Publication date: 09.06.2024
Registration of a share in Poland: legal aspects and features of the process
In light of the growing attractiveness of the Polish real estate market for foreign investors, the topic of registering a share in Poland is of particular relevance. The process of registration and registration of ownership of real estate in Poland has its own nuances, and in this article we will look at the main aspects that you should pay attention to.
First of all, it is worth noting that the term “share” in Polish law usually refers to a share in a cooperative apartment or house. Registering a share is a key step in acquiring full ownership of such real estate.
The process of registering a share in Poland begins with a thorough inspection of the property. This includes studying the documentation for the apartment, the history of its owners, the presence of encumbrances, debts for utilities, etc. Inspection is critical because it helps avoid problems associated with illegal alterations, additions or extensions.
If the inspection reveals changes in the layout of the apartment or house, then the next step should be to legalize the redevelopment. This is a procedure that involves obtaining all necessary permits and documents to legalize changes in the design or planning of a property.
Registration of redevelopment is an important step, since illegal changes can become a serious obstacle when registering a share. In some cases, illegal redevelopment can lead to refusal of registration or even administrative or criminal liability.
Similar procedures apply to the legalization of an extension or superstructure. If the area of an apartment or house has been increased without proper permits, then registration of the superstructure or extension becomes necessary for the subsequent registration of the share. This may include obtaining approvals from relevant authorities, changes to technical documentation and other legal procedures.
After completing all the necessary procedures for legalization and registration of changes in the property, the next step is to register the share. In Poland, this process is carried out in the relevant cooperative and in the district court (Polish: sąd rejonowy).
The process of registering a share usually involves filing an application with the district court, along with the necessary documents confirming ownership of the share. This may include a share purchase agreement, documents confirming the absence of debts to the cooperative, as well as all documents relating to the legalization of possible changes in planning or design.
It should be noted that Polish legislation also provides for the possibility of acquiring ownership by acquisitive prescription. This applies to cases where a person has owned real estate in good faith, openly and continuously as his own for 20 years. In this case, she can go to court to recognize ownership. However, this mechanism is rarely used in cases of cooperative apartments.
It is also important to understand that the process of registering a share and registering real estate in Poland can be complex and lengthy, especially for foreigners. Language barriers and unfamiliarity with local laws and procedures can significantly complicate the process. Therefore, hiring a qualified Polish lawyer is almost a necessity.
The cost of a lawyer’s services in a criminal case or on issues of registering real estate in Poland may vary depending on the complexity of the case, the reputation of the lawyer and the region. However, despite the cost, professional legal assistance is an investment in the safety and legality of purchasing real estate.
Separately, it should be noted that although this article focuses on the registration of a share and related procedures, the context of criminal liability is also relevant. For example, if a person buys an apartment that had illegal drugs in it, or if the previous owner used the apartment to manufacture drugs, this could result in criminal liability even for the new owner.
In such cases, the role of a criminal defense lawyer is critical. He should not only help with registering a share and registering real estate, but also protect the client from possible criminal charges. This may include proving the client's ignorance of prior illegal use of the property, gathering evidence of his innocence, and ensuring that all due process rights are met.
In the context of drug crimes, it should be noted that they are not considered as serious as murder, rape or robbery. However, the penalties for them can be quite severe, especially if they involve large volumes of drugs or organized criminal activity.
Consequently, the process of registering a share in Poland includes not only the preparation of documents for real estate, but also a thorough check of the history of the property, including possible changes to the planing or design. If such changes are detected, it becomes necessary to legitimize and formalize them.
At the same time, the lawyer must be prepared to defend the client's rights in the event of any criminal charges, including those related to drugs. This requires an in-depth knowledge of criminal law, procedural rules and practical experience in conducting criminal cases.
As a result, registering a share in Poland and related legal procedures require a professional approach. Hiring a qualified lawyer knowledgeable in both real estate and criminal law is the key to a successful and legal acquisition of real estate in Poland, as well as protection against possible criminal risks.
