ACT

of 21 August 1997

about real estate

• Metric
• Codified text

SECTION I

General provisions

Article 1. [ Regulatory scope] 1. The Act sets out the rules:

1) the real estate management owned by the State Treasury and the property of local government units;

2) the division of the property;

3) the merging and division of real estate;

4) the first real estate;

5) the expropriation of real estate and the return of expropriated properties;

6) participation in the costs of construction of technical infrastructure facilities;

7) valuation of real estate;

(8) the professional activities of which the real estate is being managed.

2. The provisions of the Act shall not apply to property serving the performance of tasks of foreign institutions of the Republic of Poland within the meaning of the provisions on foreign service.

Article 2. [ Relation to separate provisions] The Act does not violate other laws in the field of real estate management, and in particular:

1) of the Act of 24 March 1920. o Acquisitions of real estate by foreigners (Dz. U. of 2014 items 1380 and from 2015 items 1433);

2) of the Act of 26 March 1982. o merges and swapping of land (Dz. U. of 2014 items 700 and 2015 items 349);

3) of the Act of 28 September 1991. in the forest (Dz. U. of 2014 items 1153, z późn. zm.);

4) of the Act of 19 October 1991. about the management of agricultural real estate of the State Treasury (Dz. U. of 2015 items 1014 and 1433);

5) of the Act of 27 October 1994. on toll motorways and on the National Road Fund (Dz. U. of 2015 items 641 and 901);

6) (repealed)

7) (repealed)

8) of the Act of 18 July 2001. -Water law (Dz. U. of 2015 items 469, 1590 and 1642);

9) of the Act of 3 July 2002. -Air law (Dz. U. of 2013 r. items 1393, with late. zm.);

10) of the Act of 28 March 2003. o Rail transport (Dz. U. of 2015 items 1297);

11) of the Act of 10 April 2003. specific rules for the preparation and implementation of investments in the field of public roads (Dz. U. of 2013 r. items 687, with late. zm.);

12) of the Act of 12 February 2009. specific rules for the preparation and implementation of investments in public service aerodromes (Dz. U. Nr 42, pos. 340, z Late. zm.);

13) of the Act of 8 July 2010. special arrangements for the preparation for the implementation of the investments in the field of flood structures (Dz. U. of 2015 items 966);

14) of the Act of 10 July 2015. o Military Property Agency (Dz. U. Entry 1322).

Article 3. [ Competent Authority] 1. The real estate property, governed by the provisions of the Act, is the Minister responsible for construction, local planning and zoning, and housing.

2. (repealed)

3. (repealed)

Article 4. [ Definitions] Whenever there is a law in the law:

1) land property-shall be understood by the land together with component parts, excluding buildings and premises, if they constitute a separate object of ownership;

2) the real estate asset-this must be understood by the real estate, which is the property of the State Treasury, the municipality, the district or the voivodship, and has not been put into perpetual use, and the property which is the subject of use perpetual Treasury, the commune, county or voivodship;

3. land plot-shall be understood by this undivided, continuous part of the earth's surface forming part or all of the land property;

(3a) a building plot, which is to be understood as a ground plot of land, the size of which, the geometrical features, access to the public road and the equipment of the technical infrastructure, make it possible to use the correct and rational use of the buildings and equipment located on that parcel;

(3b) the transfer or acquisition of immovable property, which must be understood by the legal action on the basis of which the transfer of ownership of the property or the transfer of the right of use of the perpetual land property or of the devotion to the its perpetual use;

4) the previous owner-shall be understood by this person who has been deprived of the right of ownership of the property as a result of its expropriation or taking over for the State Treasury or for the benefit of the local government unit on the basis of other titles;

5) the local plan-this must be understood by the local spatial development plan referred to in the planning and zoning regulations;

6) valuation of the property-this shall be understood by the procedure, which results in the determination of the value of the property;

6a) the determination of the value of the property-should be understood by the determination of the value of the property as an object of ownership and other rights to the property;

7) the general taxonation of immovable property-this should be understood by the valuation of the property, which results in the determination of the cadastral value of the property;

8) estimating the property-this should be understood by the activities related to the determination of the value of the property;

9) the competent authority-this should be understood by the Starostia, who is in charge of the government administration, in relation to the real estate owned by the State Treasury and the executive body of the municipality, the district and the voivodship in relation to properties constituting, respectively, the ownership of the municipality, county and voivodship;

9a) a self-governing legal person-this must be understood by legal persons appointed or created by the bodies of local government units;

9b) the local government unit-this is understood by the municipality, district or province;

9b ¹ ) Old-age-you should also understand the president of the city on the rights of the district;

9c) the competent office-this must be understood by the district starost, in which the tasks of the government administration concerning the real estate economy of the State Treasury are carried out, or by the authority of the municipality, the district office or the office, as appropriate Marszałkowski, in which real estate business is being carried out, which is owned by local government units;

9d) the council or the seismic-it must be understood by the municipal council or the district council and the state's seismik;

10) organisational unit-it is a state or self-governing body that does not have legal personality;

11) adiacencka fee-this must be understood by the fee determined in connection with the increase in the value of the property caused by the construction of technical infrastructure facilities involving the resources of the State Treasury, local government units, measures coming from the budget of the European Union or from non-reimbursable foreign sources, or a fee established in connection with the merits and division of immovable property as well as the division of immovable property;

12) to the company-either a public limited company or a limited liability company;

13) the person who is close to him-one must understand the keen, preliminary, siblings, children of siblings, spouse, apprentices and assists, and the person who remains with the seller in fact in common loan;

(14) professional standards-this shall mean the rules of conduct for the exercise of the profession of asset valuer, as determined in accordance with the provisions of law;

(15) professional organisations-this must be understood by the associations and associations of associations of professionals who are professionally engaged in the activities of property valuers;

16) a similar property-it must be understood as a property which is comparable to the immovable property which is the subject of the valuation, by reason of its position, its legal status, its intended use, its use and other characteristics affecting its value;

17) the state of the property-shall be understood by the state of development, legal status, technical-utility condition, the degree of equipment in the equipment of the technical infrastructure, as well as the state of the property environment, including size, nature and degree the urbanisation of the locality in which the property is situated;

(18) public communications, which must be understood by the telecommunications infrastructure in order to provide publicly available telecommunications services within the meaning of the telecommunications law.

Article 5. [ Walings of statutory amounts] 1. The valorisation of amounts due from the titles specified in the law shall be made using the indices of property price changes for property classified in the price and property value register, taking into account the data resulting from the filing land and buildings.

2. The President of the Central Statistical Office announces, in the form of a notice, in the Official Gazette of the Republic of Poland "Monitor Polski", the indices of property price changes for a given type of property, no later than within 4 months of the end of the quarter to which those indicators relate, broken down by voivodship.

3. Where, for a given quarter, the rate of change in real estate prices for a given property is not announced, the valorisation of the amounts due from the titles specified in the statute for that quarter shall be effected by application of the last published by the President of the Central Statistical Office of the real estate price change index for a given type of property.

4. Where, for a given type of property, the rate of change in real estate prices has never been announced, the valorisation of the amounts due under the titles laid down in the law in this respect shall be effected by applying the price index of goods and services consumer advertised by the President of the Central Statistical Office.

5. Where the property consists of at least two parts corresponding to different types of real estate, the valorisation referred to in the paragraph shall be 1, shall be carried out using the weighted average of the indices of the real estate prices appropriate to each part of the property, taking as a weighting the surface area of the individual parts.

Article 6. [ Public Objectives] Public objectives within the meaning of the Act are:

1) the secretion of land under public roads, bicycle roads and waterways, construction, maintenance and execution of works of these roads, public transport facilities and equipment, as well as public communications and signalling;

1a) the separation of land under railway lines and their construction and maintenance;

(1b) the secretion of land under the aerodrome, facilities and facilities for air traffic, including approach areas, and the construction and operation of those aerodromes and equipment;

2) the construction and maintenance of drainage tractors, wires and equipment used for the transmission or distribution of liquids, steam, gases and electricity, as well as other facilities and equipment necessary for the use of these wires and equipment;

2a) construction and maintenance of the carbon dioxide transport network;

(3) the construction and maintenance of public facilities for the supply of water to the public, the collection, transmission, purification and discharge of waste water and the recovery and disposal of waste, including their storage;

4) construction and maintenance of facilities and facilities for the protection of the environment, reservoirs and other water equipment for water supply, flow control and protection against flooding, as well as regulation and maintenance of water and equipment water meliorations, owned by the State Treasury or local government units;

5) care for real estate constituting monuments within the meaning of the provisions on the protection of monuments and the care of monuments;

(5a) protection of the Holocaust Monument within the meaning of the provisions on the protection of the site of former Nazi extermination camps and places and monuments commemorating the victims of the communist terror;

6) construction and maintenance of premises for offices of authorities of power, administration, courts and prosecutors, state higher schools, public schools, state or local cultural institutions within the meaning of regulations on organizing and conducting cultural activities, as well as public health facilities, kindergartens, nursing homes, care and educational facilities, sports facilities;

6a) the construction and maintenance of facilities and premises necessary for the performance of the universal service obligations by the designated operator within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. Entry 1529), as well as other facilities and premises associated with the provision of these services;

7) the construction and maintenance of facilities and equipment necessary for the defence of the state and the protection of the state border, as well as for the provision of public safety, including the construction and maintenance of the arrests of investigators, penal facilities and establishments for minors;

8) exploration, recognition, mining of mining-owned copalin mines;

8a) exploration or recognition of the complex of underground storage of carbon dioxide and the underground storage of carbon dioxide;

9) establishment and maintenance of cemeteries;

9a) establishing and protecting national memorial sites;

9b) protection of endangered species of plant and animal species or habitats;

9c) the secretion of land under publicly available self-government: pedestrian, squares, parks, promenades or boulevards, as well as their equipment, including construction or rebuilding;

10) other public objectives set out in separate laws.

Article 7. [ Determination of property value] Where there is a need to determine the value of the property, this value shall be determined by the property valuers referred to in Chapter 1 of Chapter 1.

Article 8. [ Application of provisions of the Code of Administrative Procedure] If, in the case of cases referred to in the provisions of Chapter III, there is no possibility of notifying parties of decisions and other acts of public administration by reason of the parties ' undetermined addresses, Article 4 (1) of the Rules of Association shall apply. 49 Of the Code of Administrative Procedure.

Article 9. [ Hold decision execution] In the cases referred to in the provisions of Chapter III, with the exception of Article 97 ust. 3 point 1, art. 122, art. 124 (1) 1a, art. 124b ust. 1, art. 126 and Art. 132 (1) 1a, the execution of the decision shall take place within 14 days from the date on which the 30-day deadline for bringing an action against the decision to the administrative court has been unsuccessfully completed. Where an action is brought before an administrative court in those cases, the authority which issued the decision shall hold its office of enforcement, by way of order, which shall not be entitled to a complaint.

Art. 9a. [ Actionable decisions made by starostia] A higher level body in the matters referred to in the Act, which is decided by the decision of an appendage in the field of government administration, is the voyewater.

SECTION II

Property management which is owned by the State Treasury and property of local government

Chapter 1

General principles

Article 10. [ Scope of application] 1. The provisions of this chapter shall apply to immovable property constituting the property of the State Treasury and the property of local government units.

2. The provisions concerning the units of local government shall apply mutatis mutandis to the compounds of these units.

3. The provisions on civil-law activities, carried out between the State Treasury and local government units, shall apply mutatis mutandis to civil-law activities carried out between those units.

4. If the property is the subject of joint ownership of the State Treasury or local government units and third parties, the provisions of this chapter apply only to the management of the Treasury or self-government units territorial in this property.

(5) The provisions of this chapter shall apply in the light of the provisions on public aid.

Article 11. [ Body representing the State Treasury] 1. Subject to the exceptions resulting from the provisions of this Act and the separate statutes, the body representing the State Treasury in property management matters is an old, executing task from the scope of government administration, and authorities representing the units of local government are their executive bodies.

2. If the provisions of the Act require the consent of the Board, the seismik or the water-water, the expression of consent, except for the consent referred to in art. 46 (1) 4, the council or the purse or the ordinance of the water body issued within one month of the submission of the relevant application by the appendix shall take place accordingly.

Article 11a. [ Relevant application of the provisions] Article Recipe 11 (1) 1 shall apply to legal acts or procedural steps taken in favour of, or in the interest of, the State Treasury or local government units.

Article 12. [ Special responsibility of the authorities] The authorities referred to in Article 11, acting for the State Treasury and the local government unit, are obliged to manage the property in a manner consistent with the principles of the correct economy.

Article 13. [ Forms of real estate trading] 1. Subject to the exceptions resulting from the laws, the properties may be traded. In particular, immovable property may be the subject of sale, conversion and renunciation, devotion to perpetual use, rental or leasing, lending, devotion to a permanent board, and may also be subject to reduced rights in rem, which may be paid as non-cash contributions (reported) to companies, transferred as equipment for the state enterprises created and as assets of the foundations created.

1a. The property may also be transferred free of charge by contract to a private partner or to a company referred to in Art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership (Dz. U. of 2015 items 696), for the duration of implementation of the project in the framework of public-private partnership.

2. The property may be, subject to art. 59 (1) 1, the subject of donations for public purposes, and the subject of donations made between the State Treasury and the local government unit, and between those units. The donations agreement shall specify the purpose for which the property is being given. Where immovable property is not used for this purpose, the purpose of the donation shall be subject to appeal, subject to paragraph. 2a.

2a. The donations of immovable property which is the object of the State Treasury shall be carried out by the starosta, who shall perform the task of government administration-with the consent of the voyeur, and the property which is the object of the property of the local government unit of the State. an executive body, with the consent of the council or the seismic. The waiver of the cancellation of the donation shall be subject to the agreement of the authority which gave its consent to it. The consent does not require a donation made by the Minister responsible for the Treasury, referred to in art. 59 (1) 1.

3. The right of use of perpetual land real estate may be the subject of a non-monetary contribution (a report) contributed to the company.

4. Sale, conversion, donation or devotion to the use of perpetual property entered in the register of monuments, owned by the State Treasury or local government units, and the contribution of these properties as non-monetary contributions (reported) to companies, requires the permission of the voivodeship conservator of monuments.

Article 14. [ Acquisition of real estate by local government units] 1. The property owned by the State Treasury may be sold to local government units at a price lower than their market value or given to those entities for perpetual use without the collection of the first charge. Property owned by local government units may be sold to the State Treasury or other local government units at a price lower than the market value of the property or given to them for perpetual use of the property without downloading the first charge.

2. Real estate owned by the State Treasury may be charged free of charge to local government units limited by rights in rem. Property owned by local government units may be charged free of charge to the State Treasury or other units of local government limited by rights in rem.

3. Real estate may be subject to conversion between the State Treasury and local government units and between those units, without the obligation to make payments in the case of different values of swapped real estate.

4. Paragraph Recipe 3 shall also apply in the event of conversion of property to the right of perpetual usuem or the right of perpetual usuem of the property, as well as the conversion of the rights of perpetual usuem between the State Treasury and the self-government units and between those units.

5. Conclusion of contracts in the cases referred to in paragraph. 1-4, requires prior consent of the wojewater in relation to the property owned by the State Treasury, excluding the contracts concluded by the Minister responsible for the State Treasury with regard to the property referred to in art. 57 (1) 1, and the properties included in the records referred to in art. 60a par. 2 point 1, or the consent of the council or the Sejmik, as appropriate, in relation to immovable property constituting the property of local government units.

Article 15. [ Real Estate Replacement] 1. The property owned by the State Treasury and the property of the local government unit may be transferred to property owned by natural persons or legal persons. In the case of an unequal value of the real estate, an extra charge equal to the difference in the value of the swapped immovable property shall be applied.

2. Paragraph Recipe 1 shall apply mutatis mutandis in the case of conversion of immovable property to the right of perpetual ususo or the right of use of perpetual for property, as well as the reciprocal exchange of perpetual usudates.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to the conversion of shares in joint ownership or in the sharing of the real-estate property.

Article 16. [ The renunciation of property or perpetual usunification] 1. State or self-government legal person may waive the property or use of perpetual property respectively in favor of the State Treasury or the local government unit.

2. (repealed)

Article 17. [ Acquisition of property ownership by state and local government units] 1. State organisational units without legal personality acquire real estate-on property or in the use of perpetual State Treasury, and self-government organizational units without legal personality-on property or in the perpetual use of an appropriate local government unit.

2. In the case of acquisition by the state organization unit of the right of perpetual usualship established on the land property constituting the property of the State Treasury, this right shall expire. This provision also applies in the case of acquisition by the local government unit of the right of perpetual usunification established on land property constituting the property of the relevant local government unit.

3. The organisational units referred to in the paragraph. 1 and 2, they obtain for the acquired real estate a permanent board by virtue of the law on the day of their acquisition.

Article 18. [ Other Forms of Real Estate Use] The real estate can be given to the organisational units in a sustainable management, lease and lease and used for purposes related to their activities.

Article 19. [ Agreement with the competent authority of the government administration] 1. Real estate sale, perpetuation of perpetual usualment, use, rent or lease if they are located in the areas of:

1. mining areas-requires, in the absence of a local plan, an agreement with the competent authority for the award of mining concessions;

2) national parks-requires an agreement with the director of the relevant national park;

3) bordering on immovable property in a sustainable management for the purposes of defence and security of the State, requires an agreement with the competent authority of the government administration on these matters.

2. In respect of immovable property situated in the maritime areas of the coastal strip, an agreement with the relevant territorially competent maritime authority shall be required, in the event of:

1. sale, perpetuation of perpetual use, use, rent or lease-in the area of a technical belt;

2) sale or giving in perpetual use-in the area of the protective belt.

3. In case of infringement of the provisions of the paragraph 1 and 2, the parties to the contract shall be liable on a general basis.

Chapter 2

Real Estate Assets

Article 20. [ Create real estate assets] You create:

1) the property of the State Treasury;

2) municipal real estate assets;

3) the county real estate assets;

4) Voivodship real estate assets.

Article 21. [ Property Treasury Resource] The property assets of the State Treasury include properties which are the property of the State Treasury and have not been put into perpetual use, as well as real estate which is the subject of the use of the perpetual Treasury.

Article 21a. [ Grounds not included in the real estate asset] As a part of the property of the State Treasury referred to in Art. 21, there is no land covered with surface waters flowing, within the meaning of the Act-Water Law.

Article 22. [ Form of transfer of real estate for housing construction] 1. Real estate assets representing the real estate of the State Treasury, voivodship or district, intended for the local plans for housing construction and for the implementation of related technical infrastructure facilities, transfer to the municipality, by way of a donation, at its request, if it speaks for this important interest of the municipality and if these objectives are not or cannot be carried out by the State Treasury, the voivodship or the district respectively. The donations agreement shall specify the purpose for which the property is being given. Where immovable property is not used for this purpose, the purpose of the donation shall be subject to appeal, subject to paragraph. 2.

2. Ascension from the cancellation of the donation shall be followed by the consent of the voivodship, the Sejmik of the voivodship or the district council respectively.

Article 23. [ Competence of starostes in the field of property management of the State Treasury] 1. The property of the property of the State Treasury shall be hosted, subject to art. 43 par. 2 and 4, art. 51, art. 57 (1) 1, art. 58-60 and art. 60a, starostów, performing tasks from the scope of government administration, and in particular:

1) record real estate according to the real estate cadre;

2) ensure the valuation of these properties;

3) draw up plans for the use of the resource;

4) secure the property against damage or destruction;

5) perform the tasks related to the calculation of the property claims made available from the asset and carry out the recovery of these receivables;

6) cooperate with other authorities, which under separate regulations are hosting the property of the State Treasury, as well as with the appropriate units of local government;

7) sell and purchase, with the consent of the voyees, the property included in the asset, subject to art. 17;

7a) leased, rent and use the property included in the asset, with a contract concluded for a period of time marked longer than 3 years or an unmarked time requires the consent of the wojewater; the consent of the wojeWater is required also in the case when after the contract concluded for a period of time marked up to 3 years, the parties shall conclude contracts with the same immovable property;

8) undertake activities in court proceedings, in particular in matters concerning property or other property rights in real estate, about payment of receivables for the use of immovable property, on claims from the ratio of rental, lease or lending, o a statement of the acquisition of inheritance, the statement of the acquisition of property ownership by the seeding;

9) submit applications for the establishment of a perpetual book for the property of the State Treasury and for an entry in the perpetual ledger.

1a. The Starosta shall draw up an annual report on the management of the immovable property of the stock and transmit them to the voyeurist by 30 April of the year following the year to which the report relates.

1b. The obligation to register as referred to in paragraph 1. 1 point 1, also applies to the property of the Treasury in perpetual use.

1c. The evidences referred to in paragraph 1. In particular, point 1 of point 1 shall include:

1) the designation of the property according to the perpetual book and the property cadastre;

2. real estate;

3) an indication of the document confirming the Treasury's possession of the property rights, in the absence of a perpetual book;

4) the destination of the property in the local plan, and in the absence of a plan-in the study of the determinants and directions of the spatial development of the municipality;

5) indication of the date of the last update of the annual fee for the use of the perpetual property of the State Treasury dedicated to perpetual use or the date of the last update of the annual fee on the permanent management of the property of the State Treasury;

6) information about the reported claims to the property;

7) information on the ongoing administrative and judicial proceedings.

1d. Plans for the use of the resource referred to in paragraph 1. 1 point 3, shall be developed for a period of 3 years. The plans shall include in particular:

1) the statement of the real estate of the stock and the real estate of the State Treasury in perpetual use;

2) Forecast:

(a) to make the real estate available and to acquire real estate for the asset,

(b) the level of expenditure relating to the availability of the stock of the stock and the acquisition of the real estate

(c) the proceeds of the perpetual usucaption of the State Treasury for perpetual use of the Treasury and the fees for the permanent administrative property of the State Treasury,

(d) on the updating of charges for the use of perpetual property of the State Treasury for perpetual use and of fees for the permanent management of the property of the State Treasury;

3) the asset management program of the asset.

2. The exercise of the activities referred to in paragraph 2. 1 points 1 to 6 may be entrusted to property valuers or entities that employ those persons. The application of the persons and entities referred to in the first sentence shall take place on the basis of the Law of 29 January 2004. -Public procurement law (Dz. U. of 2013 r. items 907, with late. zm.).

3. From the proceeds of the sale, the fees for the permanent management, use, rent rent and lease-the real estate of the State Treasury referred to in paragraph. 1, as well as on the proceeds of the perpetual usucaption of the Treasury for perpetual use of the Treasury, and the interest on the late payment of these claims, which is 25% of the funds which constitute the income of the county, on the the area of which these properties are located.

Article 24. [ Municipal Property Resource] 1. The municipal real estate asset belongs to the property, which is the property of the municipality and has not been put into perpetual use, and the property which is the subject of the use of the perpetual commune.

2. For development purposes of communes and organised investment activities, and in particular for the construction of housing construction and related construction of technical infrastructure facilities, as well as for the realization of other public objectives may the municipal real estate assets are used.

3. The basis for the creation of municipal real estate resources are the studies of the determinants and directions of spatial development of the communes adopted on the basis of the provisions on planning and spatial planning.

Article 25. [ The management of the municipal real estate asset] 1. The real estate resource is hosted by the mayor, mayor, or president of the city.

2. The asset-management shall consist, in particular, of the activities referred to in Article 4. 23 (1) 1, and also on the preparation of geodesic and design studies, the accomplishing of divisions and the merits and divisions of real estate, and equipping them, as far as possible, in the necessary technical infrastructure facilities.

3. The exercise of the activities referred to in paragraph 3. 2, with the exception of the acts listed in Article 23 (1) 1 points 7 to 9, may be entrusted to property valuers or entities that employ those persons. The application of the persons and entities referred to in the first sentence shall take place on the basis of the Law of 29 January 2004. -Public procurement law.

Article 25a. [ Trust Real Estate Resource] The real estate asset is owned by the property, which is the property of the district, and has not been put into perpetual use, and of the property which is the subject of the use of the perpetual district.

Article 25b. [ The Housewife of Real Estate] The district management of the property is hosted by the district administration. The provisions of Article 4 25 par. 2 and 3 shall apply mutatis mutandis.

Article 25c. [ State Real Estate Resource] The real estate assets belong to the voivodship, which are the property of the voivodship and have not been put into perpetual use, and the property which is the subject of the use of perpetual voivodship.

Article 25d. [ Host State Real Estate Asset] The state property of the property is hosted by the voivodship. The provisions of Article 4 25 par. 2 and 3 shall apply mutatis mutandis.

Article 26. [ Real Estate Boundaries] 1. The boundaries between real estate acquired on the property of the State Treasury or on the property of the local government unit shall be assumed according to the existing legal status, and if such state cannot be established, according to the state of the state of the the real estate cadaster.

2. In the event of a dispute as to the course of the border lines referred to in paragraph. 1, the activities relating to the acquisition of immovable property shall not be withheld, which does not exclude claims between property owners, whose borders have been determined in the manner referred to in paragraph. 1.

Chapter 3

Sale and dedication to perpetual use

Article 27. [ Form of sale or deed of property in perpetual use] The sale of real estate or the dedication to the use of perpetual land property requires the conclusion of a contract in the form of a notarial deed The transfer of land property to perpetual use and transfer of this right by contract requires an entry in the perpetual register.

Article 28. [ Tender or untender route] 1. The sale of immovable property or the placing in the use of perpetual land property shall be made by tender or by means of a tendering procedure, in accordance with the provisions of Chapter 4 of this chapter.

2. Conditions of disposal of immovable property by tender shall be announced in the tender notice. The conditions for disposing of immovable property by means of a non-competitive tendering procedure shall be established in the negotiations with the purchaser.

(3) The protocol on the invitation to tender and the protocol of the negotiations on disposal by means of a tendering procedure shall form the basis for the conclusion of the contract.

Article 29. [ Some provisions of the Agreement] 1. In the contract for the devotional land use for perpetual use shall be determined the period of perpetual usualance depending on the purpose for which the land property is put into perpetual use, and the way of using the property shall be determined, pursuant to Article 4, 236 and art. 239 of the Civil Code.

2. If the subject of the contract for the surrender of land property in perpetual use is entered in the register of monuments, when determining the use of this property may be imposed, if necessary, the purchaser's obligation to rebuild or refurbished on the historic building sites, within the time limit specified in the contract.

Article 30. [ Provisions of the contract to be disclosed in the perpetual ledger] The provisions of the Land Property Contract for the use of perpetual usuallyrelated to the use of this property shall be disclosed in the perpetual ledger.

Article 31. [ The devotion to the use of perpetual land real-estate builders] The devotion to the use of perpetual land real estate is carried out with the simultaneous sale of buildings and other facilities located on this property.

Article 32. [ The entity authorised to acquire the property in perpetual use] 1. The land property for the perpetual use may be sold only to the perpetual user, subject to the paragraph. 1a and paragraph. 3.

1a. Land property constituting the property of the State Treasury may be sold to the perpetrator with the consent of the voyeur. The consent of the wojewater does not require the sale to the user of the perpetual property referred to in art. 51 (1) 2 and Art. 57 (1) 1.

2. On the day of the conclusion of the contract of sale of the property shall terminate, by virtue of the law, previously established the right of perpetual Article Article 241 Civil Code shall not apply.

3. With regard to the land property held in the use of perpetual transfer of ownership of this property, by contract, between the State Treasury and the local government unit and between the local government units may shall be followed by the notification of the perpetual user.

Article 33. [ Termination of perpetual usul] 1. The perpetual use shall expire at the end of the period fixed in the contract or by termination of the contract before the end of this period.

2. In the event of an expiry of the perpetual usuem as a result of the expiry of the period fixed in the contract or as a result of termination of the contract before the expiry of that period, the perpetual user shall be entitled to remuneration for the erected by him or acquired on the property buildings and other equipment. The remuneration should be equal to the value of those buildings and equipment determined on the date of expiry of the perpetual usuup. Remuneration shall not be granted for buildings and other equipment which have been erected contrary to the provisions of the contract.

3. The competent authority may request the termination of the contract of perpetual usuup before the expiry of the fixed period pursuant to Article 3. 240 of the Civil Code, if the perpetual user makes use of this property in a manner contrary to the contract laid down in the contract, and in particular, if he did not build it within the set time limit.

