and mode of carrying out the qualification procedure, the method of determining and types of costs of the proceedings, the Organization of the State Commission for the qualifying and the rules of its operation;

3) model certificates of professional privilege in terms of estimating real estate;

4) the conduct of the central register of valuers;

5) procedure for issuing duplicates of professional certificates in case of losing them;

6) (repealed);

7) (repealed);

8) the manner and methods of procedure in respect of professional liability, types and types of costs of the proceedings, the organisation of the professional liability Commission and terms of its operation, the amount of remuneration of the members of the Committee and ex-officio defenders, professional liability and how to determine.



SECTION VI of the penal legislation Article. 198. [penal] 1. Who runs: 1) without the permission of professional activity in the field of Expertising property to determine the value of the property, as well as machinery and equipment permanently connected with immovable property, 2) (repealed), 3) (repealed) – shall be punishable by detention, restriction of liberty or a fine.

2. The same penalty shall be subject to the operator of an activity referred to in article 1. 174 paragraphs 1 and 2. 6, which entrusts the execution of activities referred to in paragraph 1. 1 the person does not have the powers set out in paragraph 1. 1.3. To rule in cases of acts referred to in paragraph 1. 1 and 2, in the provisions of the code of conduct in cases of misconduct.



Article. 198a. [exclusion of application of the provisions of the Act] Provision art. 198 paragraph 1. 1 paragraph 1 shall not apply to entities within the meaning of the provisions of article 4. 2. 1 point 2 (a). (a) and (b) of the Act of 4 March 2010 on the provision of services on the territory of the Republic of Poland.



SECTION VII transitional provisions, changes in regulations and final provisions Chapter 1 transitional provisions Art. 199. [property acquired after February 1, 1989.] 1. Property acquired by the State legal persons after the entry into force of the Act of 31 January 1989 amending the law – civil code (Journal of laws No. 3, item 11), it is after February 1, 1989, are from the date of purchase the property of these people.

2. the Executive Board of the real estate owned by the State Treasury and the property of the municipality, shall be held on the date of entry into force of this Act by the organizational units, converts to this day in the sustainable management of these properties.

Article. 200. [validation policies for acquisition under the laws of some property] 1. In matters of finding acquisition, by operation of law, under the Act of 29 September 1990 amending the law on the land economy and preemption real estate (Journal of laws No. 79, item. 464, 1991, no. 83, item 373, 1992, # 91, poz. 455, 1994, no. 51, item 201, no. 80, item 369, no. 84, item 384 and # 123 , item. 601, 1996 # 5, item. 33 and 1997 No. 106, item. 675), on 5 December 1990. the rights of usufruct of land and ownership of the buildings, other devices and by the State and municipal legal entities and a Bank of food that had this on land on the Board, are not completed before the date of entry into force of this Act, the following rules shall apply: 1) the acquisition of ownership of the buildings, other devices and is followed by a fee, if these objects were not built or acquired from own resources these people or their predecessors;

2) acquisition of perpetual usufruct and ownership of the States by a decision of the Governor, in relation to the property owned by the State Treasury or mayor, Mayor or President of the city-in relation to property owned by the municipality;

3) the decision referred to in paragraph 2, shall be determined by the terms of use perpetual, subject to the rules referred to in article 1. 62 of the Act and in art. 236 of the civil code, and the amount payable for the acquisition of ownership, as well as how to secure the claims referred to in paragraph 1. 2;

4) towards the purchase price of property referred to in paragraph 3, include the zwaloryzowane charges incurred in respect of the Board of Directors of buildings, other equipment and premises; on the acquisition of perpetual usufruct is the first charge.


2. Claims arising out of the acquisition of ownership of the buildings, other equipment and premises by persons referred to in paragraph 1. 1, subject to securing the hipotecznemu on use or usufruct land or separate parts of the land which they have acquired. Mortgage arises on the date of entry in the land register. Entry of a mortgage is after the expiration of the term for the satisfaction of claims, designated in the decision referred to in paragraph 1. 1 point 2. By securing the mortgage shall apply mutatis mutandis the rules on registers and mortgage, subject to the following rules: 1) the entry of a mortgage is the decision referred to in paragraph 1. 1 point 2;

2) claims are subject to a mortgage at the time of payment of valorisation according to rules upon return of expropriated real estate and are not subject to interest rate;

3) in the event of sale, rental, lease or other real estate available for consideration, or parts thereof, for which the mortgage collateral claims, the claim becomes immediately due in part equal to the benefit obtained from this title; for these benefits are considered income less any costs associated with the conclusion of the contract;

4) in the event of the establishment of a separate property dwelling, taking part in the use of land in perpetuity, and co-ownership of the common parts of a building associated with this property are free of a mortgage;

5) (repealed).

