Iwona Kasperek: articles by this author

Party to building permit proceedings

An amendment to the Construction Law of 27 March 2003 that came into effect as of 11 July 2003 was intended to simplify building permit proceedings, and thus speed up investment projects. One of the ways in which this was to be done was reducing the number of entities that were parties to the proceedings. A party is entitled to take an active part in the proceedings, and can therefore file motions or appeals. This clearly prolongs the proceedings.

Change of the purpose of perpetual usufruct: Is it necessary to conclude an agreement and pay compensation?

Local governments and authorities representing the State Treasury accuse developers of planning projects or making other changes in the current manner of use of real estate inconsistent with the purpose for which perpetual usufruct was established. Then they offer the perpetual usufructuary an agreement changing the use of the property in exchange for compensation. Is there any justification for such actions?

Permit for location of a driveway as a condition for division of real estate

People applying for the division of real estate are often requested to supplement the application with a permit for location of a driveway, in order to prove the existence of direct access to a public road. But is the authority’s request legally justified?

Information about reprivatisation claims: Essential or optional?

Acquirers of real estate often apply to the administrative authorities for a certificate on assertion of reprivatisation claims. Does this practice serve any purpose?

Control of trading in agricultural real estate

The new Agricultural System Act of 5 August 2015 enters into force on 1 January 2016, superseding the act of 11 April 2003. Barring further amendments, from the New Year the Agricultural Property Agency will be vested with expanded pre-emptive rights and new rights to decide on whether agricultural establishments can be partitioned.

Acquisition of real estate by foreigners: Permits are still an issue

The limitations on acquisition of land by foreigners fell dramatically when Poland joined the EU, but acquisition of agricultural land still requires a permit and causes many practical problems.