(3a) In the event of termination of the contract of perpetual usuup before the expiry of the period laid down in the contract, the sum of the annual fees paid for the unused period of use of the perpetual use shall be reimbursed. Fees are subject to valorisation. The maximum amount to be recovered shall not exceed the value of the right of use of perpetual usualment set at the date of termination of the contract.

4. The provisions of the paragraph. 1-3a shall apply mutatis mutandis to the use of perpetual usuallies acquired otherwise than by means of a contract concluded in the form of a notarial deed.

Article 34. [ Priority in the acquisition of real estate] 1. In the case of divestment of immovable property to natural and legal persons the priority in their acquisition, subject to art. 216a shall be entitled to a person who meets one of the following conditions:

1) shall be entitled to her claim for the acquisition of real estate under this Act or separate provisions, if she submits an application for acquisition before the expiry of the term specified in the list referred to in art. 35 par. 1; the time limit for submission of the application may not be less than 6 weeks from the date on which the list was exported;

2) is the previous owner of the divested property deprived of the ownership of this property before 5 December 1990. or his heir, if he submits an application for acquisition before the expiry of the time limit set out in the list referred to in Article 35 par. 1; the time limit for submission of the application may not be less than 6 weeks from the date on which the list was exported;

3) is the tenant of the dwelling, and the lease has been established for an indeterminate period.

2. In the case of the confluence of the entitlements to the priority in the acquisition, the order mentioned in the paragraph shall be used. 1.

3. Disparity of immovable property shall not occur if administrative proceedings concerning the correctness of the acquisition of the property by the State Treasury or the local government unit are pending.

4. The persons referred to in paragraph. Article 1 (1) shall be notified in writing of the transfer of the immovable property to the divestment and of the primacy of the property, provided that the request for acquisition is made within the time limit set out in the notice. That period shall not be less than 21 days from the date of receipt of the notification. The provisions of the Code of Administrative Procedure shall apply when the notification is effected.

5. The persons referred to in paragraph. 1 and paragraph 6, they shall benefit from the primacy in the acquisition of the property, if they make a declaration that they consent to the price determined in the manner specified in the Act.

6. The wojewoda with respect to real estate owned by the State Treasury, and the relevant council or seismist in relation to real estate owned by the local government unit, may grant, respectively by means of order or resolutions, priority in the acquisition of the premises to their tenants or tenants, excluding the immovable property referred to in art. 57 (1) 1, art. 60 par. 1 and Art. 60a par. 1.

6a. Paragraph rule. 6 shall apply to residential or commercial buildings which are wholly the subject of a lease or a lease.

6b. In the event of the priority referred to in paragraph 1, the first subparagraph shall be: 1 point 3, paragraph 1 6 or mouth. 6a, the subject of disposal should be the property along with the ground necessary for the rational use of the building.

7. Disposion of a property built in a multi-purpose house for the benefit of other persons than those mentioned in the paragraph. 1 points 1 and 2 shall not take precedence over the purchase of the dwellings of the tenants of the tenants of those premises.

8. The provisions of the paragraph. 1 and 7 shall not apply if the divestment occurs between the State Treasury and the local or regional authorities or between those units for the purposes of public service.

Article 35. [ List of properties intended for sale or other form of transfer] 1. The competent authority shall draw up and publish a list of the properties for sale to the public for perpetual use, use, rent or lease. That list shall be drawn up for a period of 21 days at the premises of the competent office and, furthermore, the publication of that list shall be made public by an advertisement in the local press and in any other way customarily accepted in the place concerned, and also on the websites of the competent authority.

1a. Minister competent for the Treasury with regard to the real estate referred to in art. 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. Article 2 (1), draws up and publishes a list of the properties intended for sale to the public for the purposes of its use, rental or lease. The Minister responsible for the Treasury shall include a list on the websites of the Public Information Bulletin for a period of 21 days, and the publication of that list shall be made public by an advertisement in the local press. A range covering at least the area in which the property is located.

1b. The obligation referred to in paragraph 1. 1 and 1a, it does not concern the devoting of immovable property in the lease or lease for a period of up to 3 months. The list shall be drawn up and made available to the public if, after a contract concluded for a period of up to three months, the parties contain further contracts with the object of the same property.

2. in the list referred to in paragraph 1. 1 and 1a, shall be determined as appropriate:

1) the designation of the property according to the perpetual book and the property cadastre;

2) the area of the property;

3) a description of the property;

4) the purpose of the property and the way of its development;

5) the term of the property management;

6) the price of the property;

7. the rate of the interest rates on perpetual usualies;

8) the amount of the fees for use, rental or lease;

(9) the time limits for payment of fees;

10) rules for the updating of fees;

11) information on the purpose of sale, for the purposes of perpetual use, use, rent or lease;

12) a time limit for the submission of an application by persons who are given priority in the acquisition of real estate on the basis of art. 34 par. 1 (1) and (2).

3. Establishing separate property of premises in multi-purpose houses, which are included in the real estate, shall be subject to the rules laid down in the Act of 24 June 1994. about the ownership of the premises (Dz. U. 2000 r. Nr 80, pos. 903, 2004 No. 141, pos. 1492 and of 2015 items 1168).

4. (repealed)

Article 36. [ Liability for violation of the Act] In cases of breach by the competent authority or the Minister responsible for the Treasury with regard to the immovable property referred to in Article 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. Article 2 (1), Article 2 (1) 34 par. 1-5 and 7 The Treasury or the local government entity shall be liable on a general basis.

Chapter 4

Tenders for the disposal of immovable property

Article 37. [ Tender and non-tender route] 1. Subject to paragraph. 2 and 3, immovable property shall be sold or put into perpetual use by tender.

2. The property shall be disposed of by a non-bargaining route, if:

1) is disposed of in favour of a person who is given priority in her acquisition, according to art. 34;

2. the divestment takes place between the State Treasury and the local government unit and between those units;

3) is disposed of in favour of the persons referred to in art. 68 par. 1 point 2;

4. the divestment shall be effected by conversion or donations;

5) the sale of the property takes place in favor of its perpetual user;

6) the object of the sale shall be the property or parts thereof, if they can improve the conditions for the management of the property adjacent, constituting the property or the perpetual use of the perpetual person, who intends to do this property or its part of the acquisition, if not can be managed as a separate property;

7) is intended to constitute a non-monetary contribution (aport) to the company or to equip a newly created state or self-government legal person, or the property of the foundation created;

(8) is disposed of in favour of a specific economic zone in which the territory is situated;

9) the object of the sale shall be the share of the property and the divestment shall take place in favour of other co-owners of the property;

10. is disposed of in favour of churches and religious associations, having regulated relations with the State, for the purposes of sacral activity;

11) is sold to a private partner or to a company referred to in art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership, if the sale constitutes a contribution of its own public entity and the choice of a private partner has been made in accordance with the procedure laid down in Article 4 par. 1 or 2 of the established law;

12) is disposed of in favour of the entities referred to in art. 61 (1) 1;

13) is disposed of in favour of a special-purpose company created by the provisions of the Act of 7 September 2007. preparation of the final tournament of the European Football Championship UEFA EURO 2012 (Dz. U. of 2010 Nr 26, pos. 133, with late. zm.) or the relevant entities mentioned in Art. 17 para. 2 of the Act implementing the Euro 2012 projects, in order to implement them, in the event that its acquisition by the State Treasury or the local government unit was in accordance with the provisions of the Act of 7 September 2007. to prepare the final tournament of the UEFA EURO 2012 Football Championship EURO 2012;

14) is disposed of in favour of the investor pursuing an investment in the construction of the nuclear power plant in accordance with the provisions of the Act of 29 June 2011. about the preparation and implementation of investments in nuclear energy facilities and accompanying investments (Dz. U. Nr. 135, pos. 789, with late. zm.);

15) is disposed of in favour of an investor pursuing an investment in the terminal area or an accompanying investment in accordance with the provisions of the Act of 24 April 2009. about investments in the regasification terminal of liquefied natural gas in Świnoujście (Dz. U. of 2014 items 1501 and 2015 items 1045);

16) is disposed of in favour of the investor pursuing a strategic investment in the scope of the transmission network in accordance with the provisions of the Act of 24 July 2015. about the preparation and implementation of strategic investments in transmission networks (Dz. U. Entry 1265).

3. Wojewoda-in respect of immovable property owned by the State Treasury, and the relevant council or seismik-in relation to real estate owned by the local government unit, respectively by means of ordinance or resolution, may Exemption from the obligation to dispose of, by way of a tender, a property intended for housing construction or for the implementation of technical infrastructure facilities or other public objectives, where those objectives will be pursued by the entities for which they are the statutory objectives and whose income is allocated entirely to business statutory. This provision shall also apply when the sale of immovable property takes place in favour of a person who leases the property on the basis of a contract concluded for at least 10 years, if the property was built on the basis of a construction permit. This provision shall not apply where the acquisition of immovable property is subject to more than one entity complying with the above conditions.

4. The conclusion of the contracts of use, rental or lease for a period of time marked longer than 3 years or for unmarked time shall be made by tender. The water-water or the relevant council or seismist may authorise the waiver of the obligation to tender the mode of conclusion of those contracts.

4a. Contracts of use, rental or lease for a period of more than 3 years, or for an unmarked time shall be included in a non-bargaining route, if the user, tenant or tenant of the property is a public benefit organisation or the real estate user is a garden association within the meaning of the Act of 13 December 2013. about family horticultural gardens (Dz. U. of 2014 items 40 and of 2015 items 528).

5. The Minister responsible for the Treasury may waive the obligation to tender the mode of conclusion of the agreements referred to in paragraph. 3 and 4, in relation to the immovable property referred to in art. 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. 2 point 1, without having to exempt from the obligation or consent by the voyeurate accordingly.

Article 38. [ Conduct of the tender procedure] 1. The market shall announce, arrange and carry out the competent authority or minister responsible for the Treasury with regard to the immovable property referred to in art. 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. 2 point 1.

2. The notice of the invitation to tender shall be made public not earlier than after the expiry of the time limits referred to in art. 34 par. 1 (1) and (2) and (2) 4. The notice of invitation to tender shall include the information included in the list and the time, place and terms of the invitation to tender and, in the event of a subsequent invitation to tender or negotiations, of the time limits for the previous invitations to tender. The notice of invitation to tender shall be made at the premises of the competent office and, in addition, the notice of invitation to tender shall be made public in a manner customarily adopted in the locality concerned, and on the websites of the competent authority.

3. Prior to the announcement of the tender, the applications of persons entitled to acquire the property shall be considered in the way of the untenders. In the event of a positive examination of the request, the information on the property concerned shall not be included in the notice of invitation to tender.

4. The competent authority or minister competent for the State Treasury with regard to the property referred to in art. 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. Article 2 (1) may cancel the invitation to tender only for valid reasons, without delay giving notice of the award of the invitation to tender to the public, in the manner set out in paragraph 1. 2. The information shall also indicate the reason for the award of the tender.

Article 39. [ Consequences of the negative result of the tender] 1. If the first tender has ended with negative results, for a period of not less than 30 days, but not more than 6 months from the date of its closure, a second invitation to tender shall be carried out in which the competent authority or the minister competent for the matter shall take place. Treasury, in relation to the immovable property referred to in art. 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. Article 2 (1) may reduce the call price of the property fixed at the time of the first invitation to tender pursuant to Article 4 (1). 67 par. 2 point 2.

2. If the second tender ended with negative results, the competent authority or the minister competent for the State Treasury with regard to the property referred to in art. 57 (1) 1, and to immovable property included in the records referred to in art. 60a par. For a period of not less than 30 days, but not more than six months from the date of its closure, the property may either be fixed by negotiation or arrange for subsequent invitations to tender for not less than 30 days. When the conditions for subsequent tenders are fixed, the rules applicable to the organisation of the second invitation to tender shall apply.

3. In the event of the retention of the time limits referred to in paragraph. 1 and 2, the competent authority is not required to re-establish the list of properties intended for sale or for perpetual use of perpetual usuallers.

Article 40. [ Forms of tender] 1. The market shall be carried out in the form of:

(1) an unrestricted oral tender;

(2) a restricted oral tender;

(3) a written invitation to tender;

(4) a written invitation to tender.

2. The oral market is intended to obtain the highest price. The written invitation to tender shall be to select the most advantageous tender.

2a. The restricted market shall be organised if the tender conditions can be met only by a limited number of persons.

3. The tender shall be chosen by the organiser of the tender.

4. The tender shall be deemed to have been terminated with negative results if no one has entered into the oral tender or none of the participants has offered to do more than the call price or if neither one offer nor any of the tenders has been received by the written invitation to tender. the participants did not offer a price higher than the call, and if the tender committee concluded that no tender met the terms of the tender.

(5) A tender may, within seven days of the announcement of the outcome of the oral tender or the notification of the outcome of a written invitation to tender, challenge the operations relating to the performance of the tender in the case of the tender concerned. property of the State Treasury, or to the executive body of the local government unit, if the tender concerns the property constituting the property of the entity. Where the tender concerns the immovable property referred to in Article 57 (1) 1, and the properties included in the records referred to in art. 60a par. 2 point 1, the participant in the tender may challenge the activities related to the performance of the tender to the Minister responsible for the Treasury.

Article 41. [ Obligations of the organiser of the tender] 1. The organizer of the tender shall be obliged to notify the person established as the buyer of the property about the place and date of the conclusion of the contract of sale or devotion in the use of perpetual property, at the latest within 21 days from the date of the tender. The time limit laid down shall not be less than 7 days from the date of notification of the notification.

2. If the person established as a buyer of the property does not proceed without justification for the conclusion of the contract at the place and within the time limit set out in the notice referred to in the paragraph. 1, the organiser of the tender may waiver the conclusion of the contract and the paid-up of the defect shall not be refundable. The notice shall include information on this entitlement.

Article 42. [ Delegation] 1. The Council of Ministers shall determine by way of regulation, the manner and mode of conducting tenders for the disposal of real estate owned by the State Treasury or the ownership of local government units and the conduct of negotiations after the second tender, Having regard to the need to ensure the transparency and uniformity of the procedure, equal access to tender, the most favourable outcome of the invitation to tender.

2. By issuing the regulation referred to in paragraph 1. 1, the Council of Ministers shall determine:

1) the amount of the defect and the time limits and forms of its submission and return;

2) the manner, terms and content of the announcement of the tender;

(3) the mode of appointment, composition and operation of the tendering committee and the authorities responsible for the appointment of that committee;

(4) the preparation and content of the minutes of the invitation to tender;

5. the procedure for the award of the tender procedure;

(6) the procedure for the conduct of each type of tendering procedure and the conditions for the organisation of a restricted tender;

(7) the procedure for the conduct of the negotiations after the second invitation to tender.

Chapter 5

Dedication to sustainable management

Article 43. [ Form of the property of the property] 1. The Permanent Board is a legal form of property rule by an organizational unit.

2. The organizational unit shall have the right, subject to the paragraph. 6, the use of immovable property in a sustainable management board, and in particular to:

1) the use of immovable property in order to carry out activities belonging to the scope of its activity;

2) the construction, reconstruction, expansion, superstructure, reconstruction or renovation of the building object on the property, in accordance with the provisions of the construction law, with the consent of the supervising authority;

3) the devotion of the property or its part in the lease, lease or use for a period not longer than the time for which the permanent management was established, with the simultaneous notification of the competent authority and the supervisory authority, if the contract is concluded on time marked up to 3 years, or with the consent of those authorities, if the contract is concluded for a period of time marked longer than 3 years or an indeterminate period, however for a period not longer than the time for which a permanent board was established; consent is also required in where, after the contract concluded for a period of time marked with the parties, they contain successive contracts, the subject matter is the same property.

3. The properties referred to in art. 60a par. 1, given to the permanent administrative board of the Legislative Centre, the Prosecutor General of the State Treasury, the ministries, central offices and provincial offices or parts of these properties may be deducted in the lease, lease or use with the consent of the Minister the Treasury responsible for the Treasury.

4. The organization unit shall have the right to terminate, with the consent of the supervisory body, any lease, lease and lending of real estate or its parts, incriminating the property covered by the permanent management, with the conduct of the three-month term notice.

4a. The conformity referred to in paragraph. 2 (2) and (3) and (3) 4, as well as in art. 47 para. 1 and Art. 48 (1) 1, is not required in the case of the Chancellery of the Sejm, the Chancellery of the Senate, the Chancellery of the President of the Republic of Poland, the Chancellery of the Prime Minister, the Constitutional Court, the Ombudsman, the Ombudsman of the Children's Rights, the Supreme Court, The Supreme Administrative Court and other administrative courts, the Supreme Chamber of Control, the National Council of Radio and Television, the Prosecutor General's Office, the National Electoral Office, the Institute of National Memory-the Committee for the prosecution of crimes against Polish National and State Labour Inspectorate.

5. The property which is the object of the property or the object of the perpetual usualor of the State Treasury shall be given to the permanent administrative board of the State, and the property which is the property or object of the perpetual units of local government-an appropriate self-governing organisational unit, unless separate regulations provide otherwise.

(6) The wojewater or the relevant council or seismic may determine, by way of ordinance or resolution, the detailed arrangements for the use of immovable property by the organisational units.

Article 44. [ Establishment of a permanent management board] 1. Permanent management shall be established for an indeterminate period or time marked.

2. A request for the establishment of a permanent board shall be made by an organisational unit.

Article 45. [ Decision to establish a permanent management board] 1. Permanent management to the organisational unit shall be established by the competent authority, by decision, subject to art. 60 par. 2 and Article 60a par. 3.

2. The decision to establish a permanent management board shall include:

1. the name and seat of the business unit for which the permanent management is established;

2) the designation of the property according to the perpetual book and by the cadastral of the property;

3) the surface and description of the property;

4) the purpose of the property and the way of its development;

5) the purpose for which the property has been given to a permanent board;

6) the term of the property management;

7) the price of the property and the fee for the permanent board;

8) the possibility of updating the fee on the permanent management board;

9) the time for which the permanent board was established.

2a. In the case of immovable property entered in the register of monuments, in the decision to establish a permanent management board may be imposed, where necessary, for the organization unit the obligation to rebuild or overhaul located on this property of antique objects construction, within the time limit laid down in the decision.

3. The concept of immovable property shall be carried out on the basis of the protocol from the former and the receiver.

Article 46. [ Expiry of the permanent management board] 1. The Permanent Board shall expire on the expiry of the period for which it was established, or as a result of the decision of the competent authority on its expiry.

2. The competent authority may ex officio decide on the expiry of a permanent board in respect of immovable property or parts thereof, if it is established that:

1. the property has not been managed in accordance with the decision to establish a permanent management board;

2) the organization unit did not notify the competent authority of the devotion of the property or its part in the lease, lease or use or did not obtain the consent referred to in art. 43 par. 2 point 3;

3. the property shall be used inaccordance with its intended purpose as specified in the decision referred to in art. 45;

4) the way of using the property deteriorates the condition of the environment to a degree of life threatening, health or property;

5) the purpose of the property in the local plan has changed, which does not allow for the continued use of the property or its parts in the previous way, and the organizational unit has no possibility to change the way of using the property;

6) the property has become superfluous for the purpose set out in the decision to establish a permanent management board.

3. The extinguishing of a permanent board shall be tantamount to denunciation of the lease, lease or lending with three months ' notice, if the property in respect of which the permanent board has expired was rented, leased or used.

4. The decision on the termination of the permanent management of the organizational units:

(1) the Ministry of National Defence-requires the consent of the voyev, issued in agreement with the Minister responsible for national defence;

(2) the Ministry of Home Affairs-requires the consent of the voyev, issued in agreement with the Minister responsible for internal affairs;

3) the Ministry of Justice-requires the consent of the voyev, issued in consultation with the Minister responsible for justice;

4. the Internal Security Agency or the Intelligence Agency, shall require the consent of the voewater, issued in consultation with the Head of the Internal Security Agency or the Head of the Intelligence Agency, as appropriate;

5) The Central Anti-Corruption Bureau-requires the consent of the voyev, issued in consultation with the Head of the Central Anti-Corruption Bureau.

Article 47. [ Proposal for a decision on the expiry of the permanent management board] 1. An organisational unit with a permanent management may notify the competent authority of the application for a decision on the expiry of that management board to the whole property or parts thereof, if it has become redundant. The submission of the application should be preceded by the approval of the body supervising the business unit.

2. The competent authority shall issue a decision on the expiry of a permanent management board, at the request of the business unit, after obtaining the property management capacity, within 18 months from the date of submission of the application referred to in paragraph. 1.

3. In the cases referred to in paragraph. 1, the provision of Article 1 shall not apply. 46 (1) 4.

Article 48. [ Decision to transfer the permanent board] 1. The competent authority may decide, by decision, to transfer a permanent board between the organisational units at their request, with the consent of the bodies supervising those entities.

2. In the decision referred to in paragraph. 1, it shall rule on the expiry of a permanent board, hitherto exercised by the undertaking, and its establishment in favour of an organisational unit asking for a transfer. In those cases, the provisions of Article 1 shall apply. 45 par. 3.

3. If the transfer of a permanent board by an organisational unit takes place in favour of the entity referred to in art. 60 par. 1 or in Art. 60a par. 1, the establishment and the expiry of a permanent management board shall be decided by the competent authority or the Minister responsible for the Treasury with regard to the real estate in the permanent management of the units referred to in Article 3. 60 par. 1 or Art. 60a par. 1.

Article 49. [ Consequences of liquidation of the entity holding the permanent management] 1. The liquidation of the business unit of the permanent property management causes, subject to the paragraph. 2, its termination.

2. If the liquidation of the organizational unit takes place as a result of organizational transformations, the competent authority or the minister competent for the State Treasury in relation to the property included in the records referred to in art. 60a par. Article 2 (1), the expiry of the permanent management of the liquidated business unit or the termination of the permanent management of the liquidated organisational unit at the same time as the permanent management of the management board in favour of the liquidated entity. organizational units created as a result of these transformations or in favour of units taking over the task of the liquidated entity.

Article 49a. [ Relevant application of the provisions] The provisions of Article 4 43-49 shall apply mutatis mutandis in the case of:

1. giving in a permanent board the participation in the joint ownership or use of the perpetrative property of one or more organizational units;

2) devotion to the permanent management of the entire property of several organizational units in fractional parts, with an indication of the way of using this property by individual organizational units.

Article 50. [ Application of provisions of the Civil Code] The provisions of the Civil Code shall apply mutatis mutandis to permanent management in matters not governed by the Act.

Chapter 6

Transfer of immovable property to specific objectives

Article 51. [ Equipment in real estate of State organisational units] 1. The State legal person and the state organizational unit, as of the day of their creation, shall be equipped with the property necessary for their operations by the Minister responsible for the Treasury, the founding body or the body, respectively supervising.

2. The equipment consists of the transfer to the state legal entity of property ownership or the rendering of its land real estate in perpetual use or on the donation of the state real estate business unit to a permanent board.

3. On the equipment referred to in paragraph. 1, the property is allocated from the real estate assets of the State Treasury.

4. When equipping State legal persons, the transfer of immovable property shall be effected free of charge and the first fee for perpetual usucaption shall not be charged.

Article 52. [ Indication of immovable property intended for the provision of state organisational units] At the request of the Minister responsible for the Treasury, the founding authority or the supervisory body of the starosta, carrying out the task of government administration, indicates the properties that may be intended for the state equipment of the person legal or state organisational unit.

Article 53. [ Real Estate Equipment Resolution] 1. The Minister responsible for the Treasury or the founding body in the act on the establishment of the state legal person shall decide on the equipment of that person in the property referred to in art. 52.

2. The Minister competent for the Treasury or the founding body, performing the findings in the act on the establishment of the state legal person, transfers to the state legal person the property of the property or gives to that person the property of the land in perpetual use by means of a contract concluded in the form of a notarial deed.

Article 54. [ Equipment in property and devotions to the permanent board] 1. The supervisory authority in the act on the establishment of the state organisational unit shall equip this unit in the property referred to in art. 52.

2. The Starosta, carrying out a task from the scope of government administration, performing the findings of the act on the establishment of the state organisational unit, will give this property to the property in a permanent management by decision.

Article 55. [ Exclusion of certain provisions] In the event that the state legal persons or state organisational units are created as a result of the division of existing legal persons or organisational units, the provisions of art shall not apply. 52 if the equipment relates to immovable property to which the rights have been granted to persons or to individuals who have been subdivided.

Article 56. [ Appropriate application of certain provisions] The provisions of Article 4 shall apply mutatis mutandis to the creation or appointment of local legal persons or local government units. 51 and Art. 53-55, with the fact that for the equipment of these persons or units the executive body of the municipality, district or province shall allocate the property respectively from the municipal, district or voivodship of the real estate resource.

Article 57. [ Real estate remaining after liquidation or privatization of the state legal person] 1. The rights to immovable property, which remain after the liquidated or privatized state legal person, pass by virtue of the law to the State Treasury respectively with the date of liquidation or the date of termination of the privatization.

2. The manner in which these properties are managed shall be decided by the Minister responsible for the Treasury, unless otherwise provided for in separate provisions.

3. If the Minister responsible for the Treasury or any other body authorized under the separate regulations has not managed the property referred to in the paragraph. 1, it shall transfer them to the real estate resource of the State Treasury.

4. In the event of liquidation or privatization of the local government, the legal person shall apply the paragraph. 1-3, with the fact that the real estate which has not been managed, the executive body of the local government unit enables the protokolarnie respectively to the municipal, district or voivodship of the real estate resource.

5. Real estate owned by the State Treasury, for which the permanent management has expired as a result of liquidation of the organizational unit, subject to the provision of art. 49 (1) 2, the supervising authority transfers the protocolarnie to the property of the State Treasury, and if the property is the property of local government units, the supervising authority shall include them in the property resource of the relevant entity local government.

Article 58. [ Real estate as a contribution to the company] 1. Real estate owned by the State Treasury may be contributed as a non-monetary contribution (aport) to the company by the Minister responsible for the Treasury, by means of a contract concluded in the form of a notarial deed.

2. In the case of the transfer of the property as a non-monetary contribution (a contribution) to the company, the provision of art shall apply mutatis mutandis. 52.

Article 59. [ Equipment of certain foundations] 1. The Minister competent for the Treasury may equip the Foundation or make a donation of real estate from the Treasury resource to the Foundation and to the organization of the public benefit of the activities referred to in art. 68 par. 1 point 2, for its statutory objectives.

2. In the case of non-use of the property on the purpose for which the property was given, the donation refers to or the minister competent for the Treasury may consent to the divestment of the property. The provisions of Article 4 5b and 5c of the Act of 8 August 1996. on the rules of exercise of the powers conferred on the State Treasury (Dz. U. 2012 r. items 1224, as of late. zm.) shall apply mutatis mutandis.

3. A legal action by a foundation or an organisation of a public benefit in violation of the provision of a paragraph. 2 is invalid.

4. In the cases referred to in paragraph. 1, the provisions of Article 1 shall apply mutatis mutandis. 51 (1) 2 and 4 and Art. 52.

5. The Agricultural Property Agency and the Military Property Agency may, under the conditions set out in the paragraph. 1, equip the foundation or make to it or to the benefit of the organization of the benefit of public donations of the property, in relation to which they exercise the rights of the owner of the State Treasury, after prior agreement with the Minister competent for the Treasury States. If the property is not used for this purpose, the donation is referred to. The provisions of the paragraph 2-4 shall apply, except that the agreement referred to in paragraph 1 shall be applied. 2, expresses, after prior agreement with the Minister responsible for the Treasury, the Agricultural Property Agency and the Military Property Agency, respectively.

Article 60. [ Powers of the Minister in relation to certain properties of the State Treasury] 1. The property of the State Treasury for the statutory needs of the Chancellery of the Sejm, the Chancellery of the Senate, the Chancellery of the President of the Republic of Poland, the Constitutional Tribunal, the Ombudsman Civil rights ombudsman, Supreme Court, Supreme Administrative Court and other administrative courts, Supreme Chamber of Control, National Council of Radio and Television, Prosecutor General's Office, National Electoral Office, Institute of National Electoral National Memory-Commission for the prosecution of crimes against the Polish Nation and The State Labour Inspectorate shall be hosted by the Minister responsible for the Treasury as set out in the paragraph. 2, 3 and 4.

1a. For the statutory needs referred to in paragraph 1. 1, shall be understood necessary to carry out the tasks and objectives of the statutory needs of organizational cells, in particular the chambers, departments and branches, specified in the statutes or regulations of the organizational units mentioned in the paragraph. 1.