3. Claims arising out of the acquisition of ownership of the buildings, other devices and terminate: 1) transformation of the State enterprise into a company with the sole participation of State or municipal enterprise transformation in a single company of the municipality;

2) issue orders to privatize the direct on the basis of the law of 30 August 1996 on the commercialisation and privatisation (Journal of laws of 2002 No. 171, poz. 1397, as amended).

4. Acquisition of ownership and usufruct rights, referred to in paragraph 1. 1 and 2, may not infringe the rights of third parties.

5. Recovery of royalties referred to in paragraph 1. 2 paragraph 3, lead the competent authority.

Article. 201. [the application of the provisions of article 200] 1. The provisions of article 4. 200 shall apply mutatis mutandis to the created with effect from 1 May 1991, 1 July 1991 and 1 January 1992 on the basis of the orders of the Minister of transport and maritime economy of State-owned enterprises, which have developed under the law, in accordance with the law of 25 March 1994 amending the law on amending the law on the land economy and preemption real estate (Journal of laws No. 51 , item. 201), the date of their entry in the register of State enterprises the right to perpetual usufruct of land and property in these buildings, other equipment and premises which are in the management areas of public roads, regional transport undertakings and road machinery, road and bridge construction areas, areas of road construction, bridge construction areas, open-cast mining of raw materials, areas of operation of aggregates or regional Directorate of public roads.

2. The acquisition of ownership of buildings, other devices and by State-owned enterprises referred to in paragraph 1. 1, followed by the consideration, if these objects were not built or acquired from own resources legal predecessors of these companies.

Article. 202. [Powers of State cultural institutions] 1. National cultural institutions, which, on the basis of the Act of 25 October 1991 on organizing and conducting cultural activity (Journal of laws No. 114, item 493, 1994, no. 121, item 591.1996, No. 90, item 407 and 1997 No. 5, item 24 and No. 106, item 680) have legal personality, acquire by operation of law, the date of their entry in the register of cultural institutions , the use of perpetual land, which operate on 5 December 1990, and in these buildings, other equipment and premises, if on the date of entry into force of this Act continue to manage the land. This may not violate the rights of third parties. To purchase shall apply mutatis mutandis the provisions of article 4. 200.2. The acquisition of ownership of buildings, other devices and by cultural institutions, referred to in paragraph 1. 1, followed by free of charge.

3. the provisions of paragraphs 1 and 2. 1 and paragraph 2. 2 shall apply mutatis mutandis to the municipal cultural institutions that have acquired legal personality pursuant to art. 41 of the Act referred to in paragraph 1. 1. Article. 203. [mortgage certain obligations] 1. Liability of legal persons for remuneration for buildings, other equipment and facilities referred to in article 1. 200 paragraphs 1 and 2. 1 and art. paragraph 201. 2, incomplete, in whole or in part, before the date of entry into force of this Act, subject to securing the hipotecznemu in accordance with its provisions.

2. Obligations of companies with the sole participation of the State, resulting from the conversion of State-owned enterprises, referred to in paragraph 1. 1, expire.

3. The provisions of paragraph 1. 1 shall not apply to obligations of companies, which under the Act on commercialisation and privatisation were paid using assets liquidated the company.

Article. 204. [the claim for the establishment of a usufruct of the land and the transfer of the ownership of buildings] 1. The Cooperative Association of spółdzielczemu and other legal entities, which, at the date of 5 December 1990 were users of land, owned by the State or municipality, shall have a claim on the establishment of a usufruct of the land and the transfer of ownership of the buildings on it, other devices and venues.

2. Conclusion of the contract about putting the land in perpetual use without tender.

3. The transfer of ownership of the buildings, other devices and is for consideration, unless these objects have been built or acquired from own resources of the cooperative, cooperative associations and other legal entities.

