Perpetual usufruct will go down in history. The president signed the law
President Andrzej Duda signed the act liquidating perpetual usufruct. Companies, individuals and housing cooperatives will be able to purchase land on which their buildings are located. The regulation also provides that the purchase of the first apartment will be exempt from the TCLT tax, while the higher tax will cover the purchase of at least six apartments in one investment.
A few months ago, the Minister of Development, Waldemar Buda, announced that legislative work was underway to abolish the tax on civil law transactions (PCC) when buying the first apartment. It is supposed to be a purchase support tool. That’s what happened: President Andrzej Duda signed changes to several taxes, among them the abolition of 2 percent. PCC for buyers of their first apartment. This is a real saving: when buying a flat for PLN 600,000, The tax amount is PLN 12,000. zloty.
Perpetual usufruct disappears
At the same time, higher tax will be paid by investors who buy at least 6 apartments in one investment: it has been raised to 6 percent. real estate prices.
However, the biggest changes concern perpetual usufruct, which will soon be history. Perpetual usufruct is the possibility of using land owned by the State Treasury, a voivodeship, a poviat or a commune. The contract is concluded for 99 years with the possibility of extension, in exceptional cases this period can be shortened.
The main objective of the amendment to the Act on Commune Self-Government, the Act on Social Forms of Housing Development, the Act on Real Estate Management, the Act on Tax on Civil Law Transactions and some other acts is to enable companies, natural persons and housing cooperatives to obtain ownership of land they have in perpetual usufruct.
The purchase price of real estate that was in perpetual usufruct
However, it will not be free of charge: the price of real estate purchased by a perpetual usufructuary who is an entrepreneur will be determined as at least 20 times the current annual fee for perpetual usufruct. If the property is not used for business activity, the price will be set at the level of 20 times the previous fee.
Within one year from the entry into force of the act, the perpetual usufructuary of land real estate will be able to request the sale of this real estate for his benefit. Excluded from the claim are land for which perpetual usufruct was established after December 31, 1997, as well as land owned by the State Treasury entrusted to the National Center for Agricultural Support, the Military Property Agency, State Forests or national parks.
Most of the provisions of the Act will enter into force 30 days after the date of publication. The provisions on higher PCC when purchasing at least six apartments in one investment are to come into force on January 1, 2024.
