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Residential Special Act: Is it working or not?
The Residential Special Act was supposed to generate huge growth in residential development, mainly by cutting through red tape. Now the hubbub surrounding its introduction seems to have exceeded the real impact of the act. Should it now be plainly admitted that the special act has not lived up to the hope placed in it?
Can a forest interfere with sale of a residential unit?
real estate, other courts
Does State Forests have the right of first refusal on the sale of a residential unit together with a share in a partly forested property? A surprising decision by the Wołomin District Court.
Developers Guarantee Fund: More drawbacks than benefits?
real estate, project
Work is underway on a bill called the Act on Protection of the Rights of Acquirers of Residential Units or Single-Family Houses and the Developers Guarantee Fund (print 985). The bill was approved by the Sejm, the Senate adopted amendments, and the bill will now be reconsidered by the Sejm. Entry into force of the new act will impose additional new duties on developers. The aim is to better protect homebuyers against the loss of funds invested in residential developments, particularly when the developer becomes insolvent before the project is completed. Is the new instrument likely to fulfil its intended function?
Will the Housing for Land Act increase the number of housing developments?
real estate, changes in law, already in force
The new Act on Settlement of the Price of Housing Units or Buildings in the Price of Property Sold from Communal Property Resources, commonly known as the “Housing for Land Act,” entered into force on 1 April 2021. It is supposed to implement one of the priorities of the National Housing Programme, increasing the number of housing developments. Is this goal likely to be achieved?
Five years to invalidate a building permit, even if it was issued before the amendment
On 19 September 2020, an amendment to the Construction Law came into force, making it harder to attack building permits and occupancy permits. Among other things, the parliament decided that a five-year limit should be introduced for declaring a building permit invalid, from the date the decision entered into legal circulation, thus limiting the discretion of the public administration in assessing the validity of the permit. However, Art. 37b of the Construction Law, introducing this limit, has begun to raise doubts among some commentators, which may lead to the perpetuation of what we believe to be an erroneous interpretation of the new provisions and undermine their intended purpose. Therefore, it is necessary to oppose the view that this provision does not apply to decisions issued before the amendment
A broken promise
Tenants who trusted lawmakers and the Agricultural Property Agency (ANR) and removed 30% of the farmland from their tenanted property in exchange for the right to acquire the remaining 70% of the farmland may find they are out of luck.