4. Fee for perpetual usufruct of land and buildings, other equipment and premises shall be determined according to the provisions of Chapter 8 chapter II, with the exception of the provision on obligation to pay the first fee. On the prices include zwaloryzowane charges incurred in respect of the use of buildings, other equipment and premises.

5. The claim referred to in paragraph 1. 1, expired, if such requests have been submitted by 31 December 1996.

6. In the case of the sale of the perpetual use rights before the end of the 10 years since its establishment, the cooperative, the cooperative association and other legal persons are obliged to pay the first payment in the amount specified on the sales, according to the provisions of Chapter 8 chapter II. Do not pay the first fee if: 1) gratuitous transfer of usufruct for the benefit of the municipality or the State Treasury;

2) gratuitous transfer of usufruct for the benefit of another cooperative on the basis of the law of 20 January 1990, about changes in the Organization and activities of the cooperatives (Journal of laws No. 6, item 36, as amended).

Article. 205. [Previous provisions] 1. The claim of the cooperative, cooperative associations and other legal entities to establish a usufruct arising before the date of entry into force of this Act, shall be the date of its provisions.

2. The provisions of article 4. 204 shall apply mutatis mutandis to the legal successors of the cooperative, cooperative associations and other legal entities that existed on 24 December 1992 and there are on the date of entry into force of this Act.

Article. 206. [Delegation], the Council of Ministers shall determine, by regulation, detailed rules and establish existing rights the management of State and municipal legal entities to the property, and the right to use immovable property by cooperatives, cooperative unions and other legal persons, recognition of the measures referred to in article 1. 200 paragraphs 1 and 2. 1, art. paragraph 201. 2 and art. 204 paragraph 2. 3, own resources, determining the value of the property and the amount payable for the acquisition of ownership of buildings, other equipment and premises, security claims with this title, as well as the types of documents which constitute the necessary evidence in these matters.

Article. 207. [Powers of certain holders of property] 1. [6] persons who were the holders of real estate owned by the State Treasury or municipality on 5 December 1990 and remained still on 1 January 1998, may require putting real estate by contract in the perpetual use along with the transfer of ownership of buildings, if zabudowały these real estate on the basis of a licence for the construction of a constant. The acquisition of ownership of buildings built from its own resources the following holders free of charge.

1a. If the property has been built up on the basis of a licence for the construction of a temporary location, the conclusion of the agreement referred to in paragraph 1. 1, is dependent on the compatibility of this location with the findings of the local plan, applicable on the date of filing of the request.

2. The holders referred to in paragraph 1. 1, may be exempted from the first perpetual usufruct fees, if they make requests for putting the property in perpetual usage within one year from the date of entry into force of the Act.

Article. 207a. [the application of the provisions of the Act] the provisions of art. 207 paragraph. 1 and 1a, in respect of the property owned by the State Treasury, shall also apply to: 1) of State-owned enterprises resulting from the Division of an existing State enterprise on 5 December 1990,


2) of State-owned enterprises resulting from the merger of existing on 5 December 1990, 3) companies resulting from commercialization or transformation of the State Enterprise existing on 5 December 1990 in a single company of the State Treasury, as provided for in the legislation to privatize the State-owned enterprises-if at the date of 1 January 2004, these entities were the owners of real estate, located on 5 December 1990 in the possession of State-owned enterprises referred to in paragraphs 1 to 3.

Article. 208. [dedication for use in bezprzetargowym mode] 1. Natural persons and legal until 5 December 1990 received final decisions or location building permits on the property owned Treasury or the property of the municipality, to the property in use in bezprzetargowym mode, where applications have been submitted at those properties devotion before loss of validity of the decision, however, not later than 31 December 2000.

2. Cooperatives, their unions and the National Cooperative Council and other legal persons, which on land owned by the State Treasury or municipality until 5 December 1990 built or built their predecessors from its own resources, with the authorization of the competent supervisory authority construction buildings, shall have a claim on the establishment of a usufruct on land, and the free transfer of ownership on them. These individuals are entitled to claim in relation to land on the day of the claim in their possession within the meaning of article 3. 207 and includes the land necessary for the proper use of the building.

3. In the cases referred to in paragraph 1. 2, the conclusion of the agreement for putting the land in perpetual use and transfer of ownership of the buildings without tender and without obligation to pay the first fee.

