REAL ESTATE IN POLAND

According to article 46 § 1 of the polish Civil Code, "real estate in Poland is a part of the land that constitutes a separate property (land), as well as permanently attached buildings or parts of such buildings". Property should be separated in terms of legal (ownership) and physical (land-geodetic).

The Civil Code does not explicitly define a single concept of real estate, but defines three types of it. According to the civil law definition, real estate in Poland is divided into ...

A particular type of land property in Poland is agricultural property. The Civil Code in Poland defines the concept of "agricultural real estate", but in this case we are dealing with the way of using real estate and not its kind. It is not the type of property that qualifies it as agricultural, but the way it is used - "which is or may be used for agricultural activities ...".

There is a concept of a building real estate in Polish legislation. It concerns a certain legal status (or a legal title to the land), namely the right of perpetual usufruct - this right is limited in time and does not find its counterpart in the legislation of the "old Union states". The right of perpetual usufruct applies only to land which is the property of local government units or the State Treasury in Poland.

The other type of real estate in Poland is the so-called residential real estate - it is created on the basis of the law on residences. The dwelling house is a dwelling, which, as a result of separation according to the principles set out in that law. In order to establish ownership of a property, it is necessary to register this property in the land and mortgage register.

The basic type of real estate is land (land), which is a part of the earth surface constituting a separate property. The buildings, other equipment and plants located on them and permanently associated with them, as well as the property rights, are the constituent parts of a land property. They may be the subject of a separate property as a residential property.

From 1 May 2016, foreigners can purchase agricultural land in Poland without a special permission. According to the law, the land will be available to buy only to those who will cultivate it and only if they have been registered in the municipality or neighboring municipality for 5 years.

Land and Mortgage Register is a public register that reveals the legal status of the property. It allows you to determine who it belongs to and what rights your property has. The land registry is quite common to the family of continental legal systems, although the registers of perpetual usufruct in different countries differ significantly.

The land registry is governed by several rules. The most important are ...

The Land and Mortgage Register consists of 4 sections which are: ...

Entries into the land and mortgage register are made by a judge or, more and more often, by the a court oficer, on the basis of submitted applications, exceptionally only ex officio.

Mortgage in Poland is a limited property right on immovable property (real estate) and on selected rights (proprietary cooperative rights to premises, mortgage secured receivable), securing debts resulting from a determined legal relationship where the creditor can claim property, with a priority over personal creditors of the real estate owner.

The mortgage may be established by a way of legal action or a court decision, or a decision of the relevant tax authority - Tax Office, ZUS, KRUS (also in the form of a non-delivered decision). 

Joint morgages in Poland is a mortgage that covers a number of properties in such a way that the creditor can claim his rights from any of the properties on its own behalf. The purpose of a joint mortgage is to facilitate and reduce the cost of securing a single claim on more than one or more properties. 

Mortgages generally expire upon the expiration of the secured claim, unless a future legal relationship can be ensured by subsequent collateralised receivables. If the claim is due and the creditor is in default, the mortgage will expire if the property owner deposits the secured amount in a court deposit, waiving the right to withdraw it at the same time. 

Cadastral parcel (geodesic, land plot) in Poland in the smallest unit of land division for the purpose of land and buildings register (real estate cadastre). According to the Land and Building Register Law, a land parcel is a continuous land area within a single boundary, legally homogeneous, separated from the environment by means of border lines. 

Land and buildings register in Poland is a geodesic public register of figures and descriptions of land, buildings and premises and data concerning owners of real estate (in the absence of data on owners, persons and organizational units that these properties hold) specified by Regulation of the Minister of Regional Development And Construction of 29 March 2001. 

Market value of real estate in Poland is an estimated value at the valuation date of the property for sale on market terms between the buyer and the seller, who have a firm intention to enter into an agreement, act discreetly and act prudently and is not in a forced situation. 

The estimation of property in Poland is an opinion on estate value and is an official document. It may only be made in writing. In the event of significant divergences in opinions on the value of the same real estate prepared by property valuers, the assessment of the correctness of these valuations is carried out by a professional organization of valuers.