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The Warsaw Voice » Real Estate » September 30, 2009
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Plan to Amend Civil Law: Land Development Rights
September 30, 2009   
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The constant expansion of business and the dynamic development of infrastructure call for new legal regulations to meet the expectations of today's market players.

The Civil Law Codification Commission operating out of the Ministry of Justice is drafting legislation to regulate land development rights. These rights would be regulated by a separate legal act without the need to amend the Civil Code.

Under the draft, land development rights would apply to both private and public land. The new regulations aim to make it possible to establish distinctive proprietary rights with regard to facilities built both above and below ground. At the same time, the owner of the plot would keep their right to use the property. Under the draft, the investor who built the facilities in question would become their rightful owner. The right to develop a plot of land would be either subject to payment or free of charge. The right would be established for a definite period of 30-100 years, possibly extended for further periods. The right to develop a plot of land would be transferable.

The right to develop a plot of land would be established pursuant to a contract concluded in the form of a notarial deed between the plot owner-and, possibly, also holder of perpetual usufruct rights to the plot-and the party seeking the right to develop the plot. Establishing the right to develop a plot also requires an entry in the land and mortgage register.

The idea to introduce the right to develop a plot of land is being debated by experts. This right is perceived as an alternative to the right of perpetual usufruct, and some experts insist that the latter should be abolished in the future. Others argue that the right of perpetual usufruct should be preserved in an amended form, while the right to develop a plot of land should be introduced at the same time.

Work on the draft is still at an early stage. Before it is submitted to parliament, it needs more consultation and agreements. And this means that the present regulations are unlikely to change soon.

Joanna Ogorza³ek, legal counsel
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