2. The Minister competent for the Treasury shall give free, by decision, to the organisational units referred to in the paragraph. 1, in a permanent real estate management representing the property of the State Treasury, after prior acquisition of the necessary documentation from the starost, performing the task of the government administration.

2a. The organisational units referred to in paragraph 2. 1, performing a permanent real estate management:

1) carry out the factual and legal actions related to the maintenance of these properties;

2) cooperate with the Minister competent for the Treasury and with other bodies, which under separate regulations are hosting the real estate of the State Treasury, as well as with the appropriate units of local government;

3) undertake tasks in judicial and administrative proceedings, in particular in matters: concerning the property or other property rights in real estate, from the ratio of rental, lease or lending, to the statement of the acquisition of property property by planting, concerning the division of immovable property.

3. If the property has been given to the permanent management of the organisational units referred to in paragraph 3. 1, they have become superfluous, the Minister responsible for the Treasury, after the prior decision on the expiry of this management board, shall transfer them to an old-age, executing task in the scope of government administration. The provisions of Article 4 46 and 47 shall apply mutatis mutandis.

4. In the event of liquidation or conversion of the units referred to in paragraph. 1, the Minister responsible for the Treasury shall decide, within 6 months of the end of the liquidation or conversion, of the manner in which the immovable property in the permanent management of these units is to be managed. After the expiry of this period, the undeveloped property shall be transferred to an old, executing, administrative task.

Article 60a. [ State Treasury Property Management] 1. The property of the property of the State Treasury, which is intended to be used for:

1) the needs of the Chancellery of the Prime Minister, the Government Legislative Centre, the Public Prosecutor's Office of the State Treasury, ministries, central government offices and provincial offices,

2) the statutory needs of the General Directorate for National Roads and Motorways, excluding areas

-Host Minister responsible for the Treasury, subject to Art. 43 par. 2 and 4.

2. As part of the management of the Minister responsible for the Treasury:

1) conducts, according to the real estate cadence, the records of the property intended for the organisational units mentioned in the paragraph. 1;

2) conducts, in accordance with the principles of the correct economy, the planning policy in terms of acquiring or taking over from the starosty, performing the task of government administration, real estate for the needs of the organizational units mentioned in the mouth. 1 and the sale or transfer to the starosty, performing the task of government administration, property superfluous for the needs of the business units mentioned in the paragraph. 1;

3) ensure the valuation of the property;

4) draws up a plan to use the property-art. 23 (1) 1d shall apply mutatis mutandis;

5) carry out the factual and legal actions related to the maintenance of the immovable property in a durable management;

6) cooperate with the competent authority and with other bodies, which under separate regulations are hosting the real estate of the State Treasury, as well as with the appropriate units of local government;

7) sell, and rent, rent, use, or transfer to an ancient, executing government task, real estate, if it became redundant for the business units mentioned in the mouth. 1;

8) acquires on property or in the use of perpetual property for the purposes of the organization units listed in the mouth. 1, subject to Article 17;

9) make the conversion of property rights, the conversion of the right of ownership to the right of perpetual usuem or the right of use of perpetual on property, as well as the conversion of the rights of perpetual usuem, in relation to the immovable property in its records, between the Treasury States and local government units, for the purposes of the organisational units mentioned in the paragraph. 1;

10) undertake tasks in judicial and administrative proceedings, in particular in matters concerning property or other rights in rem on immovable property, about the determination of the acquisition of property ownership by the incumbation, concerning the division property, as well as in respect of lease, lease or lending, in respect of immovable property in a sustainable management;

11) submit applications for the establishment of a perpetual book for the property of the State Treasury and for an entry in the perpetual ledger;

12) lays down limited rights in rem in relation to the immovable property referred to in paragraph. 1;

(13) establish a permanent board of directors free of charge in the manner set out in the paragraph. 3-6.

3. The Minister competent for the Treasury shall pay free of charge, by decision, to the organisational units referred to in paragraph. 1, in the sustainable management of the immovable property referred to in paragraph. 1.

4. The Minister competent for the Treasury may rule, by decision, to transfer a permanent board between the organizational units referred to in paragraph. 1, at their request. The provisions of Article 4 48 shall apply mutatis mutandis.

5. The Starosta performing the task in the field of government administration, passes along with the documentation of the property belonging to the property of the State Treasury, necessary for the needs of the organizational units mentioned in the paragraph. 1, the minister competent for the Treasury, at his request, within 2 months from the date of submission of the application.

6. If the property has been given to the permanent management of the organisational units referred to in paragraph 1. 1, they have become superfluous, the Minister responsible for the Treasury, after the prior issuance of the decision on the expiry of the permanent board, resolves the way the property is managed. The provisions of Article 4 46 and 47 shall apply mutatis mutandis.

Article 61. [ Forwarding real estate to diplomatic services] 1. diplomatic representatives or consular posts of foreign states and other representative offices and institutions with regard to privileges and immunities, on the basis of laws, international agreements or universally applicable laws the customs of the international property of the State Treasury may be, on a reciprocal basis, disposed of or put into use, lease or rental.

2. Contracts with the entities referred to in paragraph 1, contains the Minister responsible for the Treasury. The Minister may grant the bonification referred to in Article 68 par. 1 point 11, at the request of the Minister competent for foreign affairs.

3. The unit of local government shall be obliged to indicate and transfer the property of the property to the State Treasury, if it is necessary for the purposes referred to in the paragraph. 1. The contract of transfer of immovable property to the property of the State Treasury shall contain with this unit the starosta, performing the task of the government administration, in agreement with the Minister competent for the Treasury.

4. In matters not regulated in the mouth. 1-3 shall apply mutatis mutandis. 60 par. 3 and 4.

Chapter 7

Determination of the manner and time-limits for land property management

Article 62. [ The content of the property agreement for perpetual use of the property] 1. In the contract for the surrender of land real estate in perpetual use shall be determined and the term of its zoning, including the date of construction, in accordance with the purpose for which the land property has been put into perpetual use.

2. If the development of the land property consists in the construction of the land property, the start date or the deadline for completion of the building shall be set.

3. The construction of the foundations is considered to be the start of the construction, and for the completion of the construction of the construction of the building in a strict state of the closed state.

4. The term referred to in paragraph 1, may be extended at the request of the perpetual user, if he could not be kept for reasons beyond the control of the user.

Article 63. [ The effects of the immovable property within the time limit] 1. In the event of failure to meet the time limits for land property development referred to in art. 62, the competent authority may set an additional time limit.

2. In the event of failure to meet the time limits referred to in paragraph. 1 and in Art. 62, additional annual fees may be fixed for the perpetual user, irrespective of the perpetual usucaption fees laid down in accordance with Chapter 8 of Chapter II.

3. The amount of the additional annual fee referred to in paragraph 3. 2, shall be 10% of the value of the land property as defined at the date of fixing the charge for the first year, after the unsuccessfully expiry of the time limit for its use, fixed in the contract or decision. For each next year, the fee shall be increased by a further 10% of this value.

4. The fees referred to in paragraph 2, the competent authority shall determine by decision.

Article 64. [ Contribution of additional annual fees] 1. The obligation to incur additional annual fees shall be incurred as of 1 January of the year following the unsuccessfully expiry of the dates for the use of land real estate established in the contract or decision.

2. The fees for a given year shall be submitted by 31 March each year.

Article 65. [ Exemptions] 1. No additional annual fees shall be charged in the event of:

1) unbuilding of technical infrastructure facilities in the area where the land property is located, if the competent authority is required to build these facilities, and their lack would prevent the use of the facilities to which the building the perpetual user has been obliged by contract or decision to be perpetual;

2) the submission to the competent authority of the application for termination of the contract for the devotional land property in perpetual use.

2. In the case referred to in paragraph. 1 point 2, the provisions of Article 1 shall apply. 33 (1) 3 and 3a.

Article 66. [ Application of chapter provisions] The provisions of this Chapter shall apply mutatis mutandis to a permanent management board.

Chapter 8

Real estate prices, fees and charges

Article 67. [ Real Estate Pricing Rules] 1. The price of the property shall be determined on the basis of its value.

1a. The price of the premises, marked as the subject of separate property, includes the premises together with the premises owned, within the meaning of the Act on the property of the premises and the share of the common property.

2. In the sale of real estate by tender, the following rules of pricing shall be applied:

1) the call price in the first tender shall be fixed at a rate which is not lower than the value of the property;

2) the call price in the second tender may be established at a rate lower than the value of the property, however, not less than 50% of that value;

3) the price of the property, which is required to pay its buyer, shall be determined in the amount of the price obtained by the tender;

4. if the second tender has ended with negative results, the price of the property shall be determined in the negotiations with the purchaser not less than 40% of its value.

3. When selling the property in the way of the untender referred to in art. 37 par. 2 and 3, the price of the property shall be fixed at a rate which is not lower than its value, subject to the paragraph. 3a.

3a. If the property is sold by a non-bargaining route for the execution of claims entitled under this Act or separate regulations, the price of the property shall be set at an amount equal to its value.

4. The provisions of the paragraph. 2-3a shall not apply when disposing of immovable property in favour of the entities referred to in art. 61 (1) 1.

Article 68. [ Bonificates] (1) The competent authority may grant the cost of the price fixed in accordance with Article 3 (1) (a). 67 par. 3, on the basis of respectively the management of the wojewater, or the resolution of the council or the seismic, if the property is sold:

1) for residential purposes, for the implementation of technical infrastructure equipment and other public objectives;

2) natural persons and legal persons who carry out charity, care, cultural, medical, educational, scientific, research and development, educational, sporting or tourism activities, for non-profit-making purposes, and public benefit organisations for the purpose of the business of public benefit;

3) garden associations within the meaning of the Act of 13 December 2013. family horticultural gardens intended for family parcels;

4. the previous owner or his heir, if the property was taken over from him before 5 December 1990;

5) to the State Treasury or to the local self-government unit;

6) churches and religious associations, having regulated relations with the state, for the purposes of sacral activity;

7) as a dwelling;

8) as a result of taking into account the claims referred to in art. 209a ust. 1 and paragraph 2;

9) housing cooperatives in connection with the establishment of a separate property of the premises or with the transfer of the property of the premises or single-family houses;

10) the person referred to in art. 37 par. 2, point 6, provided that the property is adjacent to or used for housing purposes;

11. the entities referred to in art. 61 (1) 1;

12) for the purposes of implementing the revitalization ventures referred to in art. 15 para. 1 point 5 (a) and the Act of 9 October 2015. o Revitalization (Dz. U. Entry 1777).

1a. In the case referred to in paragraph 1. 1 point 7, the bonifikat covers the price of the premises, including the price of the share of the land ownership or, where the participation includes the right of perpetual usualment, the first fee of that title. The bonifikata from the price of the premises shall include all its components in the same amount.

1b. In the management of the wojewater, or the resolution of the council or the seismic referred to in paragraph 1. In particular, the conditions for the granting of discounts and the rate of interest rates shall be laid down in particular. The management of the wojewater or the resolution of the council or purse shall constitute an act of local law or may relate to individual properties.

2. If the purchaser of the property has acquired the property or used it for other purposes than the purposes justifying the award of the property, before the end of 10 years, and in the case of a property constituting a dwelling place before the end of the 5 years, counting from the date of acquisition, is obliged to refund the amount equal to the one granted to the bonification after its valorisation. Reimbursement shall be made on request of the competent authority.

2a. Provision of the paragraph 2 shall not apply in the case of:

1) Divestment to a loved one, subject to the paragraph. 2b;

2) divestments between local government units;

3) divestments between local government units and the State Treasury;

4) replacement of a dwelling for:

(a) other dwellings which are the subject of ownership or of cooperative ownership of the dwelling, or

(b) property intended or used for residential purposes which is the subject of ownership or perpetual usuup rights;

5) the sale of the dwelling, if the funds obtained from its sales were used within 12 months for the acquisition:

(a) another dwelling which is the subject of a property right or the object of a cooperative right to a dwelling, or

(b) property intended or used for residential purposes which is the subject of ownership or the right of perpetual usuem.

2b. Paragraph Recipe 2 shall apply mutatis mutandis to a close person who has consumed or used the property for other purposes than the objectives justifying the award of a bonification, before the end of the 10-year period, and in the case of a property constituting a dwelling place before the end of the 5 year period, counting from the date of primary acquisition.

2c. The competent authority may refrain from requesting the reimbursement of the discounts granted, in other cases than those referred to in paragraph 2. 2a, with the consent of the wojewater, the council or the seismic respectively.

2d. Where, in the cases referred to in paragraph 1, the 2a (4) or (5), the acquisition or conversion of a property or a dwelling place has not been used by all the means obtained, the obligation to reimburse the goods referred to in paragraph 2 (1). 2, refers to the amount corresponding to the part of the discounts not used for the acquisition or conversion, after the valorisation.

3. Fixed, according to art. 67, the price of the property or its part entered in the register of monuments shall be reduced by 50%. The competent authority may, with the agreement of the water or council or the purse, respectively, increase or decrease that bonification.

3a. The conformity referred to in paragraph 1 shall be provided for in paragraph 1. 2c and 3, may involve more than one property.

4. In the event of the conquest of the rights to the sinification of the titles referred to in the paragraph. 1 and paragraph. 3, one bonificata is used more favourable to the purchaser.

Article 68a. [ Bonifikata for Real Estate Sales] 1. The competent authority may grant, with the agreement, the water or council or the seismic, respectively, of the price fixed in accordance with Article 4 (1) of the EC Regulation. 67 par. 3 if the property is sold to a private partner or to a company referred to in art. 14 para. 1 of the Act of 19 December 2008. o public-private partnership, if the sale is a contribution of its own public entity.

2. The sale of real estate on the basis specified in the paragraph. 1 shall be subject to the right of repurchase. The implementation of the repurchase law shall take place no later than six months after the end of the duration of the public-private partnership agreement.

3. The private partner or the company referred to in Article 3 shall be redeemed at the time of repurchase. 14 para. 1 of the Act of 19 December 2008. o public-private partnership, it is obliged to transfer to the public entity the property of the property for the reimbursement of the price determined in accordance with the paragraph. 1 and after taking into account its valorisation.

4. To the right of redemption referred to in paragraph. 2, the provisions of Article 2 shall not apply. 593 § 1 and Art. 594 of the Act of 23 April 1964. -Civil Code.

Article 69. [ Amounts to be counted against the price of the property] The price of the land property sold to the perpetual user shall include an amount equal to the value of the right of use of the perpetual property, determined on the basis of the date of the sale.

Article 70. [ Payment method] 1. The price of the property sold by tender shall be subject to payment no later than on the day of conclusion of the contract transferring the property.

2. The price of the property sold by a free of bargaining or by way of negotiations referred to in art. 37 par. 2 and 3 and in Article 39 (1) 2, may be spread into instalments, for a period of not more than 10 years. The claim of the State Treasury or local government units in relation to the purchaser under this title shall be subject to security, in particular by the establishment of a mortgage. The first instalment shall be subject to payment no later than the date of conclusion of the contract transferring the property of the property, and the following instalments together with interest rates shall be paid within the time limits set by the parties in the contract.

3. The unpaid part of the price applied to the instalment shall be subject to interest rates at the application of an interest rate equal to the rate of redeed of the bills used by the National Bank of Poland.

4. The voivodship in relation to the property constituting the property of the State Treasury, and the council or the seismist in relation to the property constituting, respectively, the property of the municipality, the district or the voivodship, may consent to the application, another than that referred to in paragraph. 3, interest rate.

Article 71. [ Perpetual Use Charges] 1. The first fee and annual fees shall be levied for the devotional property to be paid in perpetual use.

2. The first fee for the transfer of land property in perpetual use by tender shall be paid once, no later than the date of conclusion of the contract for the surrender of this property in perpetual use.

3. The first fee for the devotion of land property in perpetual use by means of an unbargaining can be spread into interest-bearing installments. In those cases the provision of Article 4 (1) shall apply. 70 par. 2-4.

4. The annual fees shall be payable throughout the period of perpetual usuup, by 31 March each year, in advance for the year in question. The annual fee shall not be charged for the year in which the law of perpetual usuup was established. The competent authority may, at the request of a perpetual user submitted not later than 14 days before the expiry of the period of payment, set a different date for payment not exceeding the calendar year in question.

5. The first charge shall not be levied in the case of the conversion referred to in Article 3. 14 para. 4 and art. 15 para. 2.

6. In the event of an expiry of the use of perpetual usucaption for the year in which the right has expired, the annual fee shall be reduced in proportion to the duration of the perpetual use of the perpetual usuem of that year.

Article 72. [ Percentage Rates] 1. The charges for perpetual usualies shall be determined at the rate of interest on the price of the land property determined in accordance with the Art. 67.

2. The percentage of the first fee for perpetual usucaption is between 15% and 25% of the price of the land property.

3. The amount of the percentages of the annual charges for perpetual usucaption shall be subject to the objective of the land property set out in the contract, and shall be:

1) for land property data for the purposes of defence and security of the state, including fire protection-0,3% of the price;

2) for land property for the construction of sacral buildings together with accompanying buildings, rectory in diocesan and religious parishes, diocesan archives and museums, clerical seminars, religious houses, and the headquarters of the churches ' authorities and denominations-0,3% of the price;

3) for land property for charitable activities and for non-profit activities: caring, cultural, medical, educational, educational, scientific or R&D activities-0.3% of the price;

(3a) for land property, for agricultural purposes, 1% of the price;

4) for land property for residential purposes, for the implementation of technical infrastructure facilities and other public and sporting activities-1% of the price;

4a) for land real estate for tourist activity-2% of the price;

5) for other land properties-3% of the price.

Article 73. [ Setting of charges for perpetual use] 1. If the land property has been put into perpetual use for more than one purpose, the percentage rate of the annual fee shall be adopted for that purpose, which in the contract for the perpetual use of the perpetual use has been determined as the primary.

2. If, after the return of the land property to the perpetual use, there will be a permanent change in the way in which the property is used, which changes the purpose for which the property has been paid, the percentage rate of the annual fee varies according to that purpose. The procedure laid down in Article 4 (1) shall apply to the procedure laid down in Article 4. 78-81.

2a. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to the participation in the right of use of perpetual land real estate, in the case of:

1) the establishment of a separate property of the premises, the purpose of which is different from the purpose for which the property was dedicated to perpetual usualance, or

2) changes in the use of the premises.

(3) The competent authority may grant discounts from the first levy and annual fees, on the basis of the management of the wojewater, or the resolution of the council or the seismic. In particular, the conditions for the granting of discounts and the level of the interest rates shall be laid down in the management of the wojewater or by the resolution of the council or seismic. These discounts may also be used for land real-estate services for perpetual use prior to 1 January 1998.

4. Fixed, according to art. 72 par. 2 and 3 (5), the perpetual usucaption charges shall be reduced by 50% if the land property is entered in the register of monuments. The competent authority may, with the agreement of the water or council or the purse, respectively, increase or decrease that bonification.

5. The amount of the first fee and annual fees and the payment of the discounts and the manner of payment of these fees shall be determined in the contract.

6. The competent authority shall pronounce a reversal if the person to whom the immovable property has been given, before the expiry of 10 years from the date on which that right has been established, has disposed of it or has made use of the property for other purposes other than those of the justifying the granting of a bonification. The denunciation shall apply mutatis mutandis. 78-81.

7. The provision of the paragraph. 6 shall not apply in the case of disposal:

1. to the benefit of a close person;

2) between the units of local government;

3) between the local government units and the State Treasury.

Article 74. [ Bonifikates for low-income earners] 1. Physical persons whose monthly income per one member of the household does not exceed 50% of the average salary in the national economy in the year preceding the year for which the fee is to be paid, announced by the President of the Main Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski", on the basis of art. 20 pt. 1 lit. and the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2015 items 748, of late. zm.), the competent authority shall grant at their request 50% of the discounts on annual charges for the use of perpetual land real estate if the property is intended or used for housing purposes.

2. The persons referred to in paragraph. 1 to which the cooperative rights of the premises are entitled shall benefit from discounts in the form of reductions in fees for participation in the operating costs of buildings. The amount of the relief shall correspond to the amount of the annual fee for the use of the perpetual land property granted to the housing cooperative, in proportion to the premises occupied by the persons entitled to the discounts.

Article 75. [ Dial-in selection] In the event of the conquest of the rights to the sinifikat of the titles referred to in art. 73 (1) 3 and para. 4 and Art. 74 par. 1, the one more favourable to the perpetual user shall be used.

Article 76. [ Increase of charges, non-collection] 1. The percentage of annual fee for land property referred to in art. 72 par. 3 point 5, may be increased by the management of the wojewater in relation to real estate owned by the State Treasury or the resolution of the relevant council or the seismick in relation to real estate owned by local government units. The increase in the percentage rate may take place only before the land property is returned to the perpetual use of the land.

2. Annual payments shall not be collected from the perpetual users who, on the basis of the provisions the Act of 14 July 1961. about the economy of the land in cities and settlements (Dz. U. of 1969. Nr 22, pos. 159, of 1972 Nr 27, pos. 193 and 1974. No 14, pos. 84) [ 1] they have entered a one-off annual fee for the entire period of perpetual usuup. The users of the perpetrators who have paid annual fees for a period shorter than the duration of the perpetual usudates shall pay an annual fee after the expiry of that period.

Article 77. [ Toll Update] 1. The amount of the annual fee for the use of perpetual land real estate, subject to the paragraph. 2 and 2a, shall be updated no more than once every 3 years, if the value of this property is changed. The updated annual fee shall be fixed, using the rate of interest to date, on the value of the property as determined on the day of the charge.

(2) If the value of the land property at the date of updating the annual fee would be lower than the fixed price of that property on the date of the perpetual use of the property, the update shall not be carried out. In the case of immovable property for perpetual use, the housing provision shall apply within a period of 5 years from the date of conclusion of the contract for perpetuation of the property in perpetual use.

2a. Where the updated annual fee exceeds at least twice the amount of the annual fee so far, the perpetual user shall pay an annual fee equivalent to twice the annual fee. The remaining amount more than twice the previous charge (surplus) shall be spread over two equal parts, which shall increase the annual fee in the following two years. The annual fee for the third year after the update is equal to the amount resulting from this update.

3. The update of the annual fee shall be made either from the office or at the request of the user of the perpetual land property, on the basis of the value of the land property specified by the property-valuer.

4. When updating the fee referred to in paragraph. 1, for the difference between the current fee and the update fee, the value of the expenses incurred by the perpetual owner of the property for the construction of the different technical infrastructure equipment after the last day of the last updates.

5. The loss of the value of expenses incurred by the perpetual real estate user for the construction of individual technical infrastructure devices shall also occur in the event that they have not been included in the previously made updates.

6. The rules referred to in paragraph. 4 and 5 shall apply mutatis mutandis to the inputs required to affect the technical characteristics of the land incurred by the perpetual user, as long as the value of the land property has increased in the aftermath of the perpetual operation.

Article 78. [ Termination of the current fee] 1. The competent authority intending to update the annual fee for the use of perpetual land property shall state in writing the amount of the previous fee, until 31 December of the preceding year, and shall simultaneously send the tender. the adoption of its new height. Indicate how you want to calculate the new amount of the fee and instruct the perpetual user about how to challenge the notice. The notice shall be accompanied by information on the value of the immovable property referred to in Article 4. 77 par. 3, and the place where you can get acquainted with the estimated opera. The provisions of the Code of Administrative Procedure shall apply for service of denunciation.

2. The perpetual user may, within 30 days from the day of receipt of the notice, submit to the local board of appeal the competent due to the place of the location of the property, hereinafter referred to as the "college", the request to establish that the update of the fee is unjustifiable or is justified in a different amount.

3. The application referred to in paragraph 1. 2, shall be filed against the competent authority. The burden of proof that there are conditions for updating the fee shall lie with the competent authority.

4. The application referred to in paragraph 1 shall be submitted. 2, does not exempt from payment of fees in the current amount. Where the application is not lodged, the competent authority and the perpetual user shall be subject to the new amount of the fee to be offered at the termination. Article Recipe 79 par. 5 shall apply mutatis mutandis.

Article 79. [ Application to the College] 1. The application to the college shall be made in writing in two copies. It shall be subject to a tax charge.

2. The College shall set a time limit for the first hearing without delay, serving the competent authority with a copy of the application at the same time.

3. The College should strive for an amicable settlement of the case by settlement. If the agreement has not been reached, the college shall issue a decision to dismiss the request or to fix a new amount of the fee. The decision of the college shall not be granted.

4. If the application is dismissed, the amount of the fee offered in accordance with the Article shall apply. 78 par. 1. Paragraph Recipe 5 shall apply mutatis mutandis.

5. The new amount of the annual fee shall apply as from 1 January of the year following that in which the amount of the previous payment was made, as a result of a final decision of the college or following the conclusion of the agreement before the college.

6. At the request of the competent authority of the college, it shall grant a refund of the costs of the proceedings and of the treasury fees from the perpetual user, if it has rejected the application referred to in paragraph 1 in the decision. 1. If the college in the decision has accepted the application as valid, it shall grant at the request of the user a perpetual reimbursement of the costs and fees from the competent authority.

(7) The provisions of the Code of Administrative Conduct on the exclusion of a staff member and of the body, the handling of cases, service, summons, time limits and proceedings, with the exception of those relating to the rules of procedure, shall apply to the proceedings before the College cancellations and complaints. The provisions on charges and costs shall also apply to the proceedings referred to above.

8. The provisions of the paragraph. 4 and 5 shall apply mutatis mutandis where the case has been adjudicated by a final judgment or a court settlement has been concluded, following an objection.

9. The judgment or settlement of which the college has granted a declaration of enforceability shall be enforceable by means of judicial enforcement.

Article 80. [ Opposition from the college ruling] 1. From the college decision, the competent authority or the perpetual user may object within 14 days from the date of service of the decision. The lodging of an objection is tantamount to requesting that the matter be referred to the general court due to the place where the property is located.

2. The College shall provide the competent court with the file of the case together with the opposition. The proposal referred to in Article 78 par. 2, supersedes the lawsuit.

3. In the event of an objection within the time limit, the decision shall be forfeit, even if the opposition refers only to the part of the decision.

4. If the opposition concerns only the costs of the proceedings, the provision of a paragraph 3 shall not apply and the competent court shall decide on the costs of the proceedings by order in an implicit meeting.

Article 81. [ Requesting annual fee update] 1. The perpetual user may require the competent authority to update the annual fee for the use of perpetual land real estate if the value of the property has changed and the competent authority has not taken up the update. Service of the request should be made in writing by 31 December of the year preceding the update of the annual fee. If the competent authority has refused to update the charge, the perpetual user may, within 30 days of the date of receipt of the charge, refer the matter to the college. Where the competent authority has not examined the request within 30 days, the perpetual user may, within 90 days of the date of service of the request, refer the matter to the college. The provisions of Article 4 77-80 shall apply mutatis mutandis.

2. The burden of proof that there are conditions for updating the fee shall rest on the perpetuation of the perpetrate.

3. If the application is dismissed by the College, the current fee shall apply.

4. The new amount of the annual fee, determined by the competent authority as a result of the implementation of the request referred to in the paragraph. 1, or as a result of a final college or settlement agreement entered into before the College, shall apply from 1 January of the year following the year in which the perpetual user requested the update.

5. The provisions of the paragraph. 3 and 4 shall apply mutatis mutandis where the case has been adjudicated by a final judgment or a court settlement has been concluded, following an objection.

Article 82. [ Annual fees for the property given to the permanent management] 1. For the property given to the permanent board the annual fees shall be collected.

2. The annual fees shall be paid during the entire period of the permanent board, by 31 March each year, in advance for the year in question. In the first year following the establishment of a permanent management board, the annual fee shall be paid no later than 30 days after the date on which the decision to place the property in a permanent board has become final. This fee shall be fixed in proportion to the remaining use of the management board during the year in question.

3. The competent authority may, at the request of an organisational unit submitted not later than 14 days before the expiry of the time limit for payment of the annual fee, set a different date for payment of that fee, not exceeding the given calendar year.

Article 83. [ Pricing rules] 1. Permanent management fees shall be determined at the rate of interest on the price of the property determined in accordance with the art. 67 par. 3.

