Legal department

The Warsaw real property market is a specific market in terms of the ownership structure. As a result of many circumstances, at present, the State Treasury has the largest share (34%) in the real property ownership structure in Warsaw. The second major owner of properties is the Municipality – Capital City of Warsaw (23%). In aggregate the “public” ownership accounts for 57%. Private ownership accounts for only 43% of the area of the City of Warsaw.

Obviously, a very large part of the land owned by both the City and the State Treasury is developed, in the form of roads, parks, public squares, and public amenities. Only 15% of the “public” land is held in perpetual usufruct. The remaining area, gradually released from the „public” resources, is still awaiting permanent development.

The availability of the land that can be transferred for perpetual usufruct or sold is in fact limited because most of these plots of land are encumbered with claims based on the Decree dated October 26, 1945 on the Ownership and Use of Land in the Area of the Capital City of Warsaw. The second legal act forming the basis for such claims is the Executive Regulation of the Minister of Reconstruction dated April 7, 1946 on the Acquisition of Land by the Municipality - Capital City of Warsaw.

Our company has been involved in a number of cases related to that Decree representing the heirs of individual owners. Therefore, we are familiar with the real property issues in Warsaw.

Quite often real properties held by entities other than the State Treasury and the City of Warsaw, accounting for 43% of the area of Warsaw, also require regulation of the legal status. This especially refers to the properties belonging to state enterprises, other public legal persons, housing cooperatives and labor cooperatives.

Among the most distinctive achievements within that scope we should mention:

  • the regulation of legal status and preparation for sale of ca. 300 properties located in Warsaw, held by Agricultural Property Agency, State Treasury, and Military Residential Agency.
  • the regulation of legal status an participation in the privatization as an advisor to the then Warsaw Province Governor operating in one team with BMF – with respect to the privatization of „Cementownia Warszawa”(10 hectares)
  • the regulation of legal status of the housing cooperatives, including „Służew nad Dolinką” (40 hectares) and properties owned by the Housing Cooperatives S.M. „Mokotów”, S.M. „Ursynów”, and S.M. „Wyżyny”.
  • the regulation of legal status of the real property of P.W.E. „Pewex”
  • the regulation of legal status of the real property of the State Cinematographic Institution „MAX-FILM”
  • the regulation of legal status of the real property for a number of labor cooperatives such as Stołeczne Przedsiębiorstwo Usług „Redom”, Spółdzielnia Inwalidów „Metalincar” and many others.
  • the regulation of legal status of the real property of „Mokpol” Cooperative
  • the regulation of legal status of the real property of Military Graphical Plant (Wojskowe Zakłady Graficzne)
  • many properties owned by individuals.