Public law regulations of the real estate market 2200-1S314
1. Genesis and axiological grounds of public law interference in real estate trade,
2. Property transformation in relation to real estate in the era of political transformation: improperisation of state legal persons, communalisation, privatization and reprivatization
3. Scope and normative basis of regulation regarding public real estate resources:
- Real Estate Management Act,
- Act on the Management of Agricultural Property of the State Treasury,
- the Act on the National Property Assets,
- the Act on the accommodation of the Armed Forces of the Republic of Poland,
- the Military Property Agency Act,
- the Forest Act,
- other (including road and railway real estate, real estate under flowing waters),
4. The concept of managing the real property assets,
5. Entities managing public real estate resources: starosts, KOWR, KZN and others.
6. Legal concept of trust on the example of KOWR
7. Forms of public property management (sale, perpetual usufruct, tenders for the sale of real estate, sale of public real estate in a non-tender mode, rental, etc.)
8. The concept and legal structure of permanent management (trwały zarząd)
9. Records and property registers; sources of information about real estate - land and mortgage registers, collections of documents and records of land and buildings (real estate cadastre) - their function, organization and system. Other sources of information on real estate and auxiliary tools (public digital resources); (i) determination of the legal status of real estate - construction, operation and function of land and mortgage registers, basis of land registration proceedings, (ii) determination of real estate - land and building register - construction, rules of conduct and function, (iii) relations between land and mortgage registers and land registers , (iv) decisions regarding the possibilities of real estate development - acts of spatial planning (study of conditions and directions of spatial development, local spatial development plan, decisions on development conditions and spatial development (planning permits - WZ, LICP), special decisions.
10. The concept of real estate management - the scope of regulation of the Real Estate Management Act and other regulatory areas creating a special legal regime relating to real estate - for example, the Act on Spatial Planning and Development, Construction Law, Environmental Protection Law, the Act on Nature Conservation, Act on the Protection of Lands agricultural and forestry, the act on shaping the agricultural system, the act on the acquisition of real estate by foreigners, the act on the protection of monuments and the care of monuments, etc.
11. Execution of rights to real estate: (i) the concept of division of real estate (geodetic division, legal division), division quoad usum, (ii) legal basis and proceedings regarding division of real estate (land, building, premises, agricultural), (iii) proceedings on the consolidation and division of real estate, (iv) delimitation of real estate, (v) resumption of borders, (vi) neighbor's law.
12. Expropriation and return of expropriated real estate; the concept of expropriation, discussion of the concept of public purpose, rules of expropriation proceedings, participants in the proceedings, negotiation proceedings, forced proceedings. Rules for determining compensation for expropriated real estate; the conditions for the return of the expropriated property and entities entitled to demand reimbursement and the rules of settlements in this respect. Expropriation of real estate in connection with the construction of public roads (regulatory scope of the Act on special rules for the preparation and implementation of investments in the field of public roads) and selected other public purpose investments based on the dedicated/specific regulations (specustawy). Limitation of ownership for the purpose of building technical infrastructure and other (eg recognition of mineral deposits, in connection with natural disasters, resulting from spatial planning, neighborhood relations, regulations regarding nature protection and environmental protection). Property dispossession
13. Acquiring real estates by foreigners,
14. The concept of spatial planning; genesis of contemporary spatial planning regulations; a system of sources of law regarding planning and spatial development; normative spatial planning model in Poland (spatial planning in the national, regional and local dimension); principles of spatial planning; spatial planning and property ownership; the role of spatial planning in real estate management; spatial planning entities; the concept of a study of conditions and directions of spatial development; the concept and legal nature of the local spatial development plan; the procedure of adopting a local plan and the effects of its adoption; the concept of planning rent; normative grounds for the development of real estate located in areas not covered by a master plan - the concept of a decision on building conditions and on the location of a public purpose investment
Type of course
Mode
Prerequisites (description)
Course coordinators
Learning outcomes
1. Knowledge of the sources of law in the field of real estate trading.
2. Ability to define basic and specific real estate law institutions.
3. Ability to reconstruct and apply legal norms related to real estate trading, as well as formulate own conclusions and opinions based on the acquired knowledge.
4. After completing the course the student:
- analyzes legal regulations related to the real estate market
- recognizes the problems of the real estate market
- explains the concepts appropriate to the real estate market.
Assessment criteria
continuous assessment (current preparation for classes and activity), attendance check, student's choice: oral exam, essay, presentation during classes on the agreed subject
Bibliography
P. Czechowski, Prawo rolne, Warszawa 2019.
P. Czechowski (red.), Ustawa o gospodarce nieruchomościami. Komentarz, Warszawa 2017.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: