Who can be the owner of apartments in Poland

Who can be the owner of apartments in Poland

According to Polish legislation, apartments in Poland can be owned (owned) by individuals and legal entities (communes, State Treasury, enterprises (companies, departments), housing cooperatives, social housing societies.

According to Polish legislation, apartments in Poland can be owned (owned) by individuals and legal entities (communes, State Treasury, enterprises (companies, departments), housing cooperatives, social housing societies.

Dwellings owned by natural persons - Dwellings, the ownership title to which belongs to a natural person (one or more, e.g. spouses), while this person: - can be the owner of the whole real estate in which the dwelling is situated; for example an individual single family house, - can have a share in a shared real estate, as the right related to the separate ownership title to a dwelling, e.g. located in a building included in a condominium.

The ownership right to the entire real estate or only the dwelling with the assigned part of real estate (so-called share in a shared real estate) should be revealed in the land and mortgage register, and in case of lack of such, in other document certifying the ownership title.

Dwellings owned by a gmina

Dwellings - in buildings that are in whole owned by a gmina and individual dwellings owned by a gmina, but located in buildings constituting a shared real property, i.e. dwellings which serve meeting the needs of all inhabitants of a gmina; remaining in administration of a municipal organizational unit established in order to administrate municipal dwelling stock (e.g. Housing Management Enterprise/Institution, Municipal Housing Administration) or remaining in direct administration of a Community Office,

- owned by the State Treasury but administrated by a municipality,

- handed over to a gmina, but remaining at the disposal of public use units, such as: health care entities, social assistance organizational units, family support and foster care systems units, units of the education system, institutions of science and culture etc. serving mainly the housing needs of employees of such units. In statistical surveys, dwellings owned by gminas also include dwellings owned by powiats (local powiat self-government communities), but not being the property of any gmina, but remaining in administration of that municipality or a municipal organizational unit established in order to administrate dwelling stock.

Dwelling owned by the State Treasury

A dwelling which remains under management of entities administering the property of the State Treasury.

Dwellings:

1. remaining in the resources of the National Center for Agricultural Support,
2. remaining in the resources of the Military Housing Agency,
3. being under the management of ministries, the Internal Security Agency and Foreign Intelligence Agency
4. being under the management of state authority organs (e.g. Chancellery of the President of the Republic of Poland, Chancellery of the Sejm, Chancellery of the Senate, the Constitutional Tribunal, the Supreme Court), central government bodies (e.g. Chancellery of the Prime Minister, ministries, central offices, voivodeship offices) as well as state control organs (e.g., the Supreme Chamber of Control, the National Labour Inspectorate). Such data also include dwellings handed over by entities representing the State Treasury for use, lease or rental to diplomatic missions and consular offices of foreign countries.

Dwellings owned by companies

Dwellings in whole owned by a company.

Dwellings which are the property of:

- public enterprises, including State Forests and state organisational entities (with or without legal personality), e.g. public scientific and research institutes, public higher education institutions,

- utility enterprises, i.e. municipal transport, water supply and sewage management, waste management enterprises, excluding housing management enterprises,

- and also dwellings in buildings transferred into permanent administration of mentioned above units by the State Treasury or a municipality,

- private enterprises and other private organisational entities acting as companies or cooperatives, excluding housing cooperatives, irrespective of whether the dwellings are located in buildings which are entirely the property of a company or in buildings constituting a shared ownership (with housing condominiums), in which, besides dwellings which are the property of a company, there are dwellings which are the property of natural persons or other legal persons.

Dwellings owned by a company serve mostly the satisfaction of housing needs of employees of such a company.

Dwellings owned by housing cooperatives

Dwellings in buildings which are the property or joint property of housing cooperatives, excluding dwellings for which, on the grounds of the Act of December 15, 2000 on housing cooperatives, a separate ownership title was established, for the benefit of one or more natural persons.

Housing cooperative - is a voluntary and self-governing association of members, conducting economic activity aiming at satisfying the housing needs of its members and their families, by providing structurally separate dwellings or single - family houses as well as premises designated for other use to the members. Two types of rights can be distinguished: - a cooperative tenant's right to a dwelling, a cooperative ownership right to a dwelling.

Source: Act of 15 December 2000 on Housing Cooperatives; Act of 16 September 1982, the Cooperative Law

Dwellings owned by public building societies

Dwellings in buildings being the property of legal entities having in their names "public building society" or the Polish abbreviation "TBS" irrespective of participation in costs of constructing the building by another entity (a gmina, a housing cooperative, a company) in return for receiving the dwellings (on rental terms) for third parties indicated by such an entity.

Public building societies were erected in accordance the Act of 26 October 1995 on Certain Forms of Supporting Housing Construction.