Przekształcanie prawa użytkowania wieczystego – pomoc publiczna

On 1st January 2019, the law of 20th July 2018 entered into force, related to transforming perpetual usufruct of land with residential buildings into ownership. However, the provisions of the law are applied with consideration of public assistance regulations, since the legislature did not exclude entrepreneurs from the group of beneficiaries of this solution. This is because transformation is possible, in accordance with the regulations, also in the case of buildings whose part is used for purposes other than housing, for instance in the case of land whose vast part is used for housing, while in other parts businesses are located. For such land property rights will be granted simultaneously – at the time when these are granted to the land where residential buildings are situated. In his article, the author discusses the possibility to apply public assistance provisions during the property rights granting process. He also focuses on proper definition of the scope of such assistance, as well as the necessity to appropriately identify its beneficiaries.