2. The amount of the percentages of the annual fees for the permanent board shall be subject to the purpose for which the property has been allocated, and shall be:

1) for the property set aside for the purposes of defence and state security, including fire protection-0,1% of the price;

(2) for immovable property for residential purposes, for the implementation of technical infrastructure and other public objectives, charitable, caring, cultural, medical, educational, scientific, research and development, educational, sporting or scientific purposes tourist, as well as on the seat of the authorities and public administration not mentioned in art. 60 par. 1 and in Art. 60a par. 1-0,3% of the price;

3) for other properties-1% of the price.

3. Non-annual fees for immovable property are not collected for the permanent management of public roads, parks, greens, botanical gardens, zoological gardens and nature reserves.

Article 84. [ Choice of interest rate, change in way of use of real estate, discounts] 1. If the property given to a permanent board is used for more than one purpose, the percentage rate of the annual fee shall be adopted for that purpose, which in the decision to give in to the permanent board was determined as the primary.

2. If, after the transfer of the property to the permanent board, the change in the use of the property will occur, the percentage rate of the annual fee shall be changed according to the modified way of use. Changes in the percentage of the annual fee shall be made by decision of the competent authority.

(3) The competent authority may grant, with the agreement of the voicins or of the council or of the seis/ of the competent authority respectively, a bonification of the annual charges fixed in accordance with the provisions of the Article. 83 (1) 2, if the property is given:

1) for residential purposes, for the implementation of technical infrastructure equipment and other public objectives;

2. organisational units which carry out charitable, care, cultural, medical, educational, scientific, research and development, educational, sporting or tourism activities, for purposes not related to gainful activities;

3) at the headquarters of public administration bodies and courts not listed in art. 60 par. 1 and the public prosecutors;

4) on the premises of the arrests of investigators, penal establishments and establishments for minors.

4. Fixed, according to art. 83 (1) 2 point 3, the fees for the permanent board shall be reduced by 50% if the property or its component part has been entered in the register of monuments. The competent authority may, with the agreement of the water or council or the purse, respectively, increase or decrease that bonification.

4a. In the event of the conquest of the rights to the noitism of the titles referred to in paragraph. 3 and para. 4, one bonificata is used more favourable to the business unit.

(5) The amount of the annual fees and the discounts granted and the manner in which those fees are paid shall be determined by the decision of the competent authority.

Article 85. [ Annual fees for the permanent management] 1. The business unit which has the permanent management of the property, which has given the immovable property or part of it to the lease or lease, may be deprived of its entitlement to the property referred to in Art. 84 (1) 3 and 4, and may also be obliged to pay annual fees of 1% of the property price. The deprivation of the bonification and the modification of the annual fee shall be made by decision of the competent authority.

(2) If, after the transfer of the property to the permanent management, there has been a permanent change in the purpose of the use of the immovable property which is the basis for the construction of the bonification, the competent authority shall deprive the award of the property

Article 86. [ Increase of fees for the permanent management] The percentage of the annual permanent property management fee referred to in art. 83 (1) 2 (3) may be increased by the management of the water in relation to immovable property owned by the State Treasury, or by the resolution of the council or the seismith, as appropriate, in relation to immovable property owned by local or regional authorities. The increase in the percentage rate may take place only before the property is returned to the permanent board.

Article 87. [ Update of fees for permanent management] 1. The amount of the annual fee for the permanent management of the property may be updated, not more often than once a year, if the value of this property is changed. The updated annual fee shall be fixed at the rate of the property set up to the date of the property fixed at the date of the fee update.

2. The update of the annual fee shall be made either from the office or at the request of the business unit holding the property in the permanent management, on the basis of the value of the property specified by the property-valuer.

3. The update of the annual fee shall be made by decision of the competent authority. The new amount of the annual fee shall apply from 1 January of the year following the year in which the decision became final.

4. When updating the fee, against the difference between the current fee and the updated fee, the value of the expenses incurred by the business unit, after the date of the last update, shall be included in the construction of the individual equipment the technical infrastructure.

5. The alienation of the value of expenses incurred by the organizational unit for the construction of individual technical infrastructure devices shall also occur in the event that they have not been included in the previously made updates.

6. The rules referred to in paragraph. 4 and 5, shall apply mutatis mutandis to the inputs required to affect the technical characteristics of the land incurred by the undertaking, provided that the value of the land property has increased in the aftermath of the operation.

Article 88. [ Construction on the ground in a sustainable management] 1. If an organizational unit has incurred inputs for the construction of buildings and other permanent land related equipment situated on a property held by a permanent management board, the value of such inputs shall not be included in the price of the property which is the subject of the the basis for establishing the fees for the permanent management board. This provision shall apply mutatis mutandis in the event of the acquisition of buildings and other equipment in the mode referred to in Article 4. 17.

2. Paragraph Recipe 1 shall apply mutatis mutandis in the case of the construction, reconstruction, extension, superstructure, rebuilding or refurbiting of a building object located on the property, in accordance with the provisions of the Building Law.

Article 89. [ Acquisition of a permanent board of directors under the law] In the event of the acquisition of a permanent management board by law, the annual fees shall be fixed by the competent authority by decision. This fee shall not be charged for the year in which the acquisition of the permanent board was acquired.

Article 90. [ Settlement on the establishment of a permanent board] 1. When transferring a permanent management of the property by an organisational unit at the request of another business unit they shall carry out among themselves the settlement of the outlays on the property incurred for the construction, reconstruction, extension, reconstruction, reconstruction or renovation of the building object, in accordance with the provisions of the Building Law. The settlement procedure shall be established in agreement between the organisational units.

2. In the event of an expiry of a permanent administrative board as a result of the expiry of the period for which it was established or the issuance of a decision on its expiry, the competent authority shall reimburse the business unit an amount equal to the value of the inputs referred to in paragraph. 1.

3. If the termination of the permanent board has been carried out at the request of the organisational unit, the accounts referred to in the paragraph shall be taken. 1, shall not be carried out and the undertaking shall be exempt from the obligation to pay annual fees from the date on which the application is lodged. Fees paid by the date of submission of the application shall not be refunded.

4. Article Recipe 88 ust. 1 shall apply mutatis mutandis where the undertaking, which has a permanent management board, has accounted for the expenditure incurred, as appropriate, in accordance with paragraph 1 (a) of the Regulation. 1, with an organisational unit, at the request of which the transfer of the permanent management took place.

Article 91. [ Delegation] The Council of Ministers shall determine, by means of a regulation, the types of immovable property deemed necessary for the purposes of defence and security of the State, taking into account their purpose, equipment and location.

SECTION III

Exercise, restriction or disrespect of immovable property

Chapter 1

Real estate splits

Article 92. [ Exclusion of the provisions of Chapter] 1. the provisions of this Chapter shall not apply to immovable property situated in areas intended for local plans for agricultural and forestry purposes, and in the absence of a local plan to properties used for agricultural and forestry purposes, unless that the allocation would result in the development of new roads which are not necessary access roads to real estate belonging to agricultural holdings, or would result in parcelling of land plots of less than 0,3000 ha.

2. The real estate used for agricultural and forestry purposes shall be the real estate shown in the cadastre of real estate as agricultural land or forest land, as well as in the area of agricultural land used for the use of fossil uses, Non-grassland and roads where the conditions for construction and development of land have not been established for them.

Article 93. [ Real Estate Breakdown Rules] 1. The division of the property may be made if it is in accordance with the findings of the local plan. In the absence of that plan, the provisions of Article 1 shall apply. 94.

2. Compliance with the plan's findings in accordance with the paragraph. 1 relates both to the purpose of the land and to the possibility of zoning the land plots.

Division of immovable property situated in areas intended for agricultural and forestry purposes, and in the absence of a local plan used for agricultural and forestry purposes, causing a land plot with a surface area smaller than that of 0,3000 ha, shall be admissible, provided that the plot is intended to increase the size of the adjacent property, or a border adjustment between neighbouring property is carried out. The decision approving the division of immovable property shall specify a time limit for the transfer of rights to land parcels which may not be more than 6 months from the date on which the decision approving the division of the property became final. The provision shall not apply in the case of breakdowns of immovable property referred to in Article 95.

3. The division of immovable property shall not be admissible if the land plots designed to be set up do not have access to the public road; access to the public road shall also be considered to have been isolated from the internal road, with the establishment of the land on that road suitable services for parcelled land plots or for other road services for those parcels, if there is no possibility of separating the internal road from the immovable property covered by the division. An internal road service shall not be used for the sale of parcelled land plots with the sale of the share of the land in almost a plot of land which is an internal road. The provision shall not apply in respect of the plots of land forming part of the immovable property referred to in Article 4 (1) of Regulation No 1 (1). 37 par. 2 point 6.

3a. The condition referred to in paragraph 1. 2a, concerning the separation of land plots with a surface area of less than 0,3000 ha, does not apply to plots of land designed to be secreted under internal roads.

3b. If the subject-matter of the division is built and the proposed division also causes division of the building, the boundaries designed for the separation of plots of land should proceed along vertical planes, which are created by the walls The fire separation is situated on the entire height of the building from the foundation to covering the roof. In buildings where there are no walls of the fire separation, the boundaries designed for the separation of plots of land should proceed along vertical planes, which are created by the walls situated at the entire height of the building from the foundation to roof covering, clearly divisive building into two separate parts used.

4. Compatibility of the proposed division of the property with the findings of the local plan, except for the breakdowns referred to in art. 95, opinion of the mayor, mayor, or president of the city. In the case of a division of immovable property situated in an area for which no local plan is available, the opinion shall concern the fulfilment of the conditions referred to in Article 4. 94 par. 1.

5. The opinion referred to in paragraph 1. 4, shall be expressed in the form of an order for which the complaint may be granted.

6. (repealed)

Article 94. [ Local plan] 1. In the absence of a local plan, if the immovable property is situated in an area not covered by the obligation to draw up that plan, the division of the property may be made if:

1) is not contrary to the rules of the separate, or

2) complies with the conditions laid down in the decision on the conditions of the construction and development of the site.

2. Where, in the case referred to in paragraph. 1, the request for division has been submitted:

1) after 6 months, counting from the date of the communal decision of accession to draw up the local plan, or

2. after the local plan has been submitted to public inspection

-the procedure for the division of immovable property shall be suspended until a local plan has been adopted, but no longer than for a period of six months from the date on which the application for division is lodged. If, during the period of suspension of the real-estate proceedings, the local plan has not been adopted, the provision of the paragraph shall apply. 1.

(3) If a local plan has not been adopted for the areas covered by the separate provisions, the obligation to draw up such a plan shall be suspended until such time as that plan is adopted.

Article 95. [ Real estate breakdown regardless of local plan] Irrespective of the findings of the local plan and, in the absence of a plan, irrespective of the decision on the conditions for the construction and development of the site, the division of the property may take place in order to:

1) the abolition of co-ownership of a property built at least two buildings, erected on the basis of a building permit, if the division is to rely on the secretion for individual co-owners, indicated in the joint application, buildings together with parcels necessary for the proper use of those buildings;

2) the separation of the construction plot, if the building was erected on this plot by the self-made keeper in good faith;

3) the diversion of the part of the property, the property of which, or the perpetual use of which was acquired by law;

4) the execution of claims to the parts of the property, arising from the provisions of this Act or from separate laws;

5. the implementation of the rules on ownership transformations or the liquidation of public or local companies;

6) to separate parts of the property covered by the decision to establish the location of the public road;

6a) the separation of parts of the property covered by the decision to establish the location of the railway line;

6b) the separation of the part of the property covered by the decision to allow the implementation of the investment in the field of public use airport within the meaning of the provisions of the Act of 12 February 2009. the specific rules for the preparation and implementation of investments in public service aerodromes;

6c) the separation of parts of the property covered by the decision on the permission to carry out the investment within the meaning of the provisions of the Act of 8 July 2010. the specific arrangements for the preparation for the implementation of the investments in flood-building structures;

7) the separation of the building plot necessary for the use of the residential building;

8) the separation of land plots in closed areas.

Article 96. [ Legal form of the property division] 1. The division of the property shall be made on the basis of the decision of the mayor, the mayor or the president of the city approving the division.

1a. With regard to the property entered in the register of monuments, the decision referred to in the paragraph. 1, it seems after obtaining the permission of the voivodeship conservator for the division of this property.

1b. In the case of separating the property, the property or the perpetual use of which has been acquired under the law, or in the case of separation of the part of the property for the purposes of the return of the expropriated property does not appear to be the decision referred to in the paragraph. 1. The final decision on the acquisition of property or perpetual usualment or the final decision on the return of the expropriated property shall approve the division.

2. Where the division of the property is adjudiced by the court, does not appear to be the decision referred to in the paragraph. 1, and the licences referred to in paragraph 1. 1a. If the division of the property depends on the findings of the local plan and, in the absence of a plan, the conditions laid down in the Article. 94 par. 1 and 2, the court shall consult the opinion of the mayor (the mayor, the president of the city), and in relation to the property entered in the register of monuments also the opinion of the voivodship conservator. This opinion shall not apply to Article 1. 93 (1) 5.

3. The division of immovable property in its composition of land plots, separately identified in the real estate cadastre, does not require the adoption of a decision approving the division.

4. The decision or decision of the court referred to in the paragraph. 1 and 2, they form the basis for the entries in the perpetual ledger and in the real estate cadastre.

Article 97. [ Real Estate Breakdown Initiative] 1. The division of the property shall be made at the request and the cost of the person, who shall have a legal interest in this.

1a. The application referred to in paragraph 1 shall be submitted to the Commission. 1, the following documents shall be attached:

1) stating the legal title to the property in particular the statement referred to in art. 116 (1) 2 point 4;

2) a extract from the real estate cadastre and a copy of the cadastral map covering the property subject to division;

3) the decision on the conditions for the construction and development of the site, in the case referred to in art. 94 par. 1 point 2;

(3a) the authorisation referred to in Article 96 (1) 1a, in the case of immovable property entered in the register of monuments;

4) a preliminary draft of the division, except for the breakdowns referred to in art. 95;

5) a protocol from the acceptance of the land borders;

6) the list of land changes;

7) a synchronisation list, if the designation of land plots in the real estate cadastre is different from that of the perpetual ledger;

8) a map with a breakdown project.

1b. If the expression of the opinion referred to in Article 1 is required. 93 (1) 4 and 5, or obtaining the permission of the provincial monument conservator, referred to in art. 96 (1) 1a, the documents referred to in paragraph 1. 1a points 5 to 8 are attached to the request for division of immovable property after a favourable opinion or permit. These documents shall be admitted to the public geodetic and cartographic resource.

2. If the property is the subject of joint ownership or perpetual sharing, the division can be made at the request of all co-owners or the perpetrators of the perpetual. Article Recipe 199 of the Civil Code shall apply accordingly. This does not apply to the division of which the court is to rule.

3. The division of the property may be made from office if:

1) it is necessary for the fulfilment of public objectives;

2) the property is the property of the municipality and has not been put into perpetual use.

4. In the cases referred to in art. 95 points 5 to 5, the division of the property may be carried out either from the office or at the request of an appropriately starosty, executing a task from the scope of government administration, district administration or the administrative board of the voivodeship.

5. The property of the property of the State Treasury, district or province may be carried out ex officio, after consultation of the starosty, who is a member of the government administration, district administration or the administrative board of the voivodship, respectively.

6. The division of the property referred to in paragraph. 3 point 1, you can also make at the expense of the person or organizational unit that will pursue the public objective.

Article 97a. [ Breakdown of property with unregulated legal status] In the case of an unregulated division of immovable property from the office, the following rules shall apply:

1) information about the intention to divide the property of the mayor, the mayor or president of the city shall make public in a manner customarily adopted in a given locality and on the websites of the municipal office, and by the advertisement in nationwide-wide press;

2) if, within 2 months of the day of the announcement, no person will be notified, who will show that they are entitled to property rights in real estate, the proceedings on the division of immovable property may be initiated;

3) after the unsuccessfully expiry of the time limit referred to in point 2, the mayor or the mayor of the city may issue a decision approving the division of the property;

4. the decision shall be published in the manner prescribed in Article 4. 49 Of the Code of Administrative Procedure.

Article 98. [ The land is divided under the road] 1. Land plots separated under public roads: municipal, district, provincial, national-from the property, the division of which has been made at the request of the owner, shall pass, by virtue of the law, according to the property of the municipality, county, state or Treasury respectively The State of the day on which the decision approving the division has become final or the decision on the breakdown of the right to be divided shall be final. That provision shall also apply to immovable property whose distribution has been made at the request of a perpetual user, except that the right to use perpetual land parcels isolated under public roads shall expire on the date on which the approval decision was taken. the division has become final, or the decision on the breakdown of the right to be divided. The provision shall apply mutatis mutandis to the separation of land plots under the extension of existing public roads.

2. The competent authority shall submit an application for disclosure in the register of the rights of the municipality, district, voivodship or the State Treasury for plots of land divided into public roads or under the extension of existing public roads. The basis for the entry of these rights into the perpetual book is the final decision approving the division.

3. The plots of land referred to in paragraph 1. 1, shall be entitled to compensation in the amount agreed between the owner or the perpetrative user and the competent authority. Article Recipe 131 shall apply mutatis mutandis. If such an arrangement does not occur, at the request of the owner or the user the perpetual compensation shall be determined and paid in accordance with the rules and procedures applicable to the expropriation of the property.

Art. 98a. [ Adiacencka fee for the division of real estate] 1. If, as a result of the division of the property carried out at the request of the owner or the perpetual user who has paid annual fees for the entire period of use of that right, its value increases, the mayor, or the mayor or the president of the city may determine, on the way the decision, the adiacent fee of that title. The rate of the rate of the adjuvant charge shall be determined by the municipal council, by way of a resolution, of no more than 30% of the difference in the value of the property. The fixing of the adjudicatory fee may take place within 3 years from the date on which the decision approving the division of the property became final or the decision to split it became final. The value of the immovable property before the division and after the division shall be determined by the price at the date of the decision to determine the Adjuvant fee. The state of the property before the division shall be taken at the date of issue of the decision approving the division of the property, and the state of the property after the division shall be taken on the date on which the decision approving the division of the property became final or the decision on the division has become final, without taking into account the constituent parts of the property. The provisions of Article 4 144 ust. 2, art. 146 (1) 1a, art. 147 and art. Par. 148 1-3 shall apply mutatis mutandis.

(1a) The setting up of an adjudicatory charge may take place if, on the date on which the decision approving the division of the property became final or the decision to split the property became final, the decision of the municipal council referred to in the paragraph was in force. (1) The rate of the adjudication fee shall be that in force on the date on which the decision approving the division of the property became final or the decision on the distribution of the property became final.

2. The provision of the paragraph. 1 shall not be used for the distribution of immovable property carried out independently of the findings of the local plan.

3. If plots of land were divided into public roads or under the extension of existing public roads as a result of the division of the property, to determine the value of the property, both according to the state before the division and after the division, the area The property is reduced to the area of land plots separated under these roads, or under their widening.

4. In the settlement of the adjuvant fee or the arrears of this title, the person obliged to bring it to the municipality may transfer to the municipality, with its consent, the right to the land plot of the land, divided by the division. Article Recipe 66 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.) shall apply mutatis mutandis. The difference between the value of the land parcel, which is allocated as a result of the division and the amount due to the adiacent charge, is covered by the aid.

Art. 98b. [ Breakdown of real estate at the request of the parties 1. The owners or users of the real-estate property in a way that prevents them from being rational can submit a compatible application for their connection and reallocation to land plots where they are entitled to a uniform right to the land these properties. The application shall be accompanied by an undertaking in the form of a notarial deed, the obligation to make the conversion referred to in paragraph 1. 3.

2. In the cases referred to in paragraph. Article 2 (1) shall apply mutatis mutandis. 93, art. 94, art. 96, art. 97 ust. 1-2, art. 98, art. 98a and art. 99.

3. The division of the property referred to in paragraph. 1, shall be provided on condition that the owners or users of the perpetrators make, by way of a swap, the reciprocal transfer of the rights to the parts of their property which have become part of the newly separated land plots. In the event of an unequal value, the swapped parts of the property shall apply. 15.

Article 99. [ Specific property breakdown requirements] Where access to a public road is to be provided for the establishment of the service referred to in Article 4 (1) of the Regulation. 93 (1) 3, the division of the property shall be made on the condition that, when the parcels are disposed of as a result of the split, they will be established. The sale of the parcels of land plots with the sale of the share of the land in almost the land of the land constituting the internal route is also considered to be fulfilled.

Article 100. [ Delegation] The Council of Ministers shall determine, by means of a regulation, the manner and mode of division of immovable property, taking into account the way in which the documents required in this procedure are drawn up and the types and content of those documents.

Chapter 2

Merge and split real estate

Article 101. [ Application of chapter provisions] 1. The provisions of this Chapter shall govern the cases of the merging of immovable property and their redistribution into plots of land.

2. The provisions of the chapter shall apply to immovable property situated in areas dedicated to local plans for purposes other than agricultural and forestry.

3. The provisions of the unbundling shall not apply to the immovable property which has been subject to the merging proceedings under the Act on Merging and Exchange of Land.

Article 102. [ Considerations for merits and division] 1. The municipality may make the merits and division of the property referred to in art. 101 (1) 1. The detailed terms of the merge and the division of the property shall specify the local plan.

2. Merging and division of immovable property may be made if they are located within the limits of the areas defined in the local plan, or when the owners or users of the perpetrators, subject to the paragraph, will be subject to a merger and division. 4, more than 50% of the land area covered by the merits and division.

3. The accession to the merge and division of the property shall be decided by the Council of the municipality by way of a resolution, specifying within it the external borders of the land covered by the merits and division.

4. The enclosed parts of the property may be covered by the resolution referred to in the paragraph. 3, with the consent of their owners or perpetual users.

5. Wójt, the mayor or president of the city shall submit to the competent court an application for disclosure in the register of perpetual accession to the merge and division of the property, and when the property does not have an established land register, to submit to an existing set of land the written documents of the decision referred to in paragraph 1. 3.

Article 103. [ Scaleative procedure] 1. The owners and users of the perpetrators and the self-holders of the property covered by the merge and the division shall be the participants in the proceedings concerning the mergers and division. The mayor, the mayor or president of the city shall notify them of the initiation of the procedure, unless the address of such persons has not been determined despite the due diligence. Article Recipe 113 (1) 4 shall apply mutatis mutandis.

2. Owners and users of the property of the property covered by the merge and the division can choose from their group of participants the participants of the merge in the number of up to 10 persons. The Council shall have the powers of opinion.

3. The draft resolution of the municipal council on the merits and the division of the property shall be subject to an opinion by the board of participants of the merger and of the application to the participants of the proceedings, for a period of 21 days, at the seat of the municipality's office. The presentation of the draft resolution shall be notified in writing to the participants in the proceedings, the addresses of which are known and, in addition, the information on the application shall be made public in a manner customarily adopted in the place concerned and on the pages of the decision. internet office of the municipality, as well as by the advertisement in the local press.

4. During the period when the draft resolution is submitted for inspection, the participants in the proceedings may submit written submissions, comments and objections to this project. In the conclusions, the participants in the proceedings may indicate the plots of land which they would like to receive in exchange for the property covered by the merge and the division. The submitted applications, comments and reservations shall be subject to an opinion by the Board of Members of the Merit.

5. The manner in which the proposals, observations and reservations referred to in the paragraph are dealt with. 4, resolves the municipal council in a resolution on the merits and division of the property. The manner of resolution shall be notified in writing to the participants in the proceedings, who have made submissions, observations and objections, and shall serve them with an extract from the resolution.

6. Costs relating to the merging and division of immovable property shall be borne by the participants in the proceedings in proportion to the areas of their property covered by the merits and division, if the proceedings have been carried out on their request.

Article 104. [ Resolution on immovable and immovable property] 1. The municipal council shall adopt a resolution on the merits and division of the property. The resolution shall be served on the participants in the proceedings whose addresses are known and, moreover, information on the decision taken shall be made public in a manner customarily adopted in a given locality and on the websites of the municipal office, as well as by the announcement in the local press. The activities related to the conduct of the merger proceedings and the division shall be carried out by the mayor, the mayor or the president of the city.

2. The praise of the municipal council on the merits and the division of the property should include:

1) the geodetic delimitation of land covered by the merge and division;

2) extract and carrisies from the local plan;

3) geodetic design of merges and division of real estate;

4) the register of immovable property, with the demonstration of their current status and the state of the new after the merge and division, including the real estate granted to the participants of the proceedings in exchange for the real estate owned or remaining in the use of the perpetuated before the merits and the division;

5) settlement in the cases referred to in art. 105 (1) 2 and 5;

6) arrangements for the type of technical infrastructure facilities planned to be built, the time limits for their construction and the source of financing;

7) fixing as to the amount, timing and method of payment of the adjuvant fees;

8) resolve the way of dealing with the conclusions, remarks and reservations, submitted by the participants of the proceedings.

3. The praise referred to in the mouth. 1, provides the basis for:

1) the closure of the existing perpetual books;

2) the establishment of new perpetual books and the disclosure of the rights to real estate created by mergers and divisions;

3) the disclosure of a new legal status of real estate in the real estate cadence;

4) the designation and fixation on the land borders of real estate arising from the merge and division;

5) the introduction of participants in the proceedings for new properties.

4. Applications for the action referred to in paragraph 1. 3 paragraphs 1-3, the mayor, the mayor, or the president of the city.

5. The loadings on the immovable property covered by the merge and the division shall be transferred to the newly established perpetual books, subject to art. 105 (1) 5.

6. The praise referred to in the mouth. 1, does not affect the rights of third parties established on the immovable property covered by the merge and division.

Article 105. [ Merges and Breakdown Rules] 1. The space of each property covered by the merge and the division shall be reduced by the space necessary to separate plots of land under new roads or under the widening of existing roads. This reduction shall be carried out in proportion to the area of all the immovable property covered by the merge and division and to the total area of land parcels divided into new roads and under the extension of existing roads.

2. In exchange for the immovable property covered by the merge and the division of each of the existing owners or perpetual users receives, respectively, the property or the perpetual use, the property consisting of such a number of plots of land separated by the merits and division, the total area of which is equal to the area of the existing property, reduced in accordance with the provisions of paragraph (1) (b) of the Regulation. 1. If there is no possibility to allocate a property of a fully equivalent area, appropriate cash payments shall be made for the difference in the area.

2a. Recipe of paragraph. 2 shall apply mutatis mutandis to self-employed property holders.

3. (repealed)

4. The land plots divided into new roads, or under the extension of existing roads, which are not district roads, voivodships or national roads, are transferred from the power of the law to the property of the municipality, and the right of perpetual usualment established on these parcels it shall expire on the date of entry into force of the resolution of the municipal council on the merits and division of the property. Where plots of land have been allocated under district, provincial or national roads, or under the extension of these roads, the provisions of Article 4 (1) shall apply mutatis mutandis. 98 (1) 1.

5. Land services established on immovable property covered by the merge and division shall be abolished if they have become superfluous for the use of newly-separated properties.

Article 106. [ Damages] 1. For plots of land, separated under new roads or under the extension of existing roads, as well as for devices whose owners or users of the land could not detach from the ground, and for trees and shrubs the municipality pays out, subject to the paragraph. 1a, compensation in the amount agreed between the owners or the perpetrative users and the competent executive body of the local or local government unit. The payment referred to in Article 105 (1) 2, and the compensation, if it does not come to an agreement, shall be determined and paid in accordance with the rules and procedures applicable to the expropriation of the property. The compensation shall be paid to the competent authority.

1a. For land plots separated under the district, provincial or national roads, or under the extension of these roads, compensation is paid by the district, voivodship or the State Treasury respectively.

2. (repealed)

3. The municipality is obliged to build on the land covered by the resolution on the merits and division of the property of necessary facilities of technical infrastructure, pursuant to the provision of Art. 104 (1) 2 point 6. The costs of the construction of these facilities shall not be charged to the participants in the proceedings unless otherwise decided by the parties to the agreement of the parties.

Article 107. [ Adiacentous fees] 1. Persons who have received new properties separated as a result of the merger and division, are obliged to bring to the municipality the adjuvant fees in the amount of up to 50% of the increase in the value of these properties, in relation to the value of the property so far owned. The value of the equipment, trees and shrubs referred to in Article shall not be taken into account in determining the value of the property hitherto owned. 106 (1) 1 if compensation has been paid for them.

2. The amount of the percentage rate of the adjuvant fee shall be determined by the municipal council in the resolution on the merits and division of the property.

