Applicable Law

1.    Is condominium possible? Describe condominium in your system (EU Adapt project)

Yes. The subject of separate ownership of the premises may be a separate premises. The establishment of separate ownership of the premises, the rights and obligations of the owners of these premises and the management of the common real estate are governed by the provisions of the Act of 24 June 1994 on the ownership of premises (Journal of Laws of 2021, item 1048).

Separate ownership means that the property is an object of ownership separate from the land and the building. However, it cannot exist on its own, as it is associated with the rights to co-ownership of a part of the building and the right to land under the building, as well as other devices that are not for the exclusive use of the owners of the premises. Separate ownership is the most complete right to real estate. Contrary to the cooperative ownership right to the premises, where you are only entitled to own a given flat or other premises, in the case of its separate ownership, you are the real owner of the premises along with the rights related to it: the right to land under the building and any part of the building and devices that are not for the exclusive use of individual owners of the premises.

2.    In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.

Yes, we have an arrangement which broadly follows that description. It is called Odrębna własność lokalu – separate ownership of premises.

Condominium = a unit owned by individuals who also jointly own common parts of the property, such as the grounds and building structure.

Defined in art.2.2 the Condominium Units Act of June 1994

3.    If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.

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4.    In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?

Polish Civil Code
The Condominium Units Act of June 1994
Act of 6 July 1982 on Land and Mortgage Registers and on Mortgage

(If possible, provide some means to access the content of the applicable law, either through a link or adding annexes with this legislation, better in English)

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