Perpetual usufruct consists in using a land property, owned by the State Treasury or a local authority unit, by the so-called a perpetual usufructary. It is important that his right is limited in time – usually for period of 99 years, but as an exception this period may be shortened – but no less than for 40 years.
The application for transformation may be submitted by an individual (a natural person) who, as of 13.10.2005, was a perpetual usufructary of a given property. The other group entitled to submit such application are the legal successors of the foregoing individuals, provided they acquired the right following the foregoing date – e.g. through inheritance.
The application covering the demand to transform the perpetual usufruct must be submitted to the authority competent as per the owner the property – to the staroste – if the property is owned by the State Treasury, or if the right is exercised on its behalf by other state legal persons. If the property is owned by one of the local authority units (commune, province, voivodeship) – to the commune head, the mayor or the province or voivodeship government.
The authority transforms the right by virtue of an administrative decision in which it also determines the obligatory fee for the transformation. This fee may be allowed to be paid in installments spread over the period of no less than 10 years (unless requested otherwise via adequate application by the individual concerned) and no more than 20 years. It is worth acknowledging that a 50% reduction in the fee may granted in the two following situations – if the right of perpetual usufruct had been acquired prior to 5.12.1990 or if the property has been recorded in the register of historic monuments.
CGO Legal law firm provides assistance to Clients who intend to transform their right of perpetual usufruct into the right of ownership. We investigate and determine the legal background and prepare and submit the adequate application.