On 15 March 2022, Resolution No. LX/1967/2022 of the Council of the Capital City of Warsaw of 17 February 2022 concerning the designation of a degraded area and a revitalisation area in Warsaw (hereinafter: ‘Revitalisation Resolution’ or ‘Resolution’) entered into force.
In practice, the capital city of Warsaw was granted a pre-emptive right to purchase all properties located in the area delimited by the Resolution, i.e. almost all of Praga Północ and significant areas of Praga Południe and Targówek (par. 2 of the Resolution). The exact area determined by the Resolution is illustrated in the appendix in the form of a map to the Resolution (hereinafter: ‘Appendix’). Moreover, in the revitalisation area covered by the Resolution, it is also prohibited to issue decisions on conditions for residential development on properties with other uses than residential areas.
Revitalisation of urban space is a complex process on the real estate market consisting mainly in revitalisation of degraded areas and is the Municipality’s task. The legal basis for the adopted Resolution is the Act of 9 October 2015 on revitalisation (Journal of Laws 2015, item 1777) (hereinafter: the ‘Act’) in connection with the Act of 21 August 1997 on real estate management (Journal of Laws 1997 No. 115 item 741).
The pre-emptive right reserved in the Revitalisation Resolution does not apply to the sale of the perpetual usufruct right to real estate located in the revitalisation area.
The institution of the above-described right of pre-emption reserves a two-stage construction of the notarial action for a proper transaction in the form of a notarial deed: (i) conditional sale agreement and (ii) promised agreement.
3 October 2023
