The government wants to unlock a flat. We know the details of the new idea

On the pages of the Government Legislation Center, a draft act on solutions for increasing the availability of land for housing was published. It is a collection of proposals prepared by the Ministry of Development and Technology to increase the availability of land for housing.

One of the ideas of the project designers is to unlock land belonging to the State Treasury companies and the National Agricultural Support Center. “Insufficient supply of investment lands where new housing investments could arise will be a barrier to the development of the real estate market in the coming years. Meanwhile, many land with potential for housing, located in attractive locations, remains in the resources of state -owned companies and the National Agricultural Support Center, which do not use this potential to implement housing investments, “reads the justification.

Will state -owned companies transfer unnecessary land?

State Treasury companies would transfer unnecessary land to housing.

– According to the draft act, before free of charge, each state -owned company must first show that a given land is not used to conduct a majority of the company. Then the authority exercising the right to shares in the company (general meeting, i.e. de facto usually the relevant minister supervising a given company) must indicate the property as unnecessary for the company – says Wiktor Klimiuk from Russell Bedford Dmowski from Russell and partners and partners In the current legal status of the State Treasury, they may also transfer land to local governments.

– They can do this in now, but the management boards of companies usually do not take such actions for fear of allegations of acting to the detriment of the Treasury by the company’s assets free of charge. In a situation where the company has creditors, there is also a risk of allegations of acting to their disadvantage – notes the expert.

Expert: The attitude of the company’s authorities will be crucial

According to Patron Klimiuk, the obligations imposed on companies in the proposed solution leave them a wide range of interpretation.

– The legislator did not indicate clear criteria for the connection of land with the prevailing economic activity or the unequivocal definition of the “unnecessary” of land. At the same time, no appeal or control measures under the new law are entitled to the decisions of the company – notes the lawyer. He emphasizes that the attitude of the authorities’ authorities will be crucial in this situation.

– It should therefore be assessed that the proposed solution may not change the current attitude of the company’s authorities in the scope of giving real estate to local governments. As a result, it may not meet the legislator’s expectations regarding the acquisition of land from state -owned companies – sums up Klimiuk.