3. The terms and manner of the payment of the adjuvant fees shall be determined by the mayor, the mayor or the president of the city, by settlement with the persons liable for payment, by the signing of the memorandum of arrangement. In case of an advent to the settlement, the deadline and manner of payment shall be settled by the municipal council, taking the resolution on the merits and the division of the property. The deadline set in the resolution may not be shorter than the deadline for the construction of the technical infrastructure facilities.

4. The adjuvant payment shall be determined by the mayor, the mayor or the president of the city, by decision, in accordance with the settlement or resolution of the merits and division of the immovable property referred to in paragraph. 3. In the event of the establishment of limited property rights on immovable property, the decision to set the adjutant fee shall form the basis of the entry in the perpetual book.

5. In the settlement of the adjutant fee or the arrears of this title, the person obliged to bring it to the municipality may transfer to the municipality, with its consent, the right to a plot of land separated as a result of the merits and division. Article Recipe 66 of the Act of 29 August 1997. -The tax ordination shall apply accordingly. The differences between the value of the land parcel spun off as a result of the merits and the division and the receivability resulting from the Adjutant charge shall be covered in the form of a surcharge.

Article 108. [ Delegation] 1. The Council of Ministers shall determine by way of regulation, the manner and mode of merging and division of immovable property and the manner and mode of setting up the adjuvant fees, taking into account the types of documents and the accounting of the costs of the proceedings.

2. By issuing the regulation referred to in paragraph 1. 1, the Council of Ministers shall specify in particular:

1. the types of operations prior to the initiation of proceedings concerning the merits and division of immovable property and the time limits for the exercise of such activities

2. the method of establishing the external borders of the land intended to be included and broken down;

3) the way of accepting the boundaries of the property when performing the map with the design of the merge and division;

4) the way of choosing and acting of the board of participants of the merge;

5) the manner of drawing up, the types and content of the documents necessary in the proceedings concerning the merits and division.

Chapter 3

Right of the right of the property

Article 109. [ Conditions, exclusions] 1. The pre-emption right shall be entitled to the right of pre-emption for sale:

1) a non-built-up property acquired previously by the seller from the State Treasury or local government units;

2) the right of use of perpetual unbuilt land property, irrespective of the form of acquisition of this right by the vendor;

(3) the immovable property and the right to use the perpetual property situated in the area of the local plan for the purposes of public or real estate for which the decision to establish the location of the public's purpose investment has been given;

4) the property entered in the register of monuments or the right of use of perpetual such property;

(4a) immovable property situated in the area of revitalisation, where the resolution referred to in Article 4 is provided for. 8 of the Act of 9 October 2015. Revitalization;

4b) real estate located in the area of the Special Revitalization Zone, referred to in Chapter 5 of the Act of 9 October 2015. 'Revitalization'.

5) (repealed)

2. The provisions of the paragraph. 1 (1) and (2) shall not apply to immovable property intended for local plans for agricultural and forestry purposes and, in the absence of local plans for land used for agricultural and forestry purposes. Article Recipe 92 (1) 2 shall apply mutatis mutandis.

3. The right of pre-emption shall not be entitled if:

1) the sale of real estate or the right of perpetual usualate takes place in favor of the people close to the seller

2) the sale of real estate or the right of perpetual usunitiation takes place between the legal persons of the same church or the religious union;

3) the right of ownership or the right of perpetual usuup was established as compensation or compensation for the loss of property ownership;

4) the right of property or the right of use of the perpetual property was established as a result of the conversion of property;

5) in the cases referred to in paragraph. 1 points 3 and 4, the right of pre-emption has not been disclosed in the perpetual ledger;

6) the sale of the property takes place for the purpose of building national roads;

(7) the right of pre-emption shall be granted to the private partner or to the last private partner in the cases referred to in the Act of 19 December 2008. Public-private partnership;

8) the sale of real estate takes place for the purposes of realization of the investment in the field of public use airport within the meaning of the provisions of the Act of 12 February 2009 specific rules for the preparation and implementation of investment in the field of public service aerodrome;

9) the sale of the property takes place for the purposes of realization of the investments in flood structures within the meaning of the provisions of the Act of 8 July 2010. the specific arrangements for the preparation for the implementation of the investments in flood-building structures.

4. The right of pre-emption is exercised by the mayor, the mayor or president of the city.

Article 110. [ Legal form of the right of pre-emption] 1. The sale of real estate referred to in art. 109, and the rights of perpetual usucape of these properties may occur if the mayor, mayor or president of the city, does not exercise the right of pre-emption.

2. The right of pre-emption may be made within a period of one month from the date of receipt by the mayor, the mayor or the president of the city notice of the contents of the sales contract.

3. The notary drawing up the contract of sale shall be obliged to notify the mayor, the mayor or the president of the city of the contents of the contract, pursuant to the provision of the paragraph. 2.

4. The heathen, mayor or president of the city shall exercise the right of pre-emption by filing a declaration in the form of a notarial deed with the notary referred to in paragraph. 3. In the event that the submission of a declaration to the notary is impossible or is encountering serious difficulties, it may be deposited with another notary. When the statement is made:

1) the property becomes the property of the municipality, if the exercise of the right of the pre-emption concerned the sale of the property;

2) the right of perpetual usualor expires if the exercise of the right of the pre-emption concerned the sale of the right of use of perpetual land property constituting the property of the municipality;

3) the municipality obtains the right of perpetual usuem, if the exercise of the right of the pre-emption concerned the sale of the right of use of perpetual land property constituting the property of the State Treasury, the district or the voivodship.

5. The statement referred to in paragraph 1. 4, the notary is served by the seller.

Article 111. [ Price] The right of pre-emption shall be carried out at the price established between the parties in the sales contract.

Chapter 4

Expropriation of real estate

Article 112. [ Property expropriation] 1. The provisions of this Chapter shall apply to immovable property situated, subject to art. 122a, art. 124 (1) 1b, art. 124b, art. 125 and art. 126, in areas intended for public or real estate purposes for which a decision has been taken to establish the location of the public's objective investment.

2. The property claim consists in deprivation or restriction, by decision, the right of property, the right of use of perpetual or other property rights in real estate.

3. Injury of the property may be made if the public objectives cannot be realized in any other way than by deprivation or restriction of rights to the property, and those rights cannot be acquired by contract.

4. An authority competent in expropriation cases is an old man, who performs a task in the field of government administration.

Article 113. [ Expropriation and Legal Status of Property] 1. The property may be expropriated only for the State Treasury or for the local government unit.

2. The property constituting the property of the State Treasury may not be expropriated. This does not apply to the expropriation of the right of perpetual usuup and of the limited rights of property implicating property.

3. The whole property or part of the property may be included in the litigator. If the expropriation is covered by the part of the property and the remainder is not suitable for proper use for the current purposes, at the request of the owner or the user of the perpetual property acquires that part by contract for the benefit of The Treasury or the Local Government Unit, whichever is the case, is expropriated.

4. If the immovable property does not have a document or collection of documents, other documents stating the rights to the property and for the determination of the property of the real estate cadastre shall be taken into account in the case of the property.

5. In the case of a property with an unregulated legal state, upon its expropriation, it shall be accepted for its determination of the data from the cadastre of the property.

6. A property of an unregulated state shall be understood to mean a property for which, due to the lack of a perpetual book, a set of documents or other documents, the persons to whom it is entitled to rights in rem cannot be established.

7. Paragraph Recipe 6 shall also apply if the owner or the perpetual user of the property is dead and has not been carried out or has not been completed by succession.

Article 114. [ Prognates for the acquisition of real estate by contract] 1. The happiness of the expropriation proceedings, subject to the paragraph. 2 and paragraph 3, it is necessary to precede the negotiations on the acquisition by contract of rights laid down in Art. 112 (1) 3, carried out between an apprentices, carrying out a task in the field of government administration, and the owner or user of the real-estate property as well as a person with a limited right in rem. In the course of the negotiations, a replacement property may be offered.

2. In the case of expropriation of the property at the request of the local government unit the prognosis referred to in the paragraph. 1, they shall carry out their implementing bodies.

3. In the case of unregulated real estate the information about the intention of expropriation of the starosta, carrying out the task with the scope of government administration, shall make public in a manner customarily adopted in a given village and on the websites of the district starosty, and also by the announcement in the press about the nationwide coverage. If the expropriation concerns a part of the property, the notice shall also include information about the intention to initiate proceedings on the division of the property.

4. If within a period of 2 months from the date of the notice referred to in paragraph. 3, there will be no reported persons who will show that they are entitled to property rights in real estate, the division procedure and the expropriation proceedings can be initiated.

Article 115. [ Initiation of expropriation proceedings] 1. The luck of the expropriation proceedings in favour of the State Treasury takes place from the office, and in favour of the local government unit-at the request of its executive body. The initiation of proceedings may also take place as a result of a notice submitted by the entity which intends to pursue the public objective.

2. The luck of the expropriation proceedings follows the unsuccessfully expiry of the two-month deadline for concluding the agreement referred to in art. 114 par. 1, designated in writing to the owner, the perpetrative property of the property, and to the person who is entitled to the limited right in rem on this property.

3. The luck of the expropriation proceedings shall take place on the day of service of the notice to the parties or on the date specified in the notice of initiation, exported at the office of the district starosty, after the expiry of the period referred to in art. 114 par. 4.

4. The failure to initiate the pre-emptive proceedings, which has been requested by the executive body of the local or regional authority or the body which intends to pursue the public objective, shall be followed by a decision.

5. The provision of the paragraph. 2 shall not apply in the case of immovable property with unregulated legal status.

Article 116. [ Application content] 1. In the application for expropriation, specify:

1) property with the administration of the markings from the perpetual book or collection of documents and the cadastre of the property;

2) the public objective to which the realisation of the property is necessary;

3) the area of the property, and if the expropriation is to be covered only by its part-the area of that part and the whole property;

4) the existing way of using the property and the state of its development;

5. convertible premises and how they are to be provided to the tenants of the expropriated premises;

6) the owner or the user of the perpetual property, and in the absence of data enabling the identification of these persons-the ruler of the property according to the entry in the cadastre of the property;

7) the person who is entitled to limited property rights in real estate;

8) replacement property if the local self-government entity offers such a property;

9) other circumstances relevant to the case.

2. The application for expropriation shall be accompanied by:

1) documents from the conduct of the negotiations referred to in art. 114;

2) a copy and carrisout from the local plan, and in the absence of a local plan the decision to determine the location of the public's purpose investment;

3) a map with a register of properties covered by an application for expropriation or a map with the division and register of the property and the decision approving the division, if the application for expropriation concerns only a part of the property;

4) a copy of the perpetual book or a statement outlining the current state of the entries in the perpetual book of the property covered by the request for expropriation, together with an indication of the number of the perpetual ledger or a certificate of the legal status, which results from a set of documents;

5) in the absence of the documents referred to in point 4, the certificate of the competent court stating that the property does not have a perpetual book established or that the collection of documents is not carried out for it;

6) extract and carpout from the cadastre of the property.

2a. The statement referred to in paragraph 2. 2 point 4, it consists of criminal liability for false confessions. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the event of the opening of the pre-emptive procedure from office.

Article 117. [ Disclosure in the book of perpetual opening of pre-emptive proceedings] 1. The Starosta, who is carrying out a task in the field of government administration, makes a request in court for disclosure in the book of the perpetual opening of the expropriation proceedings, and if the immovable property does not have a perpetual ledger-to be submitted to an existing one a document file of the notice of initiation of the proceedings.

2. If the expropriation has not taken place, the starosta, executing the task in the field of government administration, is obliged to request immediately the removal from the register of the perpetual entry of the pre-emptive proceedings or to submit appropriate a notification to a set of documents

Article 118. [ Administrative procedure] 1. After the opening of the proceedings, the expropriated starosta, who performs the task of government administration, carries out administrative expendings.

1a. The provision of the paragraph. 1 shall not apply in the case of immovable property with unregulated legal status.

2. In the expropriation proceedings, the provisions on administrative settlement do not apply.

Article 118a. [ Real Estate Acquisition Decision] 1. If within the period specified in Article 114 par. 4, there have been established persons who will show that they are entitled to property rights in real estate, the starosta performing the task of government administration, issues a decision on the acquisition of property ownership by the State Treasury or the self-government unit territorial, the applicant for expropriation. The acquisition of property rights shall take place on the date on which the decision became final.

2. The decision shall be declared in the manner specified in the art. 49 Of the Code of Administrative Procedure.

3. Compensation for the property, the property of which has passed to the State Treasury or the local government unit, shall be determined according to the provisions of Chapter 5 and shall submit to the court deposit for a period of 10 years.

Article 119. [ Content of the decision to expropriate the property] 1. The decision on the expropriation of the property, apart from the elements specified in art. 107 § 1 of the Code of Administrative Procedure, should include:

1) determining the objectives of the property to be expropriated;

2) determination of the object of expropriation by the application of the property designation according to the perpetual book or collection of documents and by the cadastral of the property;

3) determination of the rights to be expropriated;

4) an indication of the owner or user of the perpetual property;

5) an indication of the person who is entitled to limited property rights in real estate;

6. the obligation to ensure the premises referred to in art. 116 (1) 1 point 5;

7) determination of the amount of compensation.

2. If the persons referred to in paragraph Article 1 (4) and (5), are absent or incapable of legal action, Article 1 (1) (a) (a) (a 34 Of the Code of Administrative Procedure.

Article 120. [ Preventing some dangers] Where there is a need to prevent the danger, the occurrence of damage or inconvenience which may arise for the owners or users of the perpetual property of the neighbouring property as a result of expropriation or other management of the property. the expropriated property, the decision to expropriate the necessary services shall be laid down and the obligation to build and maintain the appropriate devices to prevent these events or circumstances. The obligation to construct and maintain adequate contract-related devices in the applicant's request for expropriation.

Article 121. [ The transfer of ownership to the Treasury] 1. The transfer of ownership to the State Treasury or to the local government unit shall take place from the date on which the decision on the expropriation of the property became final.

2. The transition of the right of perpetual use to the State Treasury or to the local government unit shall take place on the day on which the decision to expropriate this right became final, if the right of perpetual usunification was established on land which is owned by a person other than the one for which the expropriation took place.

3. The right of use of perpetual land property shall expire on the date on which the decision on expropriation of this right became final, if the right of perpetual usunification was established on the land property constituting the property of the person, on to which the expropriation took place.

4. The immovable property until its use for the purpose for which the expropriation took place shall be deducted in the lease to the previous owner at his request.

Article 122. [ Permit to occupy the property without delay] 1. In the cases referred to in art. 108 of the Code of Administrative Procedure or a legitimate economic interest which is an essential economic interest, and which carries out a task in the field of government administration by means of a decision, and which will implement the public objective, the authorisation of the the immediate seizure of the property after the decision to expropriate the property, if the delay in its seizure would prevent the execution of the public objective on which the property was expropriated. Immediate enforceability of the property shall be given to the decision on the immediate seizing of the property.

2. Where, in the cases referred to in paragraph. 1, the issue of an expropriation decision would require a prior division of the property, the decision approving the division shall be given the rigor of immediate enforceability.

3. (repealed)

Art. 122a. [ Proceedings concerning the acquisition of rights in favour of the State Treasury or the competent authority of the territorial self-government for compensation] If the public objective was carried out and the expropriation proceedings have not been concluded with the issuance of a final decision on expropriation, the starosta, performing the task of the government administration, by decision of the decision to acquire rights to the The Treasury or the competent authority of local government for damages. The starosta performing the task of government administration prior to the opening of the procedure shall set a two-month deadline for concluding the contract. After the expiry of the two-month deadline for the conclusion of the contract, the compensation shall be determined in accordance with the provisions of Chapter 5.

Article 123. [ Entry to the perpetual book] 1. The final decision on the expropriation of the property constitutes the basis for making an entry in the perpetual ledger. An alert shall be entered at the request of the starost, who shall perform the task of government administration, or of the executive body of the local government unit, if the property has been expropriated in favour of that entity.

2. Najim, lease or lending and the permanent management of the expropriated property shall expire within 3 months from the date on which the decision on expropriation became final.

Article 124. [ Permit to perform works] 1. The Starosta, performing a task in the scope of government administration, may limit, by decision, the way of using the property by granting permission to establish and perform on the real estate of drainage pipes, wires and equipment for the transmission or distribution of liquids, vapour, gas and electricity, and public communications and signalling equipment, as well as other underground, ground-based or filthy facilities and equipment necessary for the use of these cables and devices, if the owner or the perpetual user of the property is not expresses its consent. This limitation shall be carried out in accordance with the local plan and, in the absence of a plan, in accordance with the decision to establish the location of the public's investment.

1a. In the cases referred to in Article 108 of the Code of Administrative Procedure or a legitimate economic interest which is an important economic interest, an administrative task carried out in the field of government administration, at the request of the public body, shall, by decision, grant an authorisation to the the immediate seizure of the property after the decision referred to in paragraph 1. The decision on the immediate occupation of the property shall be given to the rigor immediately enforceability.

1b. In the field of public communications equipment, the decision on the authorisation shall be issued in agreement with the President of the Office of Electronic Communications. This decision may also be issued in the absence of a local plan or where a decision to establish the location of an investment of a public target is not required.

2. The Starosta, who performs a task in the field of government administration, grants permission from the office or at the request of the executive body of a local government unit, another person or an organizational unit.

3. Separation of the permit referred to in paragraph. 1, should be preceded by rockers with the owner or the perpetuating user of the property about obtaining consent to the performance of the work referred to in the paragraph. 1. The prognate shall be carried out by a person or organizational unit intending to apply for an authorisation. The application shall be accompanied by documents from the negotiations.

4. On the person or business entity applying for the authorisation of pregnancy, the obligation to restore the property to the previous state immediately after the assumption or completion of the strings, wires and equipment referred to in the paragraph. 1. If the restoration of the property to the previous state is impossible or causes excessive difficulties or costs, the provision of art shall apply accordingly. 128 (1) 4.

5. If the establishment or conduct of the tractors, pipes and equipment referred to in paragraph 1 is to be established. 1, prevents the owner or the perpetual user from continuing to properly use the property in a manner so far or in a manner consistent with its intended purpose, the owner or the perpetual user may demand that, respectively, an old-age undertaking in the field of government administration, or requesting authorisation, as referred to in paragraph 1. 2, he has acquired from him to the Treasury, by contract, property or use of perpetual property.

6. The owner or the perpetual user of the property shall be obliged to make the property available for the purpose of carrying out maintenance activities and to remove the malfunction of the drains, wires and equipment referred to in paragraph. 1. The obligation to provide the property shall be subject to administrative enforcement. The provisions of the paragraph 4 shall apply mutatis mutandis.

(7) The final decision referred to in paragraph 1 shall be taken into question. 1, provides the basis for entering the entry in the perpetual ledger. An alert shall be entered at the request of an old, executing government, or executive body of a local government unit, if the authorisation was granted at the request of that entity.

8. In the cases referred to in paragraph. 1, in which the party to the proceedings is a municipality or a district, the president of the city on the rights of the district exercising the function of the starosty shall be exempted on the principles set out in Chapter 5 of Chapter I of the Code of Administrative Procedure

Art. 124a. [ Application of provisions of the Act] The provisions of Article 4 124 (1) 1-2 and 4-7, art. 124b and art. 125 and art. 126 shall apply mutatis mutandis to immovable property with unregulated legal status. The procedure for limiting the use of these properties shall apply. 114 par. 3 and 4, art. 115 (1) 3 and 4 and Art. 118a ust. 2 and 3.

Article 124b. [ Decision on the obligation to make real estate available] 1. The Starosta, carrying out a task of government administration, by decision obliges the owner, the perpetual user or the person to whom other property rights are entitled to make the real estate available for execution maintenance, repair and repair operations for drainage tractors, pipes and equipment which do not belong to parts of the real estate used for the transmission or distribution of liquids, vapours, gases and electricity, and public communications and signalling equipment, as well as other underground, ground-based equipment or of filthy facilities and equipment necessary for the use of those wires and equipment, and removal from the ground of these tractors, pipes, equipment and facilities, if the owner, the perpetual user or the person to whom other rights in rem are entitled to the property does not express consent for this. The decision on the obligation to make the property available may also be issued for the purpose of providing a commutation to the operation.

2. The decision referred to in paragraph 2. 1, shall be issued ex officio or at the request of the body responsible for carrying out the acts referred to in paragraph 1. 1.

3. The obligation to provide the property may be established for a period of not more than 6 months. Article Recipe 124 (1) 1a and 4 shall apply mutatis mutandis.

4. For the making available of the property and the damage resulting from the activities referred to in the paragraph. 1, shall be entitled to compensation in the amount agreed between the owner, the perpetuity user or the person to whom the other rights in rem are entitled to the property and the entity to which the property is made available. If such an arrangement is not reached within 30 days of the date on which the provision of the immovable property is due, the decision referred to in paragraph 1 shall be determined in accordance with the decision referred to in paragraph 1. 1, the starosta, carrying out a task in the scope of government administration, is initiating proceedings on the determination of compensation.

5. The obligation to make available the property referred to in paragraph. 1, shall be subject to administrative enforcement.

Article 124c. [ Permits restricting the use of immovable property] 1. Rules of Art. 124 shall apply mutatis mutandis to the restriction, by decision, of the use of immovable property by means of an authorisation of:

1) establishment on the construction sites of traction elements, signs and signals of road or other road safety devices, devices serving to ensure public safety, as well as the devices necessary for the use of them,

2) arranging and maintaining a free-access pedestrian area, running through the overshade or shade, in the object of the construction site

-if the owner or the perpetual user of the property does not consent to that.

2. The restriction referred to in paragraph 2. In the absence of a plan, according to the decision to determine the location of the public target investment and the limitation referred to in paragraph 1, point 1 shall be made in accordance with the local plan, and in the absence of a plan. In accordance with the local plan, point 2 shall be followed by the local plan.

Article 125. [ Restriction of use of real estate] 1. The Starosta, carrying out a task from the scope of government administration, may, by decision, limit the use of the property necessary for the search, recognition, mining of mining-owned copalin. The provisions of Article 4 124 (1) 2-4 shall apply mutatis mutandis.

2. The restriction referred to in paragraph 2. 1, may take place only in favour of an entrepreneur who has obtained a concession for the pursuit of such an activity, for a time not longer than the term of the concession. The compensation for the restriction pays the entrepreneur.

3. If the restriction referred to in paragraph 1 1, it shall be established for a period of more than one year, or it shall prevent the owner or the perpetrator from continuing to properly use the property in a manner so far or in accordance with its intended purpose, the owner or the perpetual user of the property may demand that the entrepreneur have acquired the property from him. In contentious cases, the general courts shall rule.

Article 126. [ Permit for temporary property occupation] 1. In the case of force majeure or a sudden need to prevent significant damage, subject to the paragraph. 5, the starosta, carrying out a task in the field of government administration, shall grant, by decision, a permit for temporary seizure of the property for a period of not more than 6 months, counting from the day of seizure of the property. In the case of a proceeding at the request, the decision shall be issued immediately, but not later than 7 days from the date on which the application was lodged.

2. The decision referred to in paragraph 2. 1, a rigor is suitable for immediate enforceability.

3. After the expiry of the period for which the seizure of the property took place, the entity which took the property shall be obliged to bring the property to the previous state. The provision of immovable property and damage resulting from the seizure of the property shall be entitled to compensation in the amount agreed between the owner, the perpetrative user or the person to whom other property rights are entitled to the property and the entity to which the property was made available. If such an arrangement is not reached within 30 days of the date on which the provision of the immovable property is due, the decision referred to in paragraph 1 shall be determined in accordance with the decision referred to in paragraph 1. 1, the starosta, carrying out a task from the scope of the government administration, initiates proceedings on the determination of compensation.

4. If, as a result of a temporary seizure of the property, the owner or the perpetual user cannot use the property in a way past or in accordance with the previous purpose, he may demand that the entity that took the property, will be acquired the property or use of perpetual property by contract.

5. Where the urgent need to prevent the circumstances referred to in paragraph 1 shall be prevented. 1, prevents the submission of an application for a temporary seizure of the property, the owner or the perpetual user of the property is obliged to make it available in order to prevent these circumstances. The obligation to provide the property is subject to administrative enforcement. The entity that seized the property shall submit an application for the issue of that decision within 3 days from the day of seizure of the property. The decision may be issued no later than 6 months from the date of the seizure of the property.

6. In the event of failure to apply the application referred to in paragraph. 5, within 3 days, the starosta, performing the task of government administration, by decision of the decision to impose a penalty of PLN 5,000 for each day of delay, counting from the day following the expiry of the time limit for filing the application. The proceeds of the penalties constitute the revenue of the state budget

7. The imposition of the sentence referred to in paragraph 1. 6, the starosta, who is in charge of the administration of the government, shall also rule in the situation where there has been a seizure of immovable property, and there has been no indication of the conditions referred to in paragraph 1. 1 and 5, justifying the seizure of real estate.

8. The Starosta, carrying out a task in the field of government administration, issues a decision confirming the existence of the premises of the property seizure within 7 days from the date of submission of the application referred to in the paragraph. 5.

9. The barracks referred to in paragraph. 6 and 7, shall be paid within 14 days from the date of notification of the decision. In the event of a failure to pay the penalty, it shall be subject to the enforcement of enforcement proceedings in the administration.

10. The provisions of the paragraph. 1-9 shall also apply in the event of an abrupt need to prevent significant damage resulting from the accidents referred to in Article 3. 124b.

Article 127. (repealed)

Chapter 5

Compensation for the expropriated property

Article 128. [ Compensation conditions] 1. Indemnification of property, perpetual usunobility or other property rights shall be made for compensation to the expropriated person corresponding to the values of those rights.

2. If, on the expropriated property or the right of use of the perpetual property of this property, other rights in rem are established, the compensation shall be reduced by an amount equal to the value of those rights.

3. If, on the expropriated property, which is the property of the local government unit, is established the right of perpetual use, the compensation shall be reduced by an amount equal to the value of that right.

(4) Compensation shall also be granted in respect of damages resulting from the events referred to in Article 4. 120 and 124-126. The compensation should correspond to the value of the damage suffered. If the value of the property is reduced as a result of these events, the compensation shall be increased by the amount corresponding to that reduction.

Article 129. [ Determination of damages] 1. Compensation shall be determined by the starosta, executing the task in the field of government administration, in the decision on the expropriation of the property, subject to the paragraph. 5.

2. (repealed)

3. If, within the framework of compensation, the replacement property is granted, in the decision referred to in para. 1, the designation of the property shall be indicated in addition, according to the content of the land book, and according to the real estate cadastre, its value and the amount of the aid.

4. (repealed)

5. The Starosta, who performs the task of government administration, issues a separate decision on compensation:

1) in the cases referred to in art. 98 (1) 3, art. 106 (1) 1 and Art. 124-126;

2) at the request of the entity pursuing the public objective or the owner of the expropriated property;

(3) when the right to immovable property has been deprived without compensation, and the provisions in force provide for it to be determined.

Article 130. [ Compensation of damages] 1. The amount of compensation shall be determined by the state, the purpose and the value of the expropriated property on the day of the decision on expropriation. In the event that the starosta, executing the task of government administration, issues a separate decision on compensation, the amount of the compensation shall be determined by the state and the purpose of the property on the day of deprivation or restriction of rights, and in cases, referred to in art. 98 (1) 3 and art. 106 (1) 1, according to the state and destination of the property respectively on the day of the decision on the division or the decision to join the merge and division and its value on the date of the decision on compensation. Article Recipe 134 shall apply mutatis mutandis.

2. The determination of the amount of compensation shall be made after obtaining the opinion of the property valuer, determining the value of the property.

Article 131. [ Replacement Property] 1. In the course of compensation to the owner or the user of the perpetual property of the expropriated property may be granted, with his consent, the appropriate replacement property.

2. The replacement property shall be granted from the property of the State Treasury if the expropriation occurs in favour of the State Treasury, or from the asset of the property of the relevant local government unit, if the expropriation occurs in favour of the units.

3. The replacement property may be granted in consultation with the President of the Agricultural Property Agency, from the Agricultural Property of the State Treasury, if the expropriation occurs in favour of the State Treasury.

4. The difference between the amount of compensation fixed in the decision and the value of the replacement property shall be offset by the payment of the cash.

5. The transfer of the rights to the replacement property to the person to whom the compensation was granted takes place on the day when the decision on expropriation became final. This decision is the basis for the entry in the perpetual register.

Article 132. [ Payment of damages] 1. The payment of compensation shall take place on a one-off basis, within 14 days from the date on which the decision on expropriation is subject to execution, subject to the paragraph. 1a and 1b.

