Your flexible friend

The Ministry of Justice is working on introducing a new institution into Polish civil law: a land development right which, if enacted, should lead to greater flexibility on the real estate market and a widening of investment possibilities. Legal experts from BSJP Taylor Wessing provide a short overview of the anticipated legal innovations Dr Katarzyna Domańska-Mołdawapartner, adwokatThe land development right would make it possible to establish a temporary (from 30 up to 100 years) encumbrance on land with the right to build or use already existing buildings or other facilities located on or under (but not over) the surface of the land. Such a solution resembles the right of perpetual usufruct; however, unlike with a perpetual usufruct, the land development right can also be granted for land owned by private entities, and not solely by the State Treasury, local authorities o