If the forthcoming changes in the law come into effect in the New Year, investors are in for quite a revolution in real estate
Planned changes related to decisions concerning planning permit:
- decisions concerning planning permit will be issued only to the owner/perpetual usufructuary of a given real estate;
- a 3-year period of validity;
- as a rule, it will be possible to issue decisions concerning planning permission exclusively for land located in so-called developed areas (a given area will be established by a municipal council by way of a resolution which constitutes local government legislation).
Planned changes related to building permits:
- a ban on issuing “stage-by-stage” building permits;
- lack of the possibility to cancel a building permit after five years from the date of an occupancy permit/construction completion notice;
- a more extensive list of construction projects for which no building permit will be required.
Planned changes related to reprivatization claims (“a large reprivatization act”):
- termination of reprivatization claims;
- converting reprivatization claims into rights to compensation for seized real estate (lack of possibility to return real estate in kind);
- all court, court-and-administrative, and administrative proceedings pending, related to reprivatization claims (except for proceedings before the Verification Commission for Reprivatization) will be discontinued.
Adopted amendments to the water resources law (the amendment came into effect on 1 January 2018!):
- pre-emption rights to real estate on which there are lentic inland waters;
- new annual charges for real estate with a surface area in excess of 3,500 m2, with no sewage systems and not reclaimed;
- the need to obtain a water quality impact assessment for construction projects specified in the decree.
Author: PwC
Source: https://www.pwc.pl/en/artykuly/2018/real-estate-law-what-can-investors-expect-in-2018.html