4. The claim referred to in paragraph 1. 2, have expired, if such requests have been submitted by 31 December 1996.

Article. 209. [Conversion rights in the use of perpetual] persons who became entitled to building real estate laid down before the date of entry into force of the Decree of 26 October 1945 on the law (Journal of laws No. 50, item 280), may require transformation of this law in use. The transformation takes place by decision of the competent authority, which is also a perpetual terms, subject to the rules referred to in article 1. 62. the decision shall give rise to the entry in the land register.

Article. 209A. [a contract Claim transfer of ownership or perpetual use] 1. If when extracted landlord in the building are reserved for this building piece of land which the requirements of building land, owners of the premises shall have in relation to the State Treasury or local government unit a contract claim transfer of ownership or perpetual use of adjacent land or part thereof which, together with a separate plot of land will satisfy the requirements of building land, provided that the claim was made jointly by the owners of all premises; If you do not agree, the provisions of art. 199 of the civil code.

2. a transfer of title to real property, referred to in paragraph 1. 1, may be issued after consideration by the competent authorities of the conclusions of the previous owners or their heirs to restore the ownership of this property.

3. In the case referred to in paragraph 1. 1, the State Treasury or local government unit shall have in relation to the owners of the premises the claim for the conclusion of an agreement to transfer ownership of them or donate them to perpetual use of adjacent land or part thereof.

4. the claim referred to in paragraph 1. 1, is not awarded if: 1) the proceedings are taking place concerning the correctness of the acquisition of immovable property by the State Treasury or local government unit;

2) adjacent ground property, which is owned by the State Treasury or local government unit, was given in perpetual use another person or asset management organizational unit for purposes of Defense and security of the State or borders with those of real estate;

3) as a result of the implementation of the claims of the adjacent property of land, no longer meet the requirements of building land.

Article. 210. [leave the land and buildings to use certain legal persons and entities] 1. Land owned the State or municipalities, on 5 December 1990 the use of legal persons or organizational units without legal personality and located on such land buildings, other equipment and facilities are still in use, those individuals and entities. To use this shall apply mutatis mutandis the provisions regarding asset management.

2. in the event of the sale of my user buildings, other equipment and premises referred to in paragraph 1. 1, on account of the purchase price of property include charges incurred for use.

3. To use established by decision before 1 January 1998 shall apply mutatis mutandis the provisions regarding asset management.

Article. 211. [Permission to acquire the garage on the property] 1. A person who, on the basis of a permit for the construction of built before 5 December 1990 from its own resources garage on land owned by the State or the municipality, as well as its legal successor, may require the acquisition of a garage on the property and putting in use of perpetual land necessary for the use of the garage, where his tenant. The acquisition of a garage on the property is free of charge.

2. Acquisition of a garage on the property, built before 5 December 1990 on the basis of a licence for the construction of the time is dependent on the compatibility of this location with the findings of the local plan, applicable on the date of filing of the request.

3. the right referred to in paragraph 1. 1, shall lapse if the request for acquisition of a garage on the property and donate perpetual usufruct of land necessary for the use of the garage is not submitted to the competent authority by 31 December 2000.

Article. 212. (repealed).

Article. 213. [exclusion of application of the provisions of the Act], the provisions of article 4. 204 – 211 does not apply to immovable property forming part of the agricultural property stock of the State Treasury, unless provisions for the management of this resource provides otherwise.

Article. 214. [return of property] 1. The previous owners, which the right to compensation to be taken over by the State land, buildings and other components of the property, as provided for in article. 7 paragraph 1. 4 and 5 and article. 8 of the Decree of 26 October 1945 about ownership and land use in the area of m.st. Warsaw (Dz. u. Nr 50, poz. 279 and the 1985 No. 22, item 99), have expired based on the provisions of the Act referred to in article 1. 241, paragraph 1, if the reported they or their successors in title in the period to 31 December 1988, proposals about putting land in use of perpetual, may return one property.

2. return of property referred to in paragraph 1. 1, the previous owners of the parcels built-up houses family houses, small residential homes and houses, in which the number of Chambers shall not exceed 20, and houses, in which before 21 November 1945 was spun the ownership of individual premises, as well as houses, that were before that date the ownership of housing cooperatives.

3. To grant a right of perpetual usufruct of land and recover buildings shall rule the competent authority.

4. the provision of paragraph 1. 2 shall apply mutatis mutandis to the sacral buildings, monasteries, religious houses and other objects, used in its entirety by former owners or their legal successors. If these objects are used only in part, the provision of paragraph 1. 2 shall apply only within the limits of the actual wielding.

5. The provisions of paragraph 1. 2 does not apply to land in the use of perpetual persons other than were owners and land in use.

Article. 215. [compensation for farm] 1. The provisions of the law concerning compensation for expropriated property shall apply mutatis mutandis to compensation for farm land, which, on the basis of the Decree of 26 October 1945 about ownership and land use in the area of m.st. Warsaw passed the ownership of Member States, if their previous owners or successors of these owners, farm, were deprived of the effective wielding the holding after 5 April 1958.

2. [7] the provisions of the law concerning compensation for expropriated property shall apply mutatis mutandis to the House, where it passed to State ownership after 5 April 1958, and to the plot, that before the date of entry into force of the decree referred to in paragraph 1. 1 can be used in construction and, if the previous owner or his successor were deprived of the actual possibility of wielding it on April 5, 1958 as part of the damages awarded the previous owner or his successors may receive perpetual use of land for the construction of the House.


Article. 216. [the application of the provisions of the Act] 1. The provisions of Chapter 6 Chapter III of this Act shall apply mutatis mutandis to the property acquired or purchased to the Treasury on the basis of article. 6 or article. 47 of the Act of 12 March 1958 the rules and preemption mode property (OJ 1974 # 10, item 64 and 1982 # 11.79), the Act of 22 May 1958 at areas for construction of houses in towns and settlements (OJ No 31, item 138, 1961 No. 7, item 47 and # 32 , item. 159 and the 1972 No. 27, item. 192), the Act of 31 January 1961 on building rural areas areas (OJ 1969 No. 27, item 216, 1972 # 49, item 312 and the 1985 No. 22, item 99), art. 22 of the law of 14 July 1961 on land economy in cities and settlements (OJ 1969 No. 22, item 159, 1972, no. 27, item 193 and 1974, no. 14, item 84), of the Act of 6 July 1972 single family housing areas and zagrodowego and on the distribution of property in the cities and settlements (OJ No 27 , item. 192, 1973, no. 48, item. 282 and the 1985 No. 22, item. 99) and restitution to State and cooperative enterprises of farming, as well as to the land expropriated on the basis of separate provisions in relation to the needs of the Tatra National Park.

2. The provisions of Chapter 6 Chapter III shall apply mutatis mutandis to the property acquired for the State or municipalities, respectively, on the basis of: 1) art. 5 and art. 13 of the Act of June 25, 1948, the Division of property in areas of cities and some settlements (Journal of laws No. 35, item 240, and in 1957, # 39, item 172);

2) art. 9 of the Decree of 26 April 1949 on the acquisition and transfer of immovable property required for the implementation of the national economic plans (OJ of 1952 # 4, item 31);

3) of the Act of 29 April 1985, land economy and preemption real estate (Journal of laws of 1991, no. 30, item 127, as amended).

Article. 216a. [exclusion of application of the provisions of article 34, paragraph 1, paragraph 2] Provision art. 34 para. 1 paragraph 2 shall not apply to immovable property, referred to in: 1) art. 2. 1 (b). (b) the Decree of the Polish Committee of national liberation of 6 September 1944 to carry out agricultural reform (Journal of laws of 1945 # 3, item 13, 1946, no. 49, item 279, 1957, no. 39, item 172 and with the 1968 # 3, item 6);

2) Act of 6 May 1945, Polish society is turned off enemy elements (OJ No 17, item 96, no. 34, item 203 and No. 55, item 307 and 1946 # 11, item 73);

3) art. 38 in connection with art. 2 of the Act of 6 May 1945 on the estates of the abandoned and orphaned (OJ No 17, item 97, no. 24, item 144 and # 30, item 179);

4) art. 2 of the Act of 3 January 1946, about taking over the ownership of a Member State the basic branches of the national economy (Journal of laws No. 3, item 17, # 71, POS. 389 and # 72, item 394, 1947 No. 2, item 7, 1956, no. 58, item 270, of 1958, no. 45, item 224, and a 1969 # 13, item 95);

5) art. 2 the Decree of 8 March 1946 at the abandoned estates and German (Journal of laws No. 13, item 87, no. 49, item 279, # 71, POS. 389 and # 72, item 395, from 1947, no. 19, item 77 and No. 66, item 402, 1948 No. 57, item 454 and 1969 # 13, item 95);

6) art. 1 Decree of 5 September 1947, about taking over the ownership of State property remaining after people displaced to the USSR (Journal of laws No. 59, item. 318, 1949 No 53, item 404, and 1969 # 13, item 95);

7) art. 38 paragraph 2. 3 of the Act of 14 July 1961 on land economy in cities and settlements (OJ 1969 No. 22, item 159, 1972, no. 27, item 193 and 1974, no. 14, item 84).

Article. 217. [Gratuitous transfer of property] 1. People, as a result of the loss of the property received as compensation or compensation other property in perpetual use, and the heirs of such persons shall have a claim on free transfer on their behalf the property granted in respect of an indemnity or compensation.

2. Persons who have been deprived of the title to real property as a result of expropriation carried out before December 5, 1990, in the event of the return of the property, return the compensation zwaloryzowane, not more than 50% of the current value of the property.

Article. 218. [Passing inputs] 1. A person who has-with the consent of the owner-remodeling or extend a building owned by the State Treasury or local government unit, and as a result there has been a separation of the premises, if this acquisition on the acquisition price includes the value of expenditure on its reconstruction or expansion.

2. The provisions of paragraph 1. 1 shall not apply if the rental agreement or lease the premises provides otherwise.

Article. 219. [spreading the HP outstanding commitments] 1. Outstanding on the date of entry into force of the law the obligations of legal or natural persons in respect of charges for the use of perpetual land or claims arising from the acquisition of the ownership of buildings, other equipment and premises can be spread on interest-free installment of annual paid for up to 10 years, and the interest on these debts can be cancelled. Of rescheduling and write-off of interest shall be made, by way of decision, Governor, if the property is owned by the State Treasury, or the executive body of the local government unit, if the property is owned by the local government unit, unless this is justified by the financial situation of these legal or natural persons.

2. Outstanding at the date of entry into force of the law the obligations of the organizational units in respect of fees for the Board of real estate and interest on those debts shall discontinue if this is justified by the financial situation of these units. The provision of paragraph 1. 1 on the properties of bodies shall apply mutatis mutandis.

Article. 220. [Establishment of terms real estate development] 1. If on the date of entry into force of the Act were not fixed deadlines for the disposal of real estate which is the subject of perpetual usufruct, the competent authority may, within one year from the date of entry into force of the Act, to establish these dates by decision.

2. the terms real estate development established pursuant to paragraph 1. 1 may not be less than 12 months in relation to the start and 36 months for the completion of the building.

Article. 221. [the application of the provisions of the Act] 1. The provisions of article 4. 72 para. 3 shall apply mutatis mutandis to the land in perpetual operation before 1 January 1998, with the exception of real estate, for which interest rates were fixed annual fees in the amount of over 3%. Change the height of the percentages annual fees make the competent authorities when applying the procedures referred to in article 1. 78-81.

2. If the surrender of land in perpetual use is not specified the amount of the percentage rate annual fee for perpetual usufruct, the competent authority shall determine the amount of that rate, with the exception of the cases referred to in article 1. 212 and article. 217 paragraph. 1, using the procedure referred to in article 1. 78-81.

3. If the surrender of land in perpetual use is not specified the purpose for which the property was handed over, the percentage of the annual fee shall be adopted according to the purpose of use of the property.

Article. 222. [the application of the provisions of article 83] 1. The provisions of article 4. 83 shall apply mutatis mutandis to the estate cast in the Executive Board prior to the date of entry into force of this Act. Change the height of the percentages annual fees shall, by a decision of the competent authorities.

2. Brought before the date of entry into force of the Act, the first real estate Board fees are not refundable.

Article. 223. [transfer of real estate catalog] 1. Hidden, performing the tasks of Government, for the purpose of property management shall communicate to the competent Minister protokolarnie of public administration the Treasury necessary documentation relating to the immovable property, referred to in article 1. 60 paragraph 1. 1, and in article 1. 60A paragraph 1. 1.2. Hidden, performing the tasks of Government, they will give in asset management General Directorate for national roads and motorways real estate owned Treasury, occupied by national roads.

Article. 224. [the concept of real estate cadastre] until the transformation of land and buildings in the cadastre of real estate by as used in this Act, the term "real estate cadastre" means this record.

Article. 225. [cadastral Value of agricultural land and forestry] in the period up to 31 December 2005. the cadastral value for agricultural land fully the number of hectares the conversion rates shall be determined in accordance with the provisions of the agricultural tax.

Article. 226. [Fixing cadastral values] cadastral Value, carried out for the first time the universal taxation of real estate, shall be determined at 31 December of the year preceding the year in which pursuant to separate provisions will be put in real estate tax on its value.

Article. 227. [Development] to the time of the announcement by the President of the Central Statistical Office the indicators of price changes of real estate valuation is made using indicators of consumer prices of goods and services advertised by the President of the Central Statistical Office.


Article. 228. [resource real estate Treasury] real estate resource of the State Treasury not asylum seekers are real estate, which, on the basis of the provisions of the Act of 10 May 1990-introductory provisions the law on Government and law on employees (Journal of laws No. 32, item 191, as amended) became, by law, on May 27, 1990, owned by municipalities, but for which no final decisions have been issued confirming the acquisition of ownership.

Article. 229. [Exemption claim the return of expropriated real estate] the claim referred to in article 2. 136 para. 3, not entitled, if, before the date of entry into force of this law, the property has been sold or has been established on the right of perpetual usufruct to a third party and this right has been revealed in the land register.

Article. 229a. (have lost power).

Article. 230. [powers of existing statutory] 1. Persons who on the date of entry into force of the Act were included in the list of regional experts with range estimation of real estate, have the right real estate estimation for 9 months from the date of entry into force of the Act.

2. established and entered before the date of entry into force of the Act on a list of court experts from a range of estimating real estate can operate without professional allowances referred to in article 1. 174 paragraphs 1 and 2. 1, for 3 years from the date of entry into force of the Act. That provision shall apply mutatis mutandis to the persons appointed by the Court or authority leading the investigation in criminal matters as an expert legal outside the list of court experts.

3. persons with tertiary education, possess a certificate of completion, before the date of entry into force of the Act, from the scope of the specialty course estimation of real estate may apply for, subject to paragraph 2. 4, for practising in the field of real estate estimation, provided supplementary qualification course completion, which was agreed with the President of the Office of housing and urban development, and the implementation of at least 15 of the estimated worldwide operators, as well as the transition, with a positive result, the qualification procedure referred to in article 2. 191.4. People with secondary education possess a certificate referred to in paragraph 1. 3, can apply for practising in the field of real estate estimation within 3 years from the date of entry into force of the Act, subject to completion of a supplementary qualification course, which has been agreed with the President of the Office of housing and urban development, the implementation of at least 15 of the estimated worldwide operators and transition positive qualifying procedure referred to in article 2. 191. Article. 231. [recognition of existing professional privilege] 1. Permissions in terms of estimating real estate, given after the date of 29 November 1991, on the basis of the law of 17 May 1989 – right of geodetic and cartographic (Journal of laws of 2005, no. 240, poz. 2027, as amended) shall be deemed to be professional rights, referred to in article 1. 174. 191.2. Persons who have been granted the permissions that are listed in paragraph 1. 1 before 29 November 1991, retain the right to estimate the real estate to the extent specified in the certificates.

3. Persons referred to in paragraph 1. 2, shall apply mutatis mutandis to article. 175, 176, 178, 194, 195 and 195a.

4. Persons referred to in paragraph 1. 2, in respect of which granted were for professional responsibility, disciplinary penalties referred to in article 1. 178 paragraph 1. 2, the implementation of the decisions of the body a central register of holders of rights in the field of Geodesy and cartography.

Article. 232. (repealed).

Article. 233. property [of the Act] cases initiated, but incomplete final decision before the date of entry into force of this Act, shall be conducted on the basis of its provisions.



Chapter 2 changes to the existing Article. 234. (omitted).



Article. 235. (omitted).



Article. 236. (omitted).



Article. 237. (omitted).



Article. 238. (omitted).



Article. 239. (omitted).



Chapter 3 final provisions Art. 240. [the application of the provisions of the Act] 1. If applicable law cite the Act repealed provision, art. 241 or refer in General to the provisions of land economy and preemption real estate, is used in this regard as appropriate the provisions of this Act.

