Apartment with a garden in Poland

An apartment on the ground floor in an apartment building with its own garden (plot of land) is comfort and an opportunity to relax in the summer on “your own” piece of greenery. Such apartments are very popular in large cities. Some of the greenery is intended to compensate for the absence of a house and provide a replacement for it. The garden also replaces the balcony or loggia. A garden that you can access directly from your apartment greatly increases the comfort and functionality of the property. The land can be used in different ways - as a place to relax, store things or grow vegetables.

An apartment on the ground floor in an apartment building with its own garden (plot of land) is comfort and an opportunity to relax in the summer on “your own” piece of greenery. Such apartments are very popular in large cities. Some of the greenery is intended to compensate for the absence of a house and provide a replacement for it. The garden also replaces the balcony or loggia. A garden that you can access directly from your apartment greatly increases the comfort and functionality of the property. The land can be used in different ways - as a place to relax, store things or grow vegetables.

Rights to the site

However, owning a garden does not always mean ownership of such a plot for the person who bought the apartment. If things were different - which rarely happens - the price for a freehold apartment and freehold land would have to be much higher.

In order for the plot to become your property, your plot of land would have to have its own Land Register and the developer would simply have to sell this land to you, like he sold an apartment. In such a situation, after signing the notarial deed, the garden became completely yours.

Quotad usum agreement

So that legally the owners of apartments with a garden can use them, developers most often sign so-called quoad usum agreements with clients, that is, on the division of property for use.

A quoad usum agreement allows a common portion to be divided so as to designate its individual portions and “convey” it for the use of individual owners. This is regulated by the Civil Code, Article 206.

The agreement specifies who can use the part. The remaining apartment owners are obliged to respect the exclusive right to use a certain plot of land by one of them.

What is very important is that the distribution of common property for use specified in the quoad usum agreement must be disclosed in the Land Register of this property.

The agreement should also define the basic rules for land use and guaranteed access in the event of, for example, maintenance of the electrical system, etc.

Sale of an apartment with a garden

A person who sells a garden apartment automatically transfers to the new owner the right of exclusive use under a quoad usum agreement, i.e. the exclusive use of a designated area of the common area.

Conclusion

A garden at the exclusive disposal of the apartment owner certainly means convenience and increases the attractiveness of the property in the event of its sale.

When preparing this article, materials from the website bankier.pl were used