Ladies and Gentlemen,
on April 9, 2020, the Senate received the Act on special support instruments in connection with the spread of the SARS-CoV-2 virus, adopted by the Sejm, amending many provisions of the already adopted so-called anti-crisis shield.
Below we present the most important changes provided for in the Act that concern real estate matters:
- A catalogue of cases has been introduced for which the commencement or running of deadlines is not suspended despite the state of epidemic threat or epidemic state in force.
- As a rule, it will not be required to obtain an occupancy permit before starting to use a building.
- During the period of the epidemic threat or epidemic state, no evictions from residential premises will be carried out.
- Poczta Polska has gained the right to electronic deliveries
- If an administrative office serving a public administration body performs tasks in a way that excludes direct service to interested parties, the party may obtain case files and documents by means of electronic communication.
- Easier installation of portable, free-standing antenna masts
- Possibility of paying the conversion fee later
- Possibility of paying the annual fee for perpetual usufruct later
According to the project, the annual fee for 2020 can be paid by 30 June 2020.
In addition, the Minister responsible for construction, planning and spatial development may, by way of a regulation, specify an even later deadline for payment of the fee, no later than 1 January 2021.
A rule was also introduced according to which all deadlines for payment of the above-mentioned amounts were automatically extended to the deadlines specified in the anti-crisis regulations.
At the same time, we note that the final wording of the Act is subject to change. Furthermore, due to ambiguities arising from the proposed provisions, each case will require individual assessment, for example, regarding the possibility of issuing a development decision without providing access to the administrative proceedings files to the parties, or the possibility of proceeding with the use of a building.
Our Real Estate Department will be happy to help you clarify any doubts you may have regarding your individual investments.
This material was prepared on the basis of the Act of 9 April 2020 on special support instruments in connection with the spread of the SARS-CoV-2 virus (version sent to the Senate of the Republic of Poland, print no. 101).