2. Whenever the provisions of separate set refers to activities performed by the experts or other persons having the power to estimate the real estate, it should be understood that these activities can only be carried out by expert property, referred to in this Act.

Article. 241. [the provisions repealed] are hereby repealed: 1) Act of 29 April 1985, land economy and preemption real estate (Journal of laws of 1991, no. 30, item 127, no. 103, item 446 and No. 107, item. 464, 1993 No. 47, item 212 and # 131, poz. 629, 1994, no. 27, item 96, no. 31, item 118, no. 84 , item. 384, no. 85, item. 388, no. 89, item. 415 and Nr 123, poz. 601, 1995 No 99, item. 486 from 1996 # 5, item. 33, no. 90, item. 405, no. 106, item. 496 and # 156, item. 775 and 1997 No. 5, item. 24, Nr 9, poz. 44, no. 54, item. 348 and # 68, item. 435);

2) Act of 29 September 1990 amending the law on the land economy and preemption real estate (Journal of laws No. 79, item. 464, 1991, no. 83, item 373, 1992, # 91, poz. 455, 1994, no. 51, item 201, no. 80, item 369, no. 84, item 384 and # 123, poz. 601, 1996 # 5 , item. 33 and 1997 No. 106, item. 675). 242. [entry into force] this Act shall enter into force on 1 January 1998.

[1] based on the judgment of the Constitutional Court of 21 July 2011 (OJ # 160, item. 965) art. 5 is compatible with article. 2 the Constitution of POLAND.

[2] Article. 37 paragraph 2. 4A is added to be fixed by the article. 59 section 1 of the Act of 13 December 2013 family vegetable gardens (OJ of 2014.40). The change came into force on January 19, 2014.

[3] Article. 68 para. 1 paragraph 3 is added to be fixed by the article. 59 section 2 of the Act of 13 December 2013 family vegetable gardens (OJ of 2014.40). The change came into force on January 19, 2014.

[4] on the basis of the judgment of the Constitutional Court of 13 December 2012 (OJ. 1472) art. paragraph 137. 1, in so far as it does not consider superfluous property which within the time limits referred to in that provision have been implemented the objective set out in the decision on expropriation, and then the property this was allocated to the implementation of different purpose, is not incompatible with article 4. 21(1). 2 the Constitution of POLAND.

[5] on the basis of the judgment of the Constitutional Court of 13 March 2014 (OJ No. 376) art. paragraph 137. 1 paragraph 2 in so far as the property unnecessary preemptive property shall be considered before the May 27, 1990, for which at the date of the application for refund, and no later than September 22, 2004, the objective set out in the decision on expropriation, is incompatible with article 2. 2 in connection with article. 165 paragraph 1. the Constitution of POLAND. Article. paragraph 137. 1 point 2; the field has lost the power of 24 March 2014.

[6] on the basis of the judgment of the Constitutional Court of 10 April 2006 (OJ l. # 64, poz. 456) art. 1 paragraph 81 (b). and in connection with the article. 9 of the Act of 7 January 2000 amending the law on real estate economy and other laws (Journal of laws. # 6, item. 70) is in compliance with the article. 32 in connection with art. 64 paragraph 1. the Constitution of POLAND, and is incompatible with the principle of the protection of vested rights expressed in the article. 2 and art. 64 paragraph 1. 2 the Constitution of POLAND, in so far as it relates to proceedings initiated and not completed before the entry into force of matters relating to the acquisition of perpetual usufruct of real estate owned by the State or the municipality is undeveloped by their holders.

[7] on the basis of the judgment of the Constitutional Court of 13 June 2011 (OJ # 130, poz. 762) art. 215 paragraph. 2 in so far as it omits to apply the provisions of this Act concerning compensation for expropriated property to real estate, which passed into the ownership of the municipality m.st. Warsaw or a Member State on the basis of the Decree of 26 October 1945 about ownership and land use in the area of m.st. Warsaw (Dz. u. Nr 50, poz. 279), other than a single family houses, if they passed to State ownership after 5 April 1958, and plots that before the date of entry into force referred to the decree could be under construction other than single family, if previous owners or their successors were deprived of the actual possibility of wielding them after 5 April 1958, is incompatible with article 2. 64 paragraph 1. 2 in connection with article. 32 paragraph 1. 1 and art. 31 para. 3 of the Constitution.

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