1a. In cases where a separate decision has been issued for damages, the payment of compensation shall take place on a one-off basis within 14 days from the date on which the decision to indemnify became final.

1b. In the case of a decision on the immediate occupation of the property at the request of an expropriated person, an advance payment of 70% of the compensation determined by the authority of the first instance in the decision on expropriation shall be paid. Payment of the advance shall take place once within 50 days of the day on which the application for payment of the advance has been lodged. The amount of the compensation for the expropriated property shall be reduced by the amount of the advance paid.

1c. If the decision on expropriation or the annulment of the decision on the immediate occupation of the property has been annulled, the person to whom the advance payment has been paid or her heir is obliged to reimburse that advance after its valorisation on the day of the return, if not they shall be entitled to the right referred to in Article 4. 122a.

2. The consequences of delay or delay in payment of compensation shall apply accordingly to the provisions of the Civil Code.

3. The amount of compensation fixed in the decision shall be subject to valorisation at the date of its payment The valorisation shall be carried out by the authority, the person or body responsible for payment of the compensation.

3a. If the decision on the basis of which the compensation was paid was subsequently waived or was declared invalid, the person to whom the compensation was paid or her heir is obliged to reimburse that compensation after its valorisation on the day of return.

4. With the consent of the person entitled to compensation, the starosta, who performs the task of government administration, may determine a different one from the one specified in the paragraph. 1-3 way of payment of the awarded compensation.

5. To pay compensation for the expropriated property, for damages resulting from the events referred to in art. 120, to pay the price of the acquisition of the part of the property referred to in art. 113 (1) 3, as well as to provide the replacement property shall be obliged, subject to the paragraph. 6 and 8, an old age, executing a task in the field of government administration, if the expropriation occurs in favour of the State Treasury, or the executive body of the local government unit, if the expropriation occurs for the benefit of this entity.

6. The obligation to pay compensation for damage resulting from the events listed in Art. 124, art. 124b, art. 125 and art. 126 and for the reduction of the value of the property for this reason, shall be charged to the person or organization unit authorised respectively for the establishment or performance of drainage pipes, tubes and equipment referred to in Article 3. 124 (1) 1, or permit to perform maintenance, repair, disaster recovery and disposal operations, referred to in Article 1. 124b ust. 1, or permit temporary seizure of immovable property in the case of force majeure or other abrupt need to prevent significant damage or an entrepreneur who, on the basis of a concession, performs a search, recognition or recognition activity. mining-owned copalin.

7. (repealed)

8. The entity that will implement the public objective may cover the costs of the receivables referred to in the paragraph. 5 and 6, and the costs of determining those duties.

Article 133. [ Payment of damages to the court of justice] The compensation shall be paid into a court deposit if:

1) the authorized person refuses to accept it or the payment of damages finds difficult to overcome the obstacle or

2) compensation for expropriation concerns the property of an unregulated legal state.

Article 134. [ Grounds for determining compensation] 1. The basis for determining the amount of compensation constitutes, subject to Art. 135, the market value of the property.

(2) In determining the market value of the property, account shall be taken in particular of the nature, location, use, destination, state of the property and the current developments in the price of immovable property.

3. The value of the property for the purposes of compensation shall be determined according to the current manner of its use, if the purpose of the property, in accordance with the purpose of expropriation, does not increase its value.

4. If the purpose of the property, in accordance with the purpose of expropriation, results in an increase in its value, the value of the property for the purposes of compensation shall be determined according to the alternative use resulting from this purpose.

Article 135. [ Real Estate replacement value] (1) If, in view of the nature of the property, it is not possible to determine its market value, since such immovable property is not traded, its replacement value shall be determined.

2. In determining the reformation value of the property, the value of the land and the value of its component parts shall be determined separately.

3. In determining the value of land, the provisions of the art shall apply. 134 (1) 2-4.

4. When determining the value of buildings or their parts, structures, technical infrastructure equipment and other equipment, the cost of their replacement shall be estimated, taking into account the degree of wear.

5. In determining the value of forest stands or revelations, if there are useful materials in the tree stand, the value of wood in this tree is estimated. If there is no usable material in the stand or the value of the wood that can be obtained, it is lower than the cost of flooding and wood care, the cost of afforestation is estimated, and the costs of the wood stand up to the date of expropriation are estimated.

6. In determining the value of plantations of perennial cultures, the cost of the assumption of plantation and its care for the first harvest time and the value of the lost borns during the period from the date of expropriation to the date of completion of full harvesting shall be estimated. The sum of the costs and the value of the lost loans shall be reduced by the sum of the annual depreciation periods resulting from the period of use of the plantations from the first year of the crop to the date of expropriation.

(7) In determining the value of sowing, crop and other annual harvests, the value of the expected yields at market prices shall be estimated, reducing it by the value of the inputs required for the harvest of those crops.

Chapter 6

Return of expropriated properties

Article 136. [ Refunds] 1. The expropriated property shall not be used for a purpose other than that specified in the decision to expropriate, taking into account art. 137, unless the previous owner or his heir does not submit an application for the return of this property.

2. In the event of an intention to use the expropriated property or its part for a different purpose than specified in the decision on expropriation, the competent authority shall notify the previous owner or his heir about that intention, informing simultaneously of the the possibility of returning the expropriated property.

3. The previous owner or his heir may request the return of the expropriated property or its part, if, pursuant to the provision of art. 137, it has become superfluous for the purpose set out in the decision to expropriate. [ 2] The request for reimbursement of immovable property or parts thereof shall be applied to an old, executing government administration task which shall inform the competent authority thereof. The condition for the return of the property shall be the reimbursement by the previous owner or his/her heir to the compensation or replacement property pursuant to art. 140.

4. Paragraph Recipe 3 shall apply mutatis mutandis to the part of the property acquired by contract in accordance with art. 113 (1) 3.

5. In the event of failure to apply for repayment of the expropriated property or its part within 3 months from the date of receipt of notification of the possibility of reimbursement, the entitlement to return the property or its part shall expire.

6. (lost power)

Article 137. [ Recognition of property as superfluous] 1. The property shall be deemed to be unnecessary for the purpose specified in the decision on expropriation, if:

1) despite the passage of 7 years from the date on which the decision on expropriation became final, no work commenced on the implementation of this purpose or

2) [ 3] despite the passage of 10 years from the date on which the decision to expropriate became final, the purpose of the decision was not realized.

2. Where, in the case referred to in paragraph. 1 point 2, the purpose of the expropriation was carried out only on the part of the expropriated property, the return is subject to the remaining part.

Article 138. [ Termination of rights chargeable to the return property] 1. If the property or its part subject to reimbursement has been given to a permanent board or has been subject to the right of use, these rights shall expire on the date on which the decision to return the expropriated property became final. Article Recipe 90 par. 2 shall apply mutatis mutandis.

2. Najim, lease or use of the returned property shall expire within 3 months from the date on which the decision to return the expropriated property became final.

Article 139. [ Real Estate Return State] The expropriated property is refundable in the state in which it is on the day of its return.

Article 140. [ Reimbursement of damages] 1. In the event of the return of the expropriated property the previous owner or his heir returns the Treasury or the competent local government entity, depending on who owns the property on the day of return, set in the decision compensation, as well as the replacement property, if it was granted in the framework of compensation.

2. Cash repayments shall be subject to valorisation, except that it shall be measured after valorisation, subject to art. 217 ust. 2, may not be higher than the market value of the property on the day of return, and if, due to the type of property, its market value cannot be determined, it shall not be higher than its replacement value.

3. If the return is subject to the part of the expropriated property, the reimbursed amount of compensation shall be determined in proportion to the area of that part of the property.

4. In the event of a decrease or an increase in the value of the property as a result of the actions taken directly on the property after its expropriation, the compensation, determined according to the paragraph. 2, shall be reduced or increased by an amount equal to the difference between the value specified at the date of return. In determining the value of the property, the state of the property is assumed from the date of expropriation and the state of the property on The effects of the change of destination in the local plan and changes in the property environment shall not be taken into account. The provisions of the paragraph 3 shall apply mutatis mutandis.

(5) If the compensation is granted for the purposes of compensation and the payment of money, the payment shall also be paid in addition to the replacement property in the amount determined in accordance with the rules referred to in paragraph 1. 2, except that the amount of the released amount cannot be higher than the difference between the value of the return property and the value of the replacement property specified at the date of return. In determining the value of the property, no account shall be taken of the effects resulting from the change of destination in the local plan and changes in the property environment. In the event of a reduction or an increase in the value of the replacement property, a cash payment equal to the difference in the value of that property, fixed at the date of the return

6. The costs of the proceedings for the return of the property shall be borne by the State Treasury or the relevant local government unit according to which of these entities the compensation is returned.

Article 141. [ Settlement Method] 1. The claims referred to in Art. 140, may be, at the request of the previous owner or his heir, spread over the instalments, no longer than for 10 years. The terms of the payment on instalments shall be determined in the decision to return the expropriated property.

2. Claims of the State Treasury or the competent local government entity from the title referred to in art. 140, are subject to appropriate security. If the security consists in establishing a mortgage on immovable property, the decision to return shall be the basis for the entry of the mortgage in the perpetual book.

3. The Rats referred to in paragraph 1, shall be subject to interest rate at the application of an interest rate equal to the rate of reseize of the bills applied by the National Bank of Poland.

4. The consequences of delay or delay in the payment of receivables shall apply accordingly to the provisions of the Civil Code.

Article 142. [ Return Decision] 1. The reimbursement of expropriated properties, reimbursement of compensation, including replacement property, and on the settlement of return and repayment dates of the starosta's adjudication, executing the task of the government administration, by decision.

2. In the cases referred to in paragraph. 1, in which the party to the proceedings is a municipality or a district, the president of the city on the rights of the district exercising the function of the starosty shall be exempted on the principles set out in Chapter 5 of Chapter I of the Code of Administrative Procedure

Chapter 7

Participation in the costs of construction of technical infrastructure equipment

Article 143. [ Construction of infrastructure facilities] 1. The provisions of this Chapter shall apply to the property regardless of their type and location, if the facilities of the technical infrastructure have been built with the resources of the State Treasury, units of local government, means coming from the budget of the European Union or from non-reimbursable foreign sources, excluding real estate intended for agricultural and forestry purposes, and in the absence of a local plan for the real estate used for agricultural and forestry purposes. Article Recipe 92 (1) 2 shall apply mutatis mutandis.

2. Through the construction of technical infrastructure devices, it is understood the construction of the road and the construction underground, on the ground or on the soil of conductors or water supply, sewage, heating, electrical, gas and telecommunications equipment.

Article 144. [ Adiacentous fees] 1. Property owners participate in the costs of construction of technical infrastructure facilities by contributing to the municipality of the adjuvant fees.

2. Paragraph Recipe 1 shall also apply to the perpetual usuallyland users who, on the basis of separate provisions, do not have the obligation to pay annual fees for perpetual use or have, with the approval of the competent authority, be paid once per year for the use of perpetual fees for the use of the the entire period of perpetual usuup.

Article 145. [ Determination of the adjuvant charge] 1. Genocide, mayor or president of the city may, by decision, determine the adjuvant charge each time after the creation of conditions for the connection of the property to particular equipment of the technical infrastructure or after the creation of conditions for use of the a built road.

2. The decision to determine the adjuncence fee may take place within 3 years from the date of creation of the conditions for connection of the property to particular equipment of the technical infrastructure or from the day of creation of conditions for use of the property a built road if, on the date of creation of these conditions, the decision of the municipal council was in force, as referred to in art. 146 (1) 2. The determination of the charge shall be the interest rate fixed in the resolution of the municipal council in force on the date on which the conditions for the connection of the property to the particular equipment of the technical infrastructure were created or on the day of creation of the conditions for the the use of the road built.

Article 146. [ Charges and Property Value] 1. The determination and the amount of the adjuvant fee depend on the increase in the value of the property caused by the construction of the technical infrastructure equipment.

1a. The determination of the adjunctive charge shall be made after obtaining the opinion of the property valuer, specifying the value of the property.

2. The amount of the adjuvant charge shall be no more than 50% of the difference between the value that the property had before the construction of the technical infrastructure devices and the value the property has after they are built. The rate of the rate of the Adjusted Fee shall be determined by the Council of the Municipality by a resolution.

2a. With regard to real estate located in the area of the Special Revitalization Zone, referred to in Chapter 5 of the Act of 9 October 2015. on the revitalization, the amount of the fee referred to in paragraph 2, it shall be no more than 75% of the difference between the value that the property had before the construction of the technical infrastructure facilities and the value that the property shall have after they were built.

3. The value of the property according to the condition prior to the construction of the equipment of the technical infrastructure and after their construction shall be determined by the prices at the date of the decision to determine the adiacentous fee.

Article 147. [ Method of Accounting] 1. The adjuster fee may be, at the request of the owner of the property, spread over the annual instalments payable in the period up to 10 years. The conditions for the distribution of the instalments shall be determined in the decision to fix the fee. The municipality's affiliation with that title shall be subject to security, including by the establishment of a mortgage. The decision to set the adjuvant fee is the basis for the entry in the perpetual book.

2. The Rats referred to in paragraph 1, shall be subject to interest rate at the application of an interest rate equal to the rate of reseize of the bills applied by the National Bank of Poland.

Article 148. [ Counting charges] 1. The obligation to pay an adjuvant fee shall arise after 14 days from the date on which the decision to fix the fee became final. In the case of the payment of the instalment fee, this obligation shall apply to the payment of the first instalment.

2. The provisions of the Civil Code shall apply to the effects of the delay or delay in the payment of the Adalacce fee.

3. The amount of the adjuvant fee set in the decision shall be subject to valorisation starting from the first day of the month following the month in which the decision was issued, up to the first day of the month in which the obligation to pay was made.

4. When establishing the adjuvant fee, the difference between the value of the property after the construction of the technical infrastructure devices and the value it had before they are built, shall be reduced by the value of the expenditure incurred by the owner or the user of perpetual real estate, for the construction of individual technical infrastructure devices.

Art. 148a. (repealed)

Art. 148b. [ Obligation to provide information] 1. The determination that the conditions for the connection of the property to the equipment of the technical infrastructure or the conditions for use of the built road are created, shall be made on the basis of separate provisions.

2. The competent authorities of the municipality, property valuers drawing up opinions on the value of the immovable property referred to in art. 146 (1) 1a, as well as the persons liable for the payment of the adjunctive charge, the competent bodies shall be obliged to provide information on the matters referred to in paragraph 1. 1, that conditions have been created for the connection of the property to the facilities of the technical infrastructure or the conditions for use of the built road, sufficient to determine this fee.

SECTION IV

Property valuation

Chapter 1

Specify Property Values

Article 149. [ Application of chapter provisions] The provisions of this Chapter shall apply to all properties, regardless of their type, location and purpose, and regardless of the entity's ownership and valuation purpose, excluding the determination of the value of the property in connection with the implementation The Act on Merging and Exchange of Land.

Article 150. [ Types of valuation] 1. The result of the valuation of real estate shall be made:

1) the determination of the market value;

2) the determination of the replacement value;

3) the determination of the cadastral value;

4) (repealed)

5) the determination of other types of values provided by separate provisions.

2. The market value shall be determined for the property, which are or may be traded.

3. The replacement value shall be determined for the property which, by reason of the nature, the current use or use is not or may not be the subject of market trading, and if the special provisions require it.

4. The cadastral value of the property shall be determined for the property, referred to in the property tax regulations. The rules and mode of fixing this value shall be governed by the provisions of Chapter 2 of this chapter.

5. The terms of the values mentioned in the paragraph. 1 points 1 and 2 and in Article 161 shall carry out the property valuers referred to in Chapter 1 of Chapter 1.

6. (repealed)

Article 151. [ Market value and real-estate property] 1. The market value of the property is the most likely price, possible to obtain on the market, determined taking into account transactional prices at the acceptance of the following assumptions:

1) the parties to the contract were independent of each other, did not act in a forced situation, and had a firm intention to enter into a contract;

2) the time necessary to exhibit real estate on the market and to negotiate the terms of the contract has expired.

2. The rebuilding value of the property shall be equal to the costs of its replacement, taking into account the degree of wear.

3. The cadastral value of the property is the value established in the process of universal real estate taxonation.

Article 152. [ Ways of determining property values] 1. The methods of determining the value of the property, which are approaches to their valuation, are dependent on the adopted types of factors affecting the value of the property.

2. The property price shall be carried out using a comparative, lucrative or costing approach, or mixed, containing the elements of the previous approaches.

3. The market value of the property shall be determined using a comparative or lucrative approach. If the existing conditions do not allow the use of a comparative or income approach, the market value of the property shall be determined in a mixed approach. When using a cost approach, the rebuilding value of the property shall be determined.

Article 153. [ Concept and types of approaches] 1. The comparative approach shall consist in determining the value of the property on the assumption that this value corresponds to the prices that are obtained for the similar properties which have been the subject of market trading. These prices are adjusted because of the characteristics of different properties similar to those of the property being valued and the changes in price levels over time are taken into account. The comparative approach shall be used if there are known prices and characteristics of immovable property similar to that of the valued property.

2. The income approach shall consist in determining the value of the property on the assumption that its buyer will pay for it a price, the amount of which depends on the expected income it will obtain from the property. They shall be used for the valuation of immovable property bearing or likely to bear an income.

3. The cost approach is to determine the value of the property on the assumption that this value corresponds to the costs of the property being restored, less the value of the property consumption. This approach shall specify separately the cost of the land acquisition and the cost of the replacement of its component parts.

Article 154. [ Selection of approach and methods and techniques for estimating real estate] 1. The selection of the appropriate approach and the method and technique of estimating the property shall be carried out by the asset valuer, taking into account, in particular, the purpose of the valuation, the type and location of the property, the purpose of the local plan, the state of the property, and available data on prices, income and characteristics of similar properties.

2. In the absence of a local plan, the purpose of the property shall be determined on the basis of the study of determinants and directions of spatial development of the municipality or the decision on the conditions of the construction and development of the site.

3. In the absence of a study or the decisions referred to in paragraph. 2, the actual use of the property shall be taken into account.

Article 155. [ Data used at valuation] 1. In estimating the property, any necessary and available data on immovable property shall be used, contained in particular in:

1) the perpetual accountants;

2. real estate cadastre;

3) the records of the premises of the terrain;

(3a) the records of the property order number;

3b) register of monuments;

4) taxi tables and taxi maps created on the basis of art. 169;

5) local plans, studies on the conditions and directions of spatial development of the municipality, decisions on the conditions of construction and development of the land and the permits for construction;

6) lists carried out by the tax offices;

6a) documents held by the Agency, which the Treasury has entrusted, by statute, the exercise of the right of property and other rights in rem in its favour;

6b) in the notarial acts held by housing associations concerning the disposal of cooperative rights to the premises;

7) agreements, rulings, decisions and other documents, being the basis of entry to the perpetual books, the registers constituting the cadastral opera, and in the extracts from the estimates transferred to the real estate cadastre;

(8) the energy performance certificate.

2. The estimated data used by the asset valuer used in the operator may take the form of writings and plugs from the documents or records referred to in paragraph. 1.

3. The competent authorities, the agencies referred to in paragraph 1. 1 point 6a, housing cooperatives, courts and tax offices are required to provide property valuers with the data referred to in paragraph 1. 1.

4. When valuing the property for the purposes related in particular with deprivation or restriction of rights to the property, as well as with the ponement of the burdens and public benefits, including taxes, property valuer acting on the order of the authorities public administration or courts have the right of access to the property which is the subject of valuation and to make the necessary activities related to the estimation of the property.

Article 156. [ Opinions of the assessor] 1. The property valuer shall draw up an opinion in writing about the value of the property in the form of an estimated opera.

(1a) The public administration, which has commissioned an asset valuer to draw up an estimate, shall be obliged to enable the person whose legal interest concerns his content, to review the operator and to draw up notes from him and to the public. write-off. This person may require the authentication of written write-ups from an estimated opera or an estimated certified copy of the operator, where this is justified by an important interest of that person.

2. The property valuer shall not be liable for the use of the operator without his consent for any other purpose than the purpose for which he was drawn up.

3. The estimated operation may be used for the purpose for which it has been drawn up, for a period of 12 months from the date of its preparation, unless there have been changes in the legal conditions or significant changes of the factors referred to in art. 154.

4. The estimated operation may be used after the expiry of the period referred to in paragraph. 3, after the confirmation of its actuality by the property valuer. The confirmation of the actuality of the operator shall be made by placing an appropriate clause in the operator's estimate of the operator who prepared it.

5. The provisions of the paragraph. 3 and 4 do not contravene regulations deriving from separate provisions.

Article 157. [ Discrepancies in opinions] 1. The assessment of the correctness of drawing up an estimated opera shall be carried out by the professional organization of the valuers of the property within a period of not more than 2 months from the date of conclusion of the contract for this assessment, having regard to the following principles:

1. a professional organisation shall appoint an evaluation team in the composition of at least 2 asset valuers;

(2) in the assessment they may not take part in the asset valuer for which the conditions set out in Article 4 are subject to the conditions laid down in Article 4 (2). 24 of the Code of Administrative Procedure or other conditions which may give rise to reasonable doubt as to their impartiality.

1a. The estimate at which the negative assessment has been issued shall, from the date of issue of that assessment, lose the nature of the value of the property referred to in Article 4. 156. 1. The professional organisation shall publish, for a period of 12 months on its website, on its website, on the day of the assessment of the negative assessment, the assessment.

2. The preparation by another valuer of the property valuation of the same property in the form of an estimated opera may not be the basis for assessment of the correctness of the preparation of the estimated opera, referred to in the paragraph. 1.

3. In the case where the estimated opera is drawn up by the persons appointed or established by the court, the assessment of the opera may be requested by the court only.

4. The provisions of the paragraph. 1 and 3 shall apply mutatis mutandis in the case of divergent estimates of the value of the same property for the purpose of the valuation.

Article 158. [ Transfer of estimated operats] 1. The property valuer shall draw up and sign an extract from the estimated operator of the undertaking, containing:

1) a description of the property which is the subject of the valuation, including its nature and identifying data:

(a) the registration parcels which are part of the property and the buildings situated on them, where the object of the valuation is land property,

(b) buildings or premises where the subject-matter of the valuation is a building property or a local property;

2) the scope and purpose of the valuation and the applied approach in the valuation of the property;

3) the value of the property, together with an indication of the type of value and the date of its determination

2. Within a period of not more than 2 months from the date of preparation of the operator, the estimated valuer of the property shall be transmitted, taking into account art. 175 par. 3, an extract from the estimated operator of an estimate containing the data referred to in paragraph 3. 1, to the real estate cadaster authorities via the electronic platform of public administration services referred to in art. 3 point 13 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114), signing it with the signature of the confirmed Trusted ePUAP profile referred to in art. 3 point 15 of this Act, or a secure electronic signature verified by means of a valid qualified certificate.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the event of the valuer's confirmation of the actuality of the estimated operation referred to in Article 2. 156. 4.

Article 159. [ Delegation] The Council of Ministers shall determine, by means of a regulation, the types of methods and techniques for the valuation of immovable property, the means of determining the value of the property, the value of the outlays and damage on the property and the way of drawing up, form and Having:

1) the means of determining the value of the property by application of particular approaches, methods and valuation techniques;

2) ways of determining the value of the property for different purposes;

3) ways of determining the value of the property as an object of various rights;

4) ways of determining the value of the property according to their type and purpose;

5) types of investment in real estate;

6) the data to be included in the estimate, and the manner in which its actuality is confirmed;

7) the determinants of the determination of the market value of the property in a mixed approach.

Chapter 2

Universal real estate taxis

Article 160. [ Application of chapter provisions] The provisions of this Chapter shall apply to immovable property for which the cadastral value is determined.

Article 161. [ Widespread real estate taxis] 1. The universal real estate taxi is aimed at determining the cadastral value of the property and is carried out, on the basis of this Law and the separate regulations, by the organs leading the cadastral of real estate.

2. The cadastral value of the property shall be determined on the basis of estimating the representative properties for particular types of property in the area of the given municipality. The provisions of Chapter 1 of this chapter shall apply to determining the value of these properties. The value of the representative properties shall be determined using the real estate transaction prices in the municipality, and in the absence of sufficient number of transactions, in the area of the neighbouring communes.

3. The tasks of estimating the representative properties for the determination of the cadastral value, as well as for the preparation of the taxi and taxi maps, perform the valuer's valuables.

Article 162. [ Cadastral values] 1. The cadastral values, established in the process of universal immovable property taxis, should take into account the differences that occur between the individual properties and the rapprochement to the market value possible to obtain with the application of the rules adopted for the mass valuation.

2. The cadastral values shall be used to determine the basis of taxation of the property tax, and to the extent specified by this Act or the provisions of separate laws, when determining the value of the property constituting the property of the Treasury The State or the competent authority of the local government or the official activities to which it is necessary to determine the value of the property shall be required.

Article 163. [ How to perform universal taxa] 1. The common property taxis shall be carried out periodically. The deadline for the commencement and termination of the general real estate taxis, as well as the source of its financing, will determine a separate law.

2. In annual periods dividing the execution of successive universal real estate taxonations established as a result of the previous widespread taxi, cadastral values are overestimated using the real estate price indices referred to in art. 5.

3. The municipal council may take a resolution to carry out at the expense of the municipality of the universal real estate taxa in the period between the time limits set in the law referred to in paragraph. 1, however, not more often than every 3 years.

Article 164. [ Determination of cadastral value] 1. The basis for establishing the cadastral values of individual properties are taxonomy maps and taxi tables.

2. The cadastral value of the property shall be determined for the whole property or their parts, if they have been extracted as a tax item in the property tax regulations.

3. If the property is situated in the area of more than one municipality, the cadastral value shall be determined separately for each part of the property located in each of those municipalities.

(4) Where there is a need to use several approaches to establish the cadastral value of the same property, this value shall be determined separately for each part of the property for which a separate approach has been applied.

Article 165. [ The cadastral value of land property] The cadastral value of the land property is the cadastral value of the land and the cadastral value of its component parts.

Article 166. [ Unit value units of land] 1. In order to determine the cadastral value of the land shall be determined for the isolated zones, due to similar factors affecting the market value, the unit values of the area of land located in those zones.

2. Unit values of land in isolated zones shall be presented in the lists of these zones, which are an integral part of the tax-mapping.

3. The cadastral value of the land shall be determined as the product of the surface shown in the real estate cadastre and the unit value referred to in paragraph. 2.

Article 167. [ Unit value units of ground components] 1. In order to determine the cadastral value of the ground components, the unit values of the areas of these components shall be determined in groups, taking into account their location and the differences between them.

2. The unit values of the surface of the ground components in the extracted groups shall be shown in the taxi tables.

3. The cadastral value of the components of the ground shall be determined as the sum of the cadastral values of the individual objects constituting those parts. The cadastral value of individual objects shall be determined as the product of their area shown in the real estate cadastre and the unit value shown in the taxiing tables.

4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to buildings and premises constituting a separate object of property.

Article 168. [ Re-determination of cadastral value] The provisions of Article 4 166 and 167 shall also apply where necessary to reestablish the cadastral value following a general real estate taxonation.

Article 169. [ Authority of the real estate cadaster] 1. The taxi and taxi-mapping tables shall be drawn up by the operator of the real estate cadaster on the basis of the assessment of the representative properties carried out by the property valuers.

2. The authority of the real estate cadaster, in agreement with the relevant territorially-mayor, mayor or president of the city, lectures the taxi maps and the taxi tables to the public inspection for a period of at least 21 days. The statement shall be published in the form of a notice and in the local press, and in a manner customarily adopted in the place concerned, specifying the location and timing of the application together with an indication of the possibility of reporting the pleas in law.

3. Each, whose legal interest relates to the findings of the maps and the taxi tables, may, during the period of the application, report the charges to them.

4. The authority of the real estate cadaster shall consider the reported allegations and present them to the municipal council competent for the location of the property, together with a proposal for settlement, joining the maps and the taxi tables. The Council of the Municipality shall adopt a resolution on the granting of an official taxi power and a taxi table in which it also resolves the manner in which the reported charges are dealt with.

5. A complaint to the administrative court is entitled to a party that is not satisfied with the manner in which the claims are dealt with.

6. The praise of the municipal council on granting the power of the official taxis and taxi tables is subject to the announcement in the voivodship journal.

