5 December 2017
Appeal from increased annual fee for perpetual usufruct
Has your annual fee for perpetual usufruct been increased unexpectedly? There is no need to worry about it just yet. You can effectively protect yourself from such increase. You can do it within 30 days after you receive the annual fee increase notice. In order to do it you should file a motion to the appropriate Local Government Appeal Court in which you question the increased fee and state arguments against it.
We will provide you with comprehensive legal support during the actualisation proceeding - we will evaluate the effectiveness of the annual fee increase notice, verify the real estate appraisal report submitted by the authorities which is the basis for calculating the new fee, draw up a relevant motion to the Local Government Appeal Court as well as support and represent you at every stage of the actualisation proceeding.
We know from experience that questioning the increased fee brings many financial benefits. It’s worth remembering that a perpetual usufructuary pays the annual fee in the same amount as before until termination of the proceeding.
Bear in mind that there is an ongoing legislative process to transform perpetual usufruct into ownership right. According to the new regulations the transformation fee is to be the multiple of the current annual fee. The higher the annual fee is right now, the more you will pay for the transformation.
Key contacts
Jacek Łubecki
Partner
Attoreny at law
Agata Pawlak-Jaszczak
Wspólnik
Radca prawny
Hubert Norek
Partner
Attreney at law
