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Transfer of a planning permission in Poland


English

2013-09-04

If a buyer purchased a plot with a valid planning permission, or with ongoing construction works, it is possible to transfer the planning permission title to him.

 

Transfer of a planning permission

If you are interested in a plot with a planning permission already issued, or the one where the construction works have started, you need to know that, first and foremost, you can purchase it and have the planning permission title transferred to you. It actually makes the whole building process a lot easier, as you don’t have to deal with all formalities connected with the issuance of the permission.

 

It may be transferred at any time, no matter the advancement of the construction works. In practice, it means that the permission rights may be transferred when the actual construction works haven’t started yet, or when the building is already finished, but before it is put to operation.

 

Who the buyer is (natural person, company or partnership), and the type of building constructed is also unimportant. The only important thing is that the decision on the planning permission is final and valid. In accordance with the polish law, the decision on the planning permission expires if the construction works have not been started within three years from the date on which the decision became final, or if the construction works have been stopped for more than three years.

 

Requirements to be met for the permission transfer

Polish Building Law defines only three conditions to be met in order to perform a planning permission transfer:

 

1) consent of the previous investor for the transfer of the decision to a third party made in writing;

2) declaration of the new investor to accept all the conditions included in the existing planning permission;

3) statement of right to dispose of the real property for the construction purposes.

 

The requirement of the written consent of a previous investor is understandable, as nobody can be made to transfer the planning permission to a third party, and the law does not provide any means of persuasion for it. That is why the parties should agree on the matter in the sales agreement. Then, the buyer will include the notary deed to his application for the transfer of the permission. If the consent was granted later (or is not provided in the sales agreement), the buyer has to include the consent statement of the previous investor to the application.

 

Another important document is the declaration of the new investor to accept all the conditions provided for in the planning permission. In practice, it means that the new investor will be bound by all the provisions of the planning permission decision as well as the construction plans. As a result, the construction works shell be continued on the basis of the building permit design chosen by the previous investor and accepted by the body issuing the planning permission.

 

You have to remember about this when you are making the decision on the purchase. All changes in the design are possible only after obtaining the decision on the change of the decision on planning permission.

 

The last indispensible document is a statement of right to dispose of the real property for the construction purposes of the new investor. This title may result from:

 

• ownership rights of a Management Board;

• perpetual usufruct;

• a limited property right;

• relation of obligation, which includes the qualifications to perform construction works.

 

Formalities

The planning permission transfer is made on the basis of a submitted application, which should include:

 

• identity data of the investor who obtained the planning permission decision, and of the investor whom it is about to be transferred to;

• number and date of the planning permission;

• information concerning the investment (address, plot number, geodetic district, type of investment).

 

The aforementioned documents should be attached to the application. Stamp duty for this application is 18.5 GDP (90 PLN), but is not payable when the decision on planning permission is issued for housing construction works, which is stamp-duty-free.

 

Planning permission transfer to the new investor takes form of a decision issued by the Staroste. The parties may appeal form a decision within 14 days of its delivery to the competent Voivode. It is also worth mentioning, that the decisive body cannot deny the permission transfer, if all the aforementioned conditions are met.

 

Jakub Jastrzębski

 


Source:

Act on Building Law of July 7, 1994 (Journal of Laws of 2010 No. 243, item. 1623 as amended)

 

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