Overview
Perpetual usufruct is a specific legal title to land owned by the State Treasury or a local government authority. Although similar in many respects to ownership, it is governed by a separate statutory regime, particularly with regard to the designated purpose of use, duration of the right, termination rules, and the calculation and adjustment of the annual fee.
Our Law Firm provides comprehensive legal assistance in all matters relating to perpetual usufruct – from contractual amendments and negotiations to administrative and court proceedings.
Amendment of the Perpetual Usufruct Agreement
We advise and represent clients in matters involving:
• amendment of perpetual usufruct agreements,
• adjustment of contractual provisions to the current use of the property,
• extension of the term of perpetual usufruct,
• regulation of development and investment obligations,
• settlement of expenditures upon expiry or termination of the right.
We analyse the legal status of the property, prepare applications and draft amendments, and conduct negotiations with the public landowner.
Change of the Designated Purpose
A change in the manner of using the property often requires modification of the purpose specified in the agreement.
We represent clients in proceedings concerning:
• change of the designated use (e.g. industrial to residential or commercial),
• alignment with the local zoning plan or general development plan,
• negotiation of financial terms related to the change of purpose, including modification of the percentage rate of the annual fee.
We provide full legal support at every stage of the procedure.
Update of the Annual Fee
The public landowner may update the annual fee where the value of the property has changed.
Our services include:
• assessment of the validity and legality of the update notice,
• verification of valuation reports,
• preparation of applications to the competent authority and objections to the civil court via the Local Government Appeals Board,
• representation in administrative and civil court proceedings.
Our objective is to ensure that the updated fee reflects the actual market value of the property and protects our client’s financial interests.
Change of the Percentage Rate
The percentage rate of the annual fee depends on the purpose for which the property was granted.
We assist clients with:
• determination of the correct percentage rate,
• reduction of the rate due to a change in use,
• adjustment of the rate to current legal standards,
• challenging resolutions increasing the rate above statutory thresholds,
• disputes concerning improper application of the rate.
Representation is provided both in negotiations and in administrative and judicial proceedings.
Litigation and Dispute Resolution
We represent clients in disputes concerning:
• challenges to annual fee updates,
• determination of the correct amount and effective date of the fee,
• reimbursement of overpaid fees,
• settlement of expenditures incurred on the property,
• termination of perpetual usufruct and related financial settlements,
• compensation claims in cases of expropriation.
We conduct proceedings before administrative authorities, civil courts, and appellate courts at all levels.
Termination and Settlements
Perpetual usufruct may be terminated by agreement or through statutory procedures.
We advise on:
• legal grounds for termination,
• negotiation of termination terms,
• remuneration for buildings and structures erected on the land,
• settlement of investments and expenditures,
• compensation claims.
Our firm ensures full protection of the client’s proprietary and financial interests.
Why Work With Us
We combine expertise in real estate law, administrative law, and litigation. Each case is analysed individually with careful consideration of legal risks and economic consequences.
Our approach is strategic, practical, and focused on securing long-term legal certainty for our clients.
Please contact us to discuss your matter and determine the optimal legal strategy.