Analiza realizacji ustaw dotyczących przekształcania prawa użytkowania wieczystego w prawo własności
Analysis of the implementation of laws on the transformation of the right of perpetual usufruct into ownership

Summary/Abstract: The right of perpetual usufruct is one of the basic forms of public property management that brings systematic revenue to public entities. Before 1989, perpetual usufruct was practically the only possibility for natural persons to acquire public lands in cities. The changes of the political system triggered discussions on the legitimacy of this law, especially with regard to residential areas. Currently, there are two acts in force that regulate the transformation of the right of perpetual usufruct into full ownership title – The 2005 Act on transformation of the right of perpetual usufruct into ownership of real properties and The 2018 Act on transformation of the right of perpetual usufruct of land developed for housing purposes into ownership of this land. The aim of this research paper is a comparative analysis of the principles of transformation under the current procedure and pursuant to the Act of 2018, as well as the assessment of the scope of the implementation of the transformation process and the financial consequences for local government units and the State Treasury. Detailed research studies have been carried out on the example of a selected city based on the analysis of the proceedings carried out under the previous laws and on specifying the number of real properties and perpetual users covered by the transformation by virtue of law under the amended legislation, as well as the problems associated with the transformation fee.

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