All the force from April 30 provisions that have protect forests from uncontrolled buyout . As it turns out, already has affected the real estate market. Selling houses, which belongs even a patch of forest land, resign from the transaction. They are afraid that their assets will take over for becen State Forests .
The new regulations give LP the right to first refusal of private property, which include – at least in small part – use forest. Reasons to have a particular concern in this regard, among others, owners of land located on the outskirts of Warsaw . Plots in such places as Konstancin, Magdalenka whether Izabelin are located because forested areas.
– just that the property (including built-up area), or part of it is in land records marked as forest and its disposal shall be governed by pre-emption – there is no doubt lawyer Dr. New Year’s Eve Gardocki , managing partner at the law firm Gardocki and Partners Advocates and Legal Advisers. And he adds that in this case it is only possible to draw up a conditional sale agreement, to inform the notary of the transaction proper superintendent and waiting for the decision of the State Forests.
– emption will be entitled also in the case of real estate for plans for service development, commercial and residential, as long as any part of it has been classified as forest – explains the lawyer Maciej Gorski from the Institute for the Study of Law, Real Estate.
maybe the problem would not be so big if odkupywały Forest land and located on one building at a price specified in the sales contract. But under the new rules forester will be able to rely on to determine the value of real estate appraisers. And if it turns out that the price at which they agreed contractors will exceed that of valuation, it will perform its determination to the court.