Article 170. [ Decision to establish the cadastral value] 1. The cadastral body shall decide, by decision, to determine the cadastral value of the property and its entry in the real estate cadastre.

2. The decision referred to in paragraph. 1, is subject to immediate execution.

3. The cadastral values of the property determined on the basis of the existing maps and taxi tables, entered in the cadastre of the property, obtain with the date of their entry the power of official data.

4. The values referred to in paragraph. 3, may be updated at the request of the owner or the perpetual user and another person on whose pregnancy the tax obligation, and also of the office, on the basis of an individual assessment of the property. The provisions of the paragraph 1 and 2 shall apply mutatis mutandis.

Article 171. [ Obligations of owners] 1. The persons referred to in art. 170 par. 4, they are obliged to provide the body with a cadaster of real estate documents and information concerning this property, necessary for carrying out the universal real estate taxis.

2. In the event of failure to provide the documents and information referred to in paragraph. 1, the authority leading the real estate cadaster, after conducting the investigation, shall determine the cadastral value of this property on the basis of available documents and information.

Article 172. [ Control of general taxa] 1. The Supreme State Administration Authority, competent in matters of real estate cadastre, carries out every year in selected areas the control of the universal real estate taxonation.

2. The results of the checks referred to in paragraph 2. 1, they may serve as a basis for carrying out another universal real estate taxonation in selected areas.

Article 173. [ Delegation] The Council of Ministers shall determine, by means of a regulation, the manner in which the general real estate taxis are carried out,

1) the range of information necessary in carrying out the taxi;

2) the characteristics of the property affecting the cadastral value;

3) the sources of real estate data for the needs of the general taxonation;

4. the method of determining the cadastral values;

5) how to end the general taxis;

6) the manner and time limits for carrying out the control of the general real estate taxis;

7) the types and designs of the documents used in carrying out the general taxis and the way in which they are drawn up.

Chapter 3

Real estate market survey

Article 173a. [ Periodic tests] 1. The Minister for Construction, Local Planning and Planning of Spatial Planning and Housing, shall periodically survey the real estate market with particular emphasis on real estate intended or used for purposes of housing. The research concerns the value of real estate, real estate transaction prices, rental rates and the frequency of real estate trading.

2. On the basis of the studies referred to in paragraph. 1, Minister for Construction, Local Planning and Planning and Housing at least once a year, develops analyses and compilations characterizing the real estate market. Analyses and compilations shall be made available free of charge to public authorities and to entities that have made available information on the real estate market useful for the development of those analyses and compilations or have incurred the cost of obtaining this information. In other cases, the sharing of analyses and compilations shall be made available for consideration in accordance with the costs incurred in drawing up their studies. Provisioning can take the form of electronic recording on the Internet.

Art. 173b. [ Access to information] Public administration authorities with information on the real estate market and, in particular, public statistics authorities obtaining statistical information within the scope and time limits laid down in the programme of statistical surveys and competent authorities in the property cadastre cases are obliged to make free of charge available to the minister competent for the construction, local planning and spatial planning and housing of the information held on the market property.

Art. 173c. [ Real Estate Information] By the information about the real estate market referred to in art. 173b, it is understood that information concerning in particular property values, real estate transaction prices, rents rates and the frequency of real estate trading are understood.

CHAPTER V

Professional activities in the field of real estate management

Chapter 1

Asset valuing

Article 174. [ The concept of asset valuing] 1. Property of the property shall be the professional activity performed by the appraisers under the conditions laid down in this Act.

2. The property valuer shall be a natural person having professional powers in the field of estimating the property, granted in accordance with the provisions of Chapter 4 of this chapter.

3. The property valuer shall determine the value of the property, as well as the machinery and equipment permanently connected with the property.

3a. The asset valuer may draw up studies and studies, which do not constitute an estimate of the property, concerning:

1) the real estate market and consulting in the scope of this market;

2) the efficiency of investment in real estate and their development;

3) the financial implications of the adoption or amendment of local plans;

4) the marking of the object of the separate property of the premises;

5) the mortgage-mortgage value of the property;

6) determination of the value of the property for the individual investor;

7) valuation of real estate included in investments within the meaning of the accounting regulations;

8) valuation of real estate as assets of fixed assets within the meaning of the Accounting Act.

3b. From the date of entry into the central register of property valuers, the person referred to in paragraph 1 shall be entered in the register. 2, acquires the right to pursue the profession and to use the professional title of "asset valuer". The professional title of "asset valuer" is subject to legal protection.

4. The expert court of the field of real estate estimating shall be set up or shall be established from among persons having professional competence in the field of estimating the property, granted in Chapter 4 of this chapter.

5. The property-maker shall not refuse to perform the functions of a court expert.

6. Doing business in the field of estimating real estate in the territory of the Republic of Poland is possible, where the activities in the field of estimating properties will be carried out by property valuers.

7. The asset valuer shall carry out the profession:

1) conducting an economic activity on its own behalf or within a personal company in the field of real estate estimating, or

2) in relation to the employment relationship or civil law contract in the entity conducting the property estimation.

8. (repealed)

9. The provisions of the paragraph. 7 and 8 do not concern forensic experts performing the appraisal at the court order.

Article 175. [ Obligations of the assessor] 1. The property valuer shall be obliged to carry out the activities referred to in art. 174 (1) 3 and 3a, in accordance with the rules of law and professional standards, with special care appropriate to the professional nature of these activities and with the principles of professional ethics, guided by the principle of impartiality in the valuation of real estate.

2. The property valuer shall be obliged to continuously improve the professional qualifications.

3. The information obtained by the property valuer in connection with the pursuit of the profession is a professional secret. In particular, information obtained in the course of the performance of professional activities may not be communicated to third parties, unless the separate provisions provide otherwise or in the cases referred to in Article 3. 157, art. 194, art. 195 and Art. 195a.

4. An entrepreneur carrying out the activities referred to in art. 174 (1) 3 and 3a shall be subject to the compulsory insurance of civil liability for damage caused in connection with the performance of the contract to which it is a party and whose object is the activities indicated in Art. 174 (1) 3 and 3a. If it is carried out by means of a property valuer related to that entrepreneur or a civil-law contract, it shall also be liable to civil liability for the damage caused by that person's action.

5. Minister responsible for financial institutions in agreement with the minister competent for construction, local planning and development of spatial planning and housing, after consulting the Polish Chamber of Insurance, will determine, on the way the Regulation, the detailed scope of the compulsory insurance referred to in paragraph 1. 4, the term of the insurance obligation and the minimum guarantee sum, taking into account in particular the specificities of the profession and the scope of the tasks carried out, as well as the ways of recognising the insurance and professional guarantees issued in the countries referred to in Article 13 (1) 1 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.).

6. The professional standards shall be determined by the professional organisations of property experts in agreement with the Minister responsible for construction, local planning and zoning and housing. The communication on the agreement of professional standards shall be published in the Official Journal of the Minister responsible for construction, local planning and zoning and housing.

Article 176. [ Exclusion of valuer] The asset valuer shall be exempted from taking part in the estimation of the property if the conditions set out in the Article are to be observed. 24 of the Code of Administrative Procedure.

Article 177. [ Experts ' Qualifications] 1. The professional powers in the field of estimating the property shall be granted to a natural person who:

1) has full capacity for legal acts;

2) she was not punished for a crime against the activities of state institutions and local government, for a crime against the judiciary, for a crime against the credibility of the documents, for a crime against property, for a crime against the economic defence, for a crime against the defence of money and securities, or for a treasury offence;

3) has a higher education;

4) has completed postgraduate studies in the field valuation of real estate;

5) held at least 6-month professional practice in the field valuation of real estate;

6) passed with the result of positive qualifying proceedings, including the submitted an examination giving the powers in the field of estimating the property.

1a. The course of the professional practice referred to in paragraph 1. 1 point 5, shall be recorded in the professional practice journal. A candidate for a property valuer shall be charged for the release of the professional practice journal, up to a maximum of 3% of the amount of the average monthly salary in the national economy in the year preceding the release of the professional practice journal, announced by the President of the Central Statistical Office on the basis of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

2. The obligation referred to in paragraph. 1 point 4, does not apply to a person who holds a higher education diploma in the direction of which the programme enables the acquisition of knowledge and skills in the valuation of immovable property to such an extent as a postgraduate study programme in the field of valuation property, which confirms the supplement to the diploma or the certificate of the university.

2a. (repealed)

2b. The obligation referred to in paragraph 2. Article 1 (5) does not concern a person who:

1) has held a practice in valuing real estate covered by the programme of studies in the dimension of one semester, provided that the practice was implemented on the basis of a contract concerning the practice concluded between the university and the professional organization of the appraisers assets, or

2) has a documented two years ' professional experience in the position connected with the valuation of the property.

3. (repealed)

4. The Minister responsible for Construction, Local Planning and Planning and Housing shall specify the model of the certificate referred to in paragraph 1. 2, in the form of an electronic document within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.

Article 178. [ Professional responsibility] 1. The property valuer not fulfilling the obligations referred to in art. 158 and Art. 175 par. 1, 3 and 4, shall be liable to professional liability.

2. In view of the asset valuer, the following disciplinary penalties may be given for professional indemnity:

1. reminder;

2. reprimand;

3) suspension of professional powers for the period from 3 months to 1 year;

4) suspension of the professional powers until the resubmission of the test with a positive result;

(4a) deprivation of professional powers with the possibility of reapplying for their grant;

5) deprivation of professional powers with the possibility to apply for reenchement after 3 years from the day of their deprivation.

2a. (repealed)

2b. (repealed)

3. The salvation of professional powers shall also be carried out in the case of:

1) loss of capacity for legal acts;

2) convictions for the offences referred to in art. 177 (1) 1 point 2;

(3) a judicial prohibition on the profession of asset valuer;

4) a court ban on doing business in the field of real estate estimating.

4. (repealed)

5. The salvation of the professional powers referred to in paragraph. 3, shall take place on the basis of a final judgment of the court. The person to whom the decision of the court is concerned shall be obliged to inform the Minister responsible for the construction, local planning and development of the land and housing.

Chapter 2

Real estate brokering

Article 179. (repealed)

Article 180. [ Placement rules] 1. (repealed)

1a. (repealed)

2. (repealed)

3. The scope of property brokering activities shall be determined by an intermediary agreement. The agreement requires a written form under the rigorous annulment.

3a (repealed)

4. (repealed)

5. (repealed)

6. (repealed)

7. (repealed)

8. (repealed)

Article 181. [ Compulsory intermediary insurance] 1. (repealed)

2. (repealed)

3. The semi-colon in real estate is subject to compulsory insurance of civil liability for damage caused in connection with the sale of real estate. If the real estate agent carries out activities with the assistance of other persons acting under his supervision, he shall also be subject to the insurance of civil liability for the damage caused by the actions of those persons.

4. Minister responsible for financial institutions in agreement with the minister competent for construction, local planning and development of spatial planning and housing, after consulting the Polish Chamber of Insurance, will determine, on the way the Regulation, the detailed scope of the compulsory insurance referred to in paragraph 1. 3, the term of the insurance obligation and the minimum guarantee sum, taking into account in particular the specificities of the profession and the scope of the tasks performed, as well as the ways of recognising the insurance and professional guarantees issued in the the countries referred to in Article 13 (1) 1 of the Act of 2 July 2004. about the freedom of economic activity.

5. (repealed)

6. (repealed)

Article 182. (repealed)

Article 183. (repealed)

Article 183a. (repealed)

Chapter 3

Real estate management

Article 184. (repealed)

Article 185. [ Management Policy] 1. (repealed)

1a. (repealed)

1b. (repealed)

1c. (repealed)

2. The real estate manager shall act on the basis of a contract for the management of immovable property, concluded with its owner, the housing community or any other person or organizational unit with the right to the property, with legal effect directly for this person or business unit. The agreement requires a written form under the rigorous annulment.

3. (repealed)

4. (repealed)

5. (repealed)

Article 186. [ Compulsory manager's insurance] 1. (repealed)

2. (repealed)

3. The property manager shall be subject to compulsory insurance of civil liability for damage caused in connection with the management of immovable property. Where the real estate manager performs activities with the assistance of other persons acting under his supervision, he shall also be subject to the insurance of civil liability for the damage caused by those persons.

4. Minister responsible for financial institutions in agreement with the minister competent for construction, local planning and development of spatial planning and housing, after consulting the Polish Chamber of Insurance, will determine, on the way the Regulation, the detailed scope of the compulsory insurance referred to in paragraph 1. 3, the term of the insurance obligation and the minimum guarantee sum, taking into account in particular the specificities of the profession and the scope of the tasks performed, as well as the ways of recognising the insurance and professional guarantees issued in the the countries referred to in Article 13 (1) 1 of the Act of 2 July 2004. about the freedom of economic activity.

5. (repealed)

6. (repealed)

Art. 186a. [ Forwarding information to the municipal authorities] The real estate manager shall communicate to the executive authorities of the municipality due to the location of the property, the rental data of the dwellings, in conjunction with the location, the age of the building and its technical condition and the surface area of the property. the utility of the premises and its standard, resulting from rental contracts, situated in the buildings managed by it, within the time limits and according to the formula set out in separate regulations.

Article 187. (repealed)

Article 188. (repealed)

Article 189. (repealed)

Article 190. (repealed)

Chapter 4

Granting of professional rights to property valuers and making entries in the central register and the adjudication of professional liability

Article 191. [ Granting authority] 1. The Minister responsible for Construction, Local Planning and Planning and Housing grants professional competence in the field of estimating the property, to persons who have fulfilled the requirements set out in Art. 177.

2. (repealed)

3. The fulfilment of the requirements referred to in paragraph. 1, shall state the State Qualification Commission in the course of the qualification procedure.

(3a) An application for professional competence in the estimation of immovable property shall be subject to examination within a period of not more than two months from the date of the opening of the procedure of eligibility. The application for professional competence in the estimation of real estate shall be accompanied by documents in the form of an original, certified copy or certified translation, confirming the fulfilment of the requirements referred to in art. 177 (1) 1.

3b. If it is determined that the request has to be completed, the body shall invite the applicant to complete the application within seven days from the date of receipt of the request. Failure to complete the application by the deadline shall leave the application without recognition. Where the application is completed, the application shall be submitted to the first qualification procedure taking place after the date of completion of the application, unless it is possible to refer the application to the qualification proceedings, the date of which was indicated in the application. The period referred to in paragraph 1 shall be made. 3a, it shall count from the date of the qualifying proceedings for which the application was addressed.

(3c) If, in the course of qualifying proceedings on the basis of complex documents, it is not possible to ascertain whether the applicant fulfils the conditions laid down in Article 4 (1), 177, the chairperson of the qualification team in consultation with the competent vice-chairman of the State Qualification Commission shall request the Minister to request the appropriate authorities, institutions or persons for information necessary for the conduct of this proceeding. The period referred to in paragraph 1 shall be made. 3a, shall be suspended until the date of receipt of additional explanations.

3d. The recipe of the mouth. 3c shall not apply to the conditions laid down in the Article. 177 (1) 1 (1) and (2).

3e. The time limit for the examination of the application referred to in paragraph 1. 3a, may be extended in addition only once. The extension of the time limit shall not exceed two months.

4. The Minister for Construction, Local Planning and Planning and Housing Appoints and Refers, by Order, the State Qualification Commission, composed of the Minister's representatives (3/5) members) and persons designated by the professional organisations of property valuers (2/5 members).

5. The qualifying proceedings shall be carried out at the expense of applicants for the grant of professional rights. The costs shall be covered by the payment of the fee for the qualification procedure.

6. The amount of the fee for the qualification proceedings shall not be higher than the amount of the average monthly remuneration in the year preceding the carrying out of the qualifying proceedings, announced by the President of the Central Statistical Office on the basis of the Law of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

7. The members of the State Eligibility Committee shall be entitled to remuneration for the conduct of the qualification proceedings.

8. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation:

(1) the amount of the fee for the procedure to cover the costs of qualifying proceedings and of expenditure relating to the functioning of the State Qualification Commission, the mode of collection and the cases justifying the reimbursement of the fee, the mode of reimbursement, taking into account the stages and time limits of the qualifying proceedings;

(2) the amount of the remuneration of the members of the State Qualifying Commission, taking into account the number of persons joining the qualification proceedings and the way in which the qualification proceedings are carried out.

Article 192. [ Certificate] The granting of professional competence in the estimation of immovable property shall be stated by a certificate. The refusal to grant professional rights shall be made by means of a decision.

Article 193. [ Entry to central registers] 1. The Minister responsible for Construction, Local Planning and Planning and Housing shall keep a central register of property valuers.

2. To the central register referred to in paragraph 2. 1 shall be entered in the persons to whom the professional powers of the asset valuers have been granted on the basis of certificates of grant of those powers.

3. [ 4] In the register referred to in paragraph 1. 1, shall also be entered into the citizens of the Member States of the European Union, which, in accordance with the rules laid down in the Act of 22 December 2015. on the rules for the recognition of professional qualifications acquired in the Member States of the European Union (Dz. U. of 2016 r. items (65), it was recognised in those countries that they were qualified to carry out the profession of asset valuer.

4. The following data shall be entered in the central register for the persons to whom the privileges are granted:

1. the entry number of the alert;

2. the date of entry;

3) name and surname;

4) the names of parents;

(5) date and place of birth;

6) address of residence;

7. education;

8) the PESEL registration number;

9) the identity document number of a citizen of a Member State of the European Union

10) number of allowances;

11) information about the adjudicated disciplinary penalties referred to in art. 178 (1) 2, as well as information on deprivation of allowances for the reasons referred to in art. 178 (1) 3;

12) information about the deletion of the register and the reasons for those strikeouts.

5. The deletion from the register of persons to whom professional powers have been granted shall take place in the case of:

1) the suspension of the powers referred to in art. 178 (1) 2 points 3 and 4;

2) deprivation of the powers referred to in art. 178 (1) 2 points 4a and 5;

3) deprivation of the powers referred to in art. 178 (1) 3;

4) death.

6. In the event of a decision of the disciplinary penalty referred to in art. 178 (1) 2 point 3, the reentry to the register shall be made at the request of the person punished after the period of the case-law of the disciplinary penalty. In the event of a decision of the disciplinary penalty referred to in art. 178 (1) The reentry to the register shall be followed by a re-entry of the test with a positive result.

7. In the event of a declaration of disciplinary penalties referred to in art. 178 (1) 2 points 1 and 2 of the penalty shall be made at the request of the person punished after 1 year from the execution of the penalty.

8. In the event of the decision of the disciplinary penalty referred to in art. 178 (1) 2 point 3 of the penalty shall be made at the request of the person punished after 2 years after the end of the period of the case-law.

9. In the event of a dismissals of disciplinary punishment, the information about this penalty shall be drawn from the central register.

10. extracts from the register, with the exception of the data mentioned in the paragraph. 4 points 5, 8, 9, 11 and 12 shall be published in the official gazette of the Minister responsible for the construction, local planning and development of spatial planning and housing and publication on the website of the operating office Minister.

11. The notice referred to in paragraph 1. 10, also subject to changes in the register.

(12) On a reasoned request from a Member State within the meaning of the Article 2. 1 point 4 of the Act of 4 March 2010. o the provision of services in the territory of the Republic of Poland (Dz. U. No 47, pos. 278, z Late. zm.), minister competent for construction, local planning and zoning and housing makes available the data referred to in paragraph. 4, to the extent indicated in the request, notifying the asset valuer whose data have been made available.

Art. 193a. (repealed)

Article 194. [ Adjudication of Disciplinary Penalties] 1. (repealed)

1a. The procedure for professional liability shall be initiated by the Minister responsible for construction, local planning and zoning and housing, subject to the provisions of the paragraph. 1b and 1c. After the opening of the procedure, the Minister shall refer the matter to the Commission for the responsibility of the Commission for the investigation.

1b. Where the case concerns persons appointed or established by the court, the proceedings for professional liability shall be initiated only as a result of a complaint lodged by the court.

1c. A professional liability procedure shall not be initiated if, by the date of receipt by the Minister responsible for the construction, local planning and development of the land and housing information on the existence of the the circumstances which may constitute the basis for professional liability have elapsed 3 years from the date on which those circumstances exist.

2. Explanatory proceedings concerning the fulfilment of the obligations referred to in Article 158 and Art. 175 par. 1, 3 and 4, shall carry out the Commission's Professional Responsibility Commission.

3. The Minister responsible for Construction, Local Planning and Planning and Housing Appoints and References, by Order, the Commission of Professional Responsibility with the participation of persons designated by the professional organisations property valuers.

4. The costs of the proceedings for professional liability shall be borne by the state budget of the minister responsible for construction, local planning and zoning and housing.

Article 195. [ Explanatory proceedings] 1. The investigation procedure referred to in Article 1 194 shall be carried out with the participation of the person against whom the professional liability procedure has been initiated. Unjustifiable instability does not stop the investigation. In the event of a twice-justified absence, the Commission shall carry out an investigation procedure.

2. The person referred to in the mouth. 1, may establish a defender or request the designation of a public defender. The defender established or appointed ex officier shall be entitled to participate in the investigation.

3. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of ordinance, a list of the public defenders, with the participation of the persons designated by the professional organizations of the property valuers.

4. The Committee of Professional Accountability, under the authority of the Minister responsible for Construction, Local Planning and Planning and Housing, may address the organs of public administration, the judiciary, and other institutions and persons to provide the information necessary for the investigation.

Art. 195a. [ Application of the disciplinary penalty or remission of proceedings] 1. The Minister for Construction, Local Planning and Planning of Spatial Planning and Housing, on the basis of the results of the investigation, shall decide, by decision, to apply one of the disciplinary penalties referred to in the in Article 178 (1) 2, or a waiver of professional liability proceedings.

2. In the cases referred to in art. 127 § 3 of the Code of Administrative Procedure, the minister responsible for construction, local planning and zoning and housing may waiver the transfer of the case to the Commission of Professional Accountability for the purpose of the investigation procedure.

3. Implementation of the decision referred to in art. 138 of the Code of Administrative Procedure, follows a period of 14 days from the date of the expiry of an unsuccessfully period for bringing a complaint against the decision to the administrative court. Where a complaint is brought before the administrative court, the minister responsible for construction, local planning and planning and housing shall hold the office of enforcement of the decision, by way of a decision not to take the form of is entitled to a complaint.

Article 196. [ Study programmes] 1. Programmes of postgraduate studies referred to in art. 177 (1) Article 1 (4) shall take into account at least the minimum programme requirements laid down by the Minister responsible for Construction, Local Planning and Planning and Housing.

2. (repealed)

3. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of the Regulation, minimum programming requirements for postgraduate studies in the field of property valuation, at that time the duration of these studies, the general programme and the postgraduate programme, taking into account the subject matter of the lectures and the minimum number of hours of their studies, taking into account the qualifications and skills that graduates of those studies should possess, necessary for the proper and fair pursuit of the professional activities in the above range.

Art. 196a. (repealed)

Article 197. [ Delegation] Minister for Construction, Local Planning and Planning and Housing, with a view to ensuring objective, reliable and efficient checks on the preparation of candidates for asset valuers and ensuring an objective assessment of complaints for the activities of persons to whom allowances have been granted, and taking into account the actual costs of professional liability proceedings, shall, by means of a regulation, determine:

1) the manner and conditions of the professional practice in estimating the property, the rules of procedure of the organization of these practices, their programme, the maximum fee for the practice of not more than 50% of the amount of the average monthly remuneration in sector of enterprises from the quarter preceding the quarter in which the entry is made, as announced by the President of the Central Statistical Office, and the way of documenting the practice of professional practice, including the model of the professional practice journal and the amount the fees for his release, taking into account the cost of his issue;

2. the manner and mode of carrying out the qualification procedure, the method of determining and the types of costs of the procedure, the organisation of the State Qualification Commission and the rules of procedure of its action;

3) models of certificates of professional rights in the field of estimating the property;

4) how to conduct a central register of property valuers;

5) the procedure for issuing duplicates of professional certificates in the event of their loss;

6) (repealed)

7) (repealed)

8) the manner and mode of conduct of the conduct of professional liability, the means of determining and the types of costs of this procedure, the organisation of the Commission of Professional Responsibility and the rules of procedure of its action, the amount of the remuneration The Committee on Professional Accountability and Public Defenders and the manner in which it is established.

CHAPTER VI

Penal provisions

Article 198. [ Penal provisions] 1. Who leads:

1) without professional powers of professional activity in the field of property valuations, consisting in determining the value of the property, as well as machinery and equipment permanently connected with the property

2) (repealed)

3) (repealed)

-is punishable by arrest, restriction of liberty or a fine.

2. The same penalty shall be subject to the operator of the activity referred to in Article 3. 174 (1) 6, which shall be entrusted with the exercise of the activities referred to in paragraph 1. 1, to a person who does not have the rights set out in the paragraph. 1.

3. The disclaimers in the cases of the acts referred to in paragraph. 1 and 2, shall be subject to the provisions of the Code of Conduct on Offences.

Art. 198a. [ Exemption of application of the law] Article Article 198 ust. 1 point 1 shall not apply to entities within the meaning of the provisions of Article 1. 2. 1 point 2 (a) a i b ustawy z dnia 4 marca 2010 r. of providing services on the territory of the Republic of Poland.

CHAPTER VII

Transitional provisions, amendments to the provisions in force and final provisions

Chapter 1

Transitional provisions

Article 199. [ Real estates acquired after 1 February 1989] 1. Real estate acquired by the state legal persons after the entry into force of the Act of 31 January 1989. on the amendment of the Act-Civil Code (Dz. U. Nr 3, pos. 11), that is after 1 February 1989, constitute from the date of acquisition of the property of those persons.

2. The management of real estate owned by the State Treasury and the property of the municipality, exercised on the date of entry into force of this Act by the organizational units, shall be transformed from that date into a permanent board of these properties.

Article 200. [ Rules for the determination of acquisition under the law of certain immovable property] 1. In cases of acquisition, by law, on the basis of the Act of 29 September 1990 amending the Law on Land Management and Property Disposing (Dz. U. Nr. 79, pos. 464, of late. ism), as of 5 December 1990. the right of use of perpetual land and property of buildings, other facilities and premises by the state and municipal legal entities and the Bank of the Food Economy, which held on that date the land on the board, not completed before the date of entry into force This Act shall apply the following rules:

1) the acquisition of ownership of buildings, other facilities and premises shall be paid for consideration if these facilities were not built or acquired from the own resources of those persons or their legal predecessors;

2) the acquisition of the right of perpetual usucaption and property shall state by decision of the voyewater-in relation to immovable property owned by the State Treasury or the mayor, mayor or president of the city-in relation to the real estate constituting property of the municipality

3. in the decision referred to in point 2, the conditions for the use of the perpetual use shall be determined, subject to the rules laid down in the Article. 62 Act and in Art. 236 of the Civil Code, and the amount due for the acquisition of property, as well as the manner of securing the claims referred to in the paragraph. 2;

4. the purchase price of the property referred to in point 3 shall be counted against the charges incurred on the management of buildings, other facilities and premises; the first fee shall not be charged for the acquisition of perpetual usualies.

2. Claims on the acquisition of property of buildings, other equipment and premises by the persons referred to in paragraph. 1, they are subject to a mortgage on the use of perpetrators of land or isolated parts of those land that these persons have acquired. The mortgage arises from the date of entry into the perpetual ledger. The entry of the mortgage follows the unsuccessfully expiry of the time limit for satisfying the claim, designated in the decision referred to in the paragraph. The provisions on perpetual and mortgage books shall be applied mutatis mutandis, subject to the following rules, as appropriate:

1) the basis for the entry of the mortgage is the decision referred to in the paragraph. 1 point 2;

2. mortgage-backed claims are subject at the time of payment of the valorisation under the rules applicable to the return of the expropriated property and shall not be subject to interest;

3) in the case of sale, rent, lease or other repayable making available to the property or their parts, on which the provision of mortgage debt is made, the claim shall immediately become due in part equal to the benefits the revenue resulting from that title shall be regarded as a benefit, less the costs associated with the conclusion of the contract;

4) in the event of the establishment of a separate property of the dwelling, the participation in the use of the perpetual land and the share of the joint ownership of the part of the joint building related to the ownership of the premises shall be free from the mortgage.

5) (repealed)

3. Claims on the acquisition of property of buildings, other equipment and premises shall expire on:

1) transformation of a state-owned enterprise into a company with the exclusive participation of the State Treasury or conversion of a municipal company into a one-man commune company;

2) the issue of the ordinance on direct privatization under the Act of 30 August 1996. o commercialisation and privatisation (Dz. U. of 2015 items 747 and 978).

