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Transformation of perpetual usufruct right also for entrepreneurs? - Jacek Kosiński

Transformation of the perpetual usufruct right to land used for residential purposes into its ownership right was one of the most important changes for the real estate market in recent years. Similar solutions are currently being prepared for entrepreneurs.

According to governmental assumptions, perpetual usufructuaries of land used for purposes other than housing would have an opportunity to acquire the right of ownership for a fee which would reflect the market value of the property.

This mechanism would apply mainly to land intended for business activities.

According to the project initiators, the necessity of changes in the current structure of the perpetual usufruct right results from entrepreneurs’ fear of long-term investment on perpetually used land.

These changes are to become one of the stages of extinguishing perpetual usufruct, ensuring a coherent system of payment for land owned by the State Treasury or local government units.

It also involves solving the problem of granting prohibited public aid resulting from the rules of disposal of perpetual usufruct real property, as specified in the Act on real estate management.