Municipalities complain about the amount of work involved in issuing certificates on the transformation of the perpetual usufruct right into ownership – public officers also have problems with interpretation, not only unclear, but also at short intervals of twice revised regulations – writes Dorota Kaczyńska in the Self Government and Administration Magazine published by Infor.
One of the experts who speak is attorney Artur Zawolski.
“Unclear regulations and procedures
As Artur Zawolski, a partner and legal advisor at MKZ Partnerzy Michalak Kosicka Zawołski and Partners Legal Advisors points out in one of the Warsaw resolutions regarding the transformation of December 13, 2018, there was an information that the discount can be granted to natural persons – owners of single-family houses, flats or housing cooperatives, if they meet their obligations to the Capital City of Warsaw due to property tax, perpetual usufruct fees, annual transformation fee and municipal waste management fees.
– This resolution has been repealed; however we are not sure whether this rule will not be applied anyway. There is information on the Warsaw office’s website that the president can grant a discount, so the fact whether he will grant it is not decided – explains Artur Zawolski. In addition, sometimes the amount of debt may be minimal and results not from the mens rea of the property owner, but a mistake, sometimes made by the office. – Changes in this act, especially in relations between residents and local government, are needed, because imprecise regulations raised doubts as to specific situations to be solved, not only among former perpetual users, but also throw up officials’ hands – says Artur Zawolski”.