4. The acquisition of property and the right of use of the perpetual referred to in the mouth. 1 and 2, may not violate the rights of third parties.

5. The payment of the claims referred to in paragraph. Point 3 shall be carried out by the competent authority.

Article 201. [ The application of the provisions of Article 200] 1. Rules of Art. 200 shall apply mutatis mutandis to those created on 1 May 1991, 1 July 1991. and 1 January 1992. on the basis of the ordinances of the Minister of Transport and Maritime Economy of state-owned enterprises, which have acquired by virtue of the law, in accordance with the Act of 25 March 1994. amending the Act on the amendment of the Law on Land Management and the disposing of real estate (Dz. U. Nr. 51, pos. 201), on the date of their entry in the register of SOEs the right of use of perpetual land and the property of the buildings situated on them, other facilities and premises which are on the management of the public roads, district transport establishments and road machinery, road and bridge construction regions, road construction areas, bridge construction areas, open-source road materials, aggregates for the operation of aggregates or the directorate of district roads.

2. Acquisition of ownership of buildings, other facilities and premises by the state-owned enterprises referred to in paragraph. 1, the following shall be paid if those facilities were not built or acquired from the own resources of the legal predecessors of those undertakings.

Article 202. [ Powers of State institutions of culture] 1. State institutions of culture, which pursuant to the Act of 25 October 1991 about the organisation and running of cultural activities (Dz. U. 2012 r. items 406, z 2014 r. items 423 and of 2015 items 337) have acquired legal personality, acquire by virtue of the law, on the date of their entry in the register of cultural institutions, the use of perpetual land which they managed on 5 December 1990, and the property of buildings, other facilities and premises situated on them, if, on the date of entry into force of this Law, they continue to manage those land. This must not affect the rights of third parties. The provisions of Article 1 shall apply mutatis mutandis. 200.

2. Acquisition of ownership of buildings, other facilities and premises by the institutions of culture referred to in paragraph. 1, shall be free of charge.

3. The provisions of the paragraph. 1 and paragraph 2 shall apply mutatis mutandis to municipal cultural institutions which have acquired legal personality in accordance with the provisions of Article 4 (2). 41 of the law mentioned in the paragraph. 1.

Article 203. [ Mortgage protection of certain liabilities] 1. Liabilities of legal persons for repayments for buildings, other facilities and premises referred to in art. 200 par. 1 and Art. 201 (1) 2, not executed in whole or in part before the date of entry into force of this Act, shall be subject to a mortgage security in accordance with its provisions.

2. The liabilities of companies with the exclusive share of the State Treasury, arising from the transformation of state enterprises, from the title referred to in paragraph. 1, they expire.

3. The provision of the paragraph. 1 does not apply to the obligations of companies which, on the basis of the Act on Commercialisation and Privatisation, have been given for the consideration of the use of the liquidated company property.

Article 204. [ Claim for the establishment of the land use of perpetual land and the transfer of ownership of buildings] 1. Cooperatives, cooperative societies and other legal persons who, on 5 December 1990, the land users, owned by the State Treasury or by the municipality, shall have a claim for the establishment of land use of perpetual land and for the transfer of ownership of the buildings, other facilities and premises on the land.

2. The conclusion of the contract for the placing of the land in perpetual use shall be made without a tender.

3. The transfer of ownership of buildings, other facilities and premises shall be effected by payment, unless these facilities have been built or acquired from the cooperative's own resources, cooperative societies and other legal entities.

4. The payment for the use of perpetual land and the price of buildings, other facilities and premises shall be determined in accordance with the provisions of Chapter 8 of Chapter II, with the exception of the provision on the obligation to pay the first fee. The price shall include the reallocation of charges incurred for the use of buildings, other facilities and premises.

5. Claims referred to in paragraph. (1) They have expired if the applications were not submitted by 31 December 1996.

6. In the case of sale of the right of perpetual usualate before the expiry of 10 years from its establishment, the cooperative, the cooperative association and other legal persons shall be obliged to pay the first fee in the amount specified on the date of sale, according to the provisions Chapter 8 of Chapter 8. The first fee shall not be paid in the event of:

1) the unpaid transfer of the right of perpetual usualor to the municipality or the State Treasury;

2) the unpaid transfer of the right of perpetual usuup to another cooperative on the basis of the Act of 20 January 1990. of changes in the organisation and activity of the cooperative (Dz. U. Nr 6, poz. 36, z późn. zm.).

Article 205. [ Provisions so far] 1. The claims of cooperative societies, cooperative unions and other legal persons for the establishment of perpetual usudates, arising before the date of entry into force of this Act, shall be subject to this date of its provisions.

2. Rules of Art. 204 shall apply mutatis mutandis to the legal successors of cooperatives, cooperative societies and other legal entities which existed on 24 December 1992. and exist on the date of entry into force of this Act.

Article 206. [ Delegation] The Council of Ministers will determine, by way of regulation, detailed rules and mode of determining the existing law of the management of state and municipal legal persons for real estate, as well as the right of use of real estate by cooperatives, unions cooperative societies and other legal persons, recognition of the measures referred to in Article 200 par. 1, art. 201 (1) 2 and Art. 204 par. 3, for own resources, the determination of the value of the property and the amount of the amounts due for the acquisition of the ownership of buildings, other facilities and premises, the security of the claims under this title, and the types of documents constituting the necessary evidence in those cases.

Article 207. [ Authority of some property holders] 1. [ 5] Persons who were property holders owned by the State Treasury or the property of the municipality on 5 December 1990. and continued on 1 January 1998, they may request the transfer of the property by contract for perpetual use with the transfer of ownership of the buildings, if they have built these properties on the basis of a building permit with a fixed location. The acquisition of ownership of buildings built from the own resources of the holders shall be free of charge.

1a. If the property was built on the basis of a construction permit with a time location, the conclusion of the contract referred to in the paragraph. 1, is dependent on the compliance of this location with the findings of the local plan in force at the date of the request notification.

2. The holders referred to in the mouth. 1, may be exempt from the first fee for perpetual usucaption if they submit requests to devotion to their property in perpetual use before the end of the year from the date of entry into force of the Act.

Art. 207a. [ Application of provisions of the Act] The provisions of Article 4 207 para. 1 and 1a, as far as the real estate owned by the State Treasury is concerned, is also applicable to:

1) state enterprises resulting from the division of a state-owned enterprise existing on 5 December 1990,

2) state enterprises created as a result of the merger of undertakings existing on 5 December 1990,

3) companies arising from the commercialisation or conversion of a state-owned enterprise existing on 5 December 1990. in a single company of the State Treasury, in the mode provided by the rules on privatization of state-owned enterprises

-if on 1 January 2004 these entities were property holders, located on 5 December 1990. in the possession of the public undertakings referred to in points 1 to 3.

Article 208. [ Putting the property into perpetual use in a non-bargaining mode] 1. Natural and legal persons who, by 5 December 1990, have obtained final location decisions or building permits on immovable property owned by the State Treasury or the property of the municipality, shall be awarded these properties in perpetual use in a non-bargaining mode, if applications for the devotions of those properties were submitted before the date of expiry of those decisions, but not later than 31 December 2000.

2. Cooperatives, their associations and the National Cooperative Council and other legal persons, which on the land owned by the State Treasury or the property of the municipality until 5 December 1990 they have built themselves or built their legal predecessors from their own resources, with the permission of the competent authority of the construction of buildings, a claim for the establishment of land use of perpetual land and for free transfer of property free of charge of their buildings. The claim shall be granted to those persons in respect of the land on the day of filing the claim in their possession within the meaning of the Article. 207 and covers the land necessary for the proper use of the building.

3. In the cases referred to in paragraph. 2, the conclusion of the contract for perpetual use of the land and the transfer of the ownership of the buildings shall be made without a tendering procedure and without the obligation to pay the first fee.

4. Claims referred to in paragraph. 2, they have expired, if the applications were not submitted by 31 December 1996.

Article 209. [ Transformation of the law of construction in perpetual use] Persons who obtained the right to build the property established before the date of entry into force of the decree of 26 October 1945. about the right of construction (Dz. U. Nr 50, poz. 280), may demand the conversion of this right into perpetual use. The conversion shall take place by decision of the competent authority, which shall also determine the conditions for the use of the perpetual use, subject to the rules laid down in the Article. 62. The decision is the basis for making an entry in the perpetual ledger.

Art. 209a. [ The claim for the conclusion of a contract of transfer of ownership or of the perpetual use of perpetual usuallers] 1. If a land plot that does not meet the requirements of the construction plot is allocated to the building when the property was extracted in the building, the owners of the premises shall be entitled to the State Treasury or the local authorities ' claim for the conclusion of a contract of transfer of ownership or devotion to the perpetual use of an adjacent land property or a part thereof, which together with the hitherto separated land plot will meet the requirements of the construction plot, provided that the claim is has been reported jointly by the owners of all premises; in the absence of any the provisions of the Article shall apply. 199 of the Civil Code.

2. Transfer of property of the property referred to in paragraph. 1, may take place after consideration by the competent authorities of the applications of the previous owners or their heirs to restore the property of this property.

3. In the case referred to in paragraph. 1, the State Treasury or local government entity shall be entitled to the owners of the premises of a claim for the conclusion of an agreement to transfer to their property or to grant them to the use of a perpetual adjacent land property or its parts.

4. The connection referred to in paragraph 1, shall not be entitled if:

1) the proceedings concerning the correctness of the acquisition of the property by the State Treasury or the local self-government entity;

2) the adjacent land property, constituting the property of the State Treasury or local government units, has been given to the perpetual use of the perpetual person or the permanent management of the organizational unit for the purposes of defence and security of the State, or border with these immovable property;

3) as a result of the execution of the claim, the adjacent land property would cease to meet the requirements of the construction plot.

Article 210. [ Remain of land and buildings in the use of certain legal persons and entities] 1. Land owned by the State Treasury or the property of the municipality, which is on 5 December 1990. in the use of legal persons or organisational units which do not have legal personality, and buildings, other facilities or premises remain in the use of such persons and individuals. The provisions relating to the permanent management shall apply accordingly.

2. In the event of sale to the existing user of buildings, other devices and premises referred to in paragraph. 1, the purchase price of the property shall include the charges incurred for the use of the property.

3. For use established by decision before 1 January 1998. rules on the permanent management board shall apply accordingly.

Article 211. [ Permission to acquire garage for property] 1. A person who, on the basis of a building permit, built before 5 December 1990. from own resources of the garage on the property of the State Treasury or the property of the municipality, as well as its legal successor, may request the acquisition of this garage for the property and the devotion to the use of the perpetual land necessary for the use of this garage, if he is his tenant. The acquisition of the garage for property shall be made free of charge.

2. Acquisition of a garage on the property, built before 5 December 1990. on the basis of a construction permit with a temporary location, is subject to the compliance of that location with the findings of the local plan in force at the date of the request's notification.

3. The authority referred to in paragraph 1. 1, it shall expire if the request for the acquisition of the property and the reserving of the perpetual use of the land necessary for the use of that garage will not be submitted to the competent authority until 31 December 2000.

Article 212. (repealed)

Article 213. [ Exemption of application of the law] Art. 204-211 does not apply to real estate belonging to the Agricultural Property of the State Treasury, unless otherwise provided for by the provisions relating to the management of the Asset.

Article 214. [ RE Return] 1. Previously owned owners whose rights to compensation for the land, buildings and other building blocks of immovable property, as provided for in art. 7 ust. 4 and 5 and art. 8 decree of 26 October 1945 on the ownership and use of land in the area of Warsaw (Dz. U. Nr 50, poz. 279 and 1985 Nr 22, pos. 99), have expired on the basis of the provisions of the Act mentioned in Art. Article 241 (1), if they or their successors have been notified by 31 December 1988 at the latest. Applications for perpetual use of land may be returned to one property.

2. The reimbursement of the property referred to in paragraph. 1, shall be granted to previous owners of parcels built in single-family houses, small residential houses and houses where the number of houses does not exceed 20, and the houses in which before 21 November 1945 the number of houses in the house is not more than 20. the ownership of the individual premises, as well as the houses which were owned by the housing cooperatives before that date.

3. The granting of the right of use of perpetual land and the return of buildings shall be decided by the competent authority.

4. Paragraph Recipe 2 shall apply mutatis mutandis to sacral objects, monasteries, religious houses and other ecclesiastical objects used in their entirety by former owners or their successors in legal order. If these objects are used only in part, the paragraph rule. 2 shall apply only within the limits of actual wielding.

5. The provision of the paragraph. 2 does not apply to land put into perpetual use to persons other than former owners and to land put into use.

Article 215. [ Compensation for the agricultural holding] 1. The provisions of the Act on compensation for expropriated property shall apply mutatis mutandis to compensation for the agricultural holding on land, which on the basis of the decree of 26 October 1945. the ownership and land use of land in the area of the city of Warsaw went into state ownership if their previous owners or the successors of the rights of those owners, the holding, were deprived of the actual ruler of the said holding. After 5 April 1958

2. [ 6] The provisions of the Act on compensation for expropriated property shall apply mutatis mutandis to a single-family house if it passed on to the State's property after 5 April 1958, and to the parcel which before the date of entry into force of the decree mentioned in paragraph 1. 1 may have been dedicated to the construction of one family if the former owner or his successors have been deprived of the actual power to rule it after 5 April 1958. In the context of the compensation granted, the previous owner or his successors may receive a perpetual parcel for the construction of a single-family house.

Article 216. [ Application of provisions of the Act] 1. The provisions of Chapter 6 of Chapter III of this Act shall apply mutatis mutandis to immovable property taken over or acquired to the State Treasury on the basis of art. 6 or Article 47 of the Act of 12 March 1958. the rules and mode of expropriation of real estate (Dz. U. of 1974 Nr 10, pos. 64 and 1982 No 11, pos. 79), of the Act of 22 May 1958. areas for the construction of single-family houses in towns and settlements (Dz. U. Nr 31, pos. 138, of late. zm.), ustawy z dnia 31 stycznia 1961 r. about construction sites in rural areas (Dz. U. of 1969. Nr 27, pos. 216, of 1972 Nr 49, poz. 312 and 1985 Nr 22, pos. 99), art. 22 of the Act of 14 July 1961. about the economy of the land in cities and settlements (Dz. U. of 1969. Nr 22, pos. 159, of 1972 Nr 27, pos. 193 and 1974. No 14, pos. 84), of the Act of 6 July 1972. the areas of single-family and endangerment construction and the distribution of real estate in towns and settlements (Dz. U. Nr 27, pos. 192, of 1973. Nr 48, poz. 282 and of 1985. Nr 22, pos. 99) and to the properties expropriated to the state and cooperative enterprises of the agricultural economy, as well as to land expropriated on the basis of separate regulations in connection with the needs of the Tatra National Park.

2. The provisions of Chapter 6 of Chapter III shall apply mutatis mutandis to real estate acquired in favour of the State Treasury or the municipality respectively on the basis of:

1. 5 and art. 13 of the Act of 25 June 1948. about the division of real estate in the areas of cities and certain settlements (Dz. U. Nr 35, pos. 240 and 1957 Nr 39, pos. 172);

2. Article 9 of the decree of 26 April 1949. o the acquisition and transfer of real estate necessary for the implementation of national economic plans (Dz. U. of 1952. No 4, pos. 31);

3) of the Act of 29 April 1985. about land economy and property expropriation (Dz. U. of 1991. Nr 30, pos. 127, of late. zm.).

Art. 216a. [ Exclusion of the provisions of Article 34 par. 1 point 2] Article Article 34 par. 1 point 2 shall not apply to the immovable property referred to in:

1. 2. 1 litas b of the decree of the Polish National Liberation Committee of 6 September 1944 for the implementation of the agricultural reform (Dz. U. of 1945. No 3, pos. 13, of late. zm.);

2) the Act of 6 May 1945. of the exclusion from the Polish society of hostile elements (Dz. U. Nr 17, pos. 96, of late. zm.);

3. Article 38 in connection with art. 2 of the Act of 6 May 1945. about the assets abandoned and abandoned (Dz. U. Nr 17, pos. 97, Nr 24, poz. 144 and No. 30, pos. 179);

4. Article 2 of the Act of 3 January 1946. on the acquisition of the State of the basic branches of the national economy (Dz. U. Nr 3, pos. 17, with late. zm.);

5) art. 2 of the decree of 8 March 1946. the assets of abandoned and demeanemic (Dz. U. Nr 13, pos. 87, z późn. zm.);

6) art. 1 of the Decree of 5 September 1947. to take ownership of the property of the survivors of the displaced persons to the USSR (Dz. U. Nr 59, pos. 318, of 1949. Nr 53, poz. 404 and 1969 No 13, pos. 95);

7) art. 38 par. 3 of the Act of 14 July 1961. about the economy of the land in cities and settlements (Dz. U. of 1969. Nr 22, pos. 159, of 1972 Nr 27, pos. 193 and 1974. No 14, pos. 84).

Article 217. [ Free transfer of property ownership] 1. Persons who, as a result of loss of property ownership, have received the title of compensation or compensation of other property in perpetual use, and the heirs of these persons shall have a claim for an unpaid transfer to their property the immovable property granted for compensation or compensation.

2. Persons who have been deprived of property property as a result of expropriation carried out before 5 December 1990, in the event of return of these properties, shall return compensation to the unpaid, in the amount of not more than 50% of the current value of those property.

Article 218. [ Advance of inputs] 1. The person who, with the consent of the owner, reconstructed or reconstructed the building owned by the State Treasury or the property of the local government, as a result of which the premises were extracted, in the event of the acquisition of the premises on the number of the purchase price includes the value of the outlays incurred for the conversion or expansion of the contract.

2. The provision of the paragraph. 1 shall not apply if the rental agreement or lease of premises provides otherwise.

Article 219. [ Arrangement of the outstanding commitments] 1. Overdue on the day of the entry into force of the Act the obligations of legal or natural persons on the charges for the use of perpetual land property or receivables for the acquisition of property of buildings, other devices and premises may be spread out on non-interest-bearing annual instalments payable for a period of up to 10 years, and interest on these receivables may be remitted. Payment on instalments and redemption of interest shall, by decision, take the water if the property is owned by the State Treasury, or the executive body of the local government unit, if the property is owned by the self-government unit territorial, where justified by the financial situation of those legal or natural persons.

2. Overdue on the day of the entry into force of the Act the obligation of the organisational units for the fees for the administration of the property and the interest on these receivables shall be umperated if this is justified by the financial situation of these units. The provisions of the paragraph 1 concerning the jurisdiction of the authorities shall apply mutatis mutandis.

Article 220. [ Establishments of land use management terms] 1. If, on the date of the entry into force of the Act, there were no fixed dates for the development of land property constituting the subject of perpetual usunification, the competent authority may, within one year from the date of entry into force of the Act, set these terms on the way decision.

2. The land use time limits established on the basis of the paragraph. 1 shall not be less than 12 months in respect of the beginning of the construction and 36 months in respect of the completion of the construction.

Article 221. [ Application of provisions of the Act] 1. Rules of Art. 72 par. 3 shall apply mutatis mutandis to land real estate for perpetual use before 1 January 1998, with the exception of immovable property, for which the annual rate of annual charges has been set at above 3%. Changes in the percentages of annual charges shall be carried out by the competent authorities using the procedure laid down in Article 4. 78-81.

2. If the amount of the annual fee for perpetual use is not determined when the land is used for perpetual use, the competent authority shall determine the amount of the perpetual usuup fee, excluding the cases in question. in Article 217 ust. 1, using the procedure referred to in Article 1 78-81.

(3) If the purpose for which the immovable property has been paid has not been determined when the land is in perpetual use, the annual rate of the annual fee shall be taken according to the purpose of the use of the property.

Article 222. [ The application of the provisions of Article 83] 1. Rules of Art. 83 shall apply mutatis mutandis to real estate in the management board before the date of entry into force of this Act. Changes in the level of the percentages of annual charges shall, by decision, be made by the competent authorities.

2. On the date of entry into force of the Act, the first charges on the property of the Management Board shall not be refundable.

Article 223. [ Transfer of the property list] 1. The Starostes, who perform tasks in the field of government administration, for the purposes of the real estate economy, will report to the Minister responsible for the Treasury the necessary documentation on the real estate referred to in art. 60 par. 1 and in Art. 60a par. 1.

2. The Starostes, who perform tasks in the field of government administration, will give in a permanent management of the General Directorate for National Roads and Motorways real estate owned by the State Treasury, occupied under national roads.

Article 224. [ The concept of real estate cadastre] Until the conversion of land and buildings in the real estate cadaster is converted by the term "real estate cadaster" used in this Act, it shall be understood to mean that record.

Article 225. [ The cadastral value of agricultural and forestry land] For the period up to 31 December 2005 the cadastral value for agricultural land shall be converted into a number of hectares, determined in accordance with the rules on agricultural tax.

Article 226. [ Determination of cadastral values] The cadastral values, when carried out for the first time of universal real estate taxis, shall be set at 31 December of the year preceding the year in which the property tax charged on the property shall be charged pursuant to separate provisions values.

Article 227. (repealed)

Article 228. [ Property Treasury Resource] In the property of the property Treasury does not register real estate, which on the basis of the provisions of the Act of 10 May 1990. -The provisions implementing the Law on Local Government and the Law on the Local Government (Dz. U. Nr 32, pos. 191, of late. ism.) became, by virtue of the law, on 27 May 1990. owned by the municipalities, but for which final decisions confirming the acquisition of property have not been issued.

Article 229. [ Exclusion of claim for the return of expropriated property] The claim referred to in art. 136 3, shall not be entitled if, before the date of entry into force of this Act, the property has been sold or the right of perpetual use has been established on it for the benefit of a third party, and this right has been disclosed in the perpetual book.

Art. 229a. (lost power)

Article 230. [ Privileges of previous experts] 1. The persons who on the day of the entry into force of the Act were entered on the list of voivodship experts from the scope of estimating the property, have the right to estimate the property for 9 months from the date of entry into force of the Act.

2. Persons established and entered before the entry into force of the Act on the list of forensic experts from the scope of estimating the property may carry out activities without professional powers, referred to in art. 174 (1) 1, for 3 years from the date of entry into force of the Act. The provision shall apply mutatis mutandis to persons appointed by a court or body conducting preparatory proceedings in criminal matters in the capacity of a judicial expert outside the list of forensic experts.

3. Persons with higher education, legitimized by the certificate of completion, before the date of entry into force of the Act, the specialist course in the field of estimating the property, may apply, subject to the paragraph. 4, to grant professional competence in the estimation of real estate, subject to completion of the supplementary qualification course, whose programme has been agreed with the President of the Office of Housing and Development of the Miast, and the execution of at least 15 the estimates, as well as the transition, with positive results, of the qualification procedure referred to in Article 4 (1) of the Regulation. 191.

4. Persons with secondary education legitimizing the certificate referred to in the paragraph. 3, may apply for the grant of professional competence in the field of estimating the property within 3 years from the date of entry into force of the Act, subject to completion of the supplementary qualification course, whose programme has been agreed with the President of the Office Housing and development of Cities, execution of at least 15 estimations and transitions with the result of positive qualifying proceedings referred to in art. 191.

Article 231. [ Recognition of existing professional powers] 1. The professional powers in the field of estimating the property, granted after 29 November 1991. on the basis of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2015 items 520, with late. zm.) is considered to be the professional powers referred to in art. 174 and art. 191.

2. The persons who obtained the powers mentioned in the paragraph. 1 prior to 29 November 1991, they shall retain the right to estimate the property to the extent specified in the certificates of grant.

3. To the persons referred to in the paragraph. 2, the Article shall apply mutatis mutandis. 175, 176, 178, 194, 195 and 195a.

4. In view of the persons referred to in paragraph. The disciplinary penalties referred to in Article 2 shall be taken into account in respect of which the professional liability has been given. 178 (1) 2, the execution of the decision shall be carried out by the authority leading the register of persons with professional powers in the field of geodesy and cartography.

Article 232. (repealed)

Article 233. [ Cases instituted and not completed] Cases initiated but not completed by a final decision before the date of entry into force of this Law shall be carried out on the basis of its provisions.

Chapter 2

Amendments to the provisions in force

Article 234. (bypassed)

Article 235. (bypassed)

Article 236. (bypassed)

Article 237. (bypassed)

Article 238. (bypassed)

Article 239. (bypassed)

Chapter 3

Final provisions

Article 240. [ Application of provisions of the Act] 1. If the provisions in force refer to the Act repealed by the provision of art. 241 or, in general terms, refer to the rules on land management and the expropriation of immovable property, and the provisions of this Law are applicable in this respect.

2. Whenever the provisions of the separate laws are referred to by experts or other persons having the power to estimate the property, this shall be understood to mean that these activities may only be carried out by the asset valuer, o which are referred to in this Act.

Article 241. [ Repealed provisions] They are hereby repealed:

1) Act of 29 April 1985 r. about land economy and property expropriation (Dz. U. of 1991. Nr 30, pos. 127, of late. zm.);

2) the Act of 29 September 1990. amending the Law on Land Management and Property Disposing (Dz. U. Nr. 79, pos. 464, of late. zm.).

Article 242. [ Entry into force] The Act shall enter into force on 1 January 1998.

[ 1] It lost its power on 1 August 1985. based on art. 100 point 5 of the Act of 29 April 1985. about land economy and property expropriation (Dz. U. No 22, pos. 99).

[ 2] On the basis of the judgment of the Constitutional Court of 14 July 2015. (Journal of Laws pos. 1039) art. 136 3. The first sentence, in so far as the addiction of the former co-owner of the expropriated property or his heirs from the consent of the other former co-owners of the property or their heirs, is incompatible with the art. 64 par. 1 and 2 in connection with the art. 21 (1) 2 and Art. 31 par. 3 Constitution of Poland. Article 136 (1) The first sentence of Article 3 (3) The extent of which expired on 24 July 2015.

[ 3] On the basis of the judgment of the Constitutional Court of 13 March 2014. (Journal of Laws pos. 376) art. 137 par. 1 point 2, in so far as the property is not necessary for the property to be expropriated before 27 May 1990, on which, at the time of the request for reimbursement, and not later than 22 September 2004, the objective set out in the decision on expropriation has been carried out. not in accordance with art. 2 in connection with art. 165 par. 1 Constitution of Poland. Article 137 (1) 1 point 2 in the abovementioned The extent of which expired on 24 March 2014.

[ 4] Article 193 (1) 3 in the version set by the Article. 65 of the Act of 22 December 2015. on the rules for the recognition of professional qualifications acquired in the Member States of the European Union (Journal of Laws of 2016 items 65). The amendment came into force on 18 January 2016.

[ 5] On the basis of the judgment of the Constitutional Court of 10 April 2006. (Journal of Laws No 64, pos. 456) art. 1 point 81 (a) and in connection with art. 9 of the Act of 7 January 2000. amending the Act on Real Estate Management and other Laws (Journal of Laws No. 6, item. 70) is in accordance with art. 32 in connection with art. 64 par. Article 1 (1) of the Constitution of the Republic of Poland and is incompatible with the principle of the protection of rights rightly acquired 2 and Art. 64 par. 2 of the Constitution of the Republic of Poland in so far as it relates to initiated and not completed cases before its entry into force of matters concerning the acquisition of perpetual usuem of real estate constituting the property of the State Treasury or the property of the municipality not built by them holders. Article 207 (1) 1 in the above The extent to which it expired on 18 April 2006.

[ 6] On the basis of the judgment of the Constitutional Court of 13 June 2011. (Journal of Laws No 130, pos. 762) art. 215 (1) 2 to the extent that it ignores the application of the provisions of this Act concerning compensation for expropriated immovable property to property which passed on the property of the municipality of m.st. of Warsaw or the state on the basis of the decree of 26 October 1945. o the ownership and land use in the area of Warsaw (Journal of Laws No. 50, item. 279), other than single-family houses, if they have passed on state property after 5 April 1958, and parcels which prior to the date of entry into force of the appointed decree may have been intended for construction other than one-family, if the previous the owners or their successors of the law have been deprived of the actual power to rule them after 5 April 1958, is incompatible with the art. 64 par. 2 in connection with art. 32 par. 1 and in connection with Article 31 par. 3 Constitution of Poland. Article 215 (1) 2 in the above The extent of which expired on 22 June 2011.