In today's article from the "Lawyer on the Farm" series, we will depart for a moment from the topic of expropriation to analyze the draft act on amending certain acts aimed at increasing the availability of land for housing construction (hereinafter referred to as the " Draft ") posted on the website of the Government Legislation Centre.
According to the Draft, within three months of the Act's entry into force, the KOWR would prepare a list of properties included in the Resource, designated in local spatial development plans for residential construction and not leased by the KOWR for a period of at least three years. The list would be published in the KOWR Public Information Bulletin and submitted to the minister responsible for construction, spatial planning and development, and housing. The list would include: (i) the property's designation according to the land and mortgage register and real estate cadastre, (ii) the property's area, (iii) a description of the property, (iv) the property's intended use and development method, (v) the lease term, (vi) in the case of real estate granted for perpetual usufruct – the development term and the purpose for which the perpetual usufruct was granted.
The minister responsible for construction, spatial planning and development and housing, with the consent of the minister responsible for agriculture, could designate real estate from the above list for the purposes of:
- The construction of a residential building with accompanying infrastructure on this property by the municipality, in which all the residential premises created would become part of the municipal housing stock, or
- Establishment of perpetual usufruct on this property by the commune in favour of:
- A social housing initiative or a municipal company for the purpose of implementing a project on this property consisting in the construction of a residential building in which all the created residential premises are intended for rent to natural persons meeting the conditions referred to in Article 7a of the Act of 8 December 2006 on financial support for certain housing projects or to the municipality with the right to further sublet them, or
- A housing cooperative for the purpose of constructing a residential building on that property, in which all the residential premises created will be intended for rent to natural persons who meet the conditions referred to in Article 7a of the Act of 8 December 2006 on financial support for certain housing projects or for whom a cooperative tenancy right to a residential premises is established, or
- A single-member municipal company for the purpose of carrying out a project on this property consisting in the construction of a residential building in which all the residential premises created are part of the municipal housing resources, or
- The sale of this real estate by the commune in the "premises for land" settlement within the meaning of the Act of 16 December 2020 on the sale of real estate with the "premises for land" settlement
The Minister's designation of a property is to serve as the basis for the free transfer of that property by the National Support Center for the Development of the Property to the municipality. This is to be done at the request of the commune head (mayor, city president) with jurisdiction over the property's location, who is to specify the purpose of the designation.
If the municipality fails to implement the project indicated in the application within five years of the date of transfer of the property, the KOWR will be entitled to seek restitution of the property or part thereof. If the project is not implemented on the property transferred to SIM, a municipal company, or a housing cooperative, the KOWR will be entitled to demand compensation from the municipality corresponding to the value of the transferred rights to the property.
Importantly, the Project assumes that no separate ownership of residential premises created as part of the above-mentioned projects implemented by the commune in the "premises for land" settlement will be established.
Similar changes are planned for the Act of December 16, 2016, on the Principles of State Property Management. Within three months of the Bill's entry into force, a state-owned legal entity that is a company will prepare a list of properties it owns or holds in perpetual usufruct, indicating which of them it uses for its primary business activity. This list will be published in the company's Public Information Bulletin (BIP) and submitted to the minister responsible for construction, spatial planning, development, and housing.
According to the Draft, the Act would enter into force 30 days after its publication in the Journal of Laws.
As we read in the justification for the Project, the aim of the proposed changes is to "unlock" land owned by State Treasury companies and land managed by the National Support Center (KOWR) for the purpose of implementing housing investments. As indicated in the justification, many lands with potential for residential development, located in attractive locations, currently remain in the resources of these entities, which do not utilize this potential for housing investments. As we read in the justification: "The essence of the proposed solutions is therefore to guarantee instruments enabling the transfer to the public resource of those properties that are objectively unnecessary to the designated entities from the perspective of their tasks, and at the same time demonstrate potential for residential development. This solution will also allow for the reclaiming and urbanization of often extensive areas in city centers and improving conditions for urban development. The proposal will therefore primarily apply to properties located near urbanized areas, including those owned by infrastructure companies (PKP, Poczta Polska, etc.) ."
Currently, the Project is in the review phase.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of January 28, 2026.
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