Real estate lost in the reprivatization scandal can be recovered. And many years later

The case is reported by “Rzeczpospolita”, which analyzed the decision of the seven-member panel of the Supreme Administrative Court (reference number: I OPS 3/22). It concerned the land in Warsaw, which was soon confiscated from its owners second World War (Based on the resolution of 1945

In the 1990s, the successors of the former owners started the process of returning the plot, which was finally successful. In 2009, the mayor of Warsaw, among others, announced: on their behalf, about the institution Lifetime usufruct rights. The city also gave them a residential building with municipal tenants and 21 apartments.

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The building required expensive repairs, so the new owners sold the property. In 2013, the company bought it for PLN 5 million General repairs have begun. Then established separate ownership of the building and sold it on the open market, A Municipal tenants had to relocate.

The said property was targeted by the Reprivatization Commission in 2017. The commission not only canceled the 2019 reprivatization decision, but also refused to establish the right of usufruct. “In other words, it “reversed” the effects of the heirs returning the property“- writes “Rz”.

The newspaper reports that the commission's decision was overturned by the Warsaw Provincial Administrative Court, but the commission appealed the unfavorable decision. Therefore, the Supreme Administrative Court decided that a ruling on this issue was necessary, as it wanted to clarify whether the Commission's decisions could be enforced on reprivatizations completed before the commencement of the action.

The NSA finally decided that Reprivatization can also be canceled before the commission begins its work. However, it noted that it would not address the effect of the annulment decision, which would result in compensation being imposed on the owners. He also noted that the social evaluation of reprivatization in Warsaw was negative and the decisions taken on this issue were evaluated as a violation of public and private interests.

Dr. Tomasz Ludwik Krawczyk, lawyer, partner at GKR Legal, in an interview with “Rz” notes that In this case, the situation of the people who have already bought apartments in the said residential building is unclear. – What's worse, there are no regulations that guarantee this in such a case compensation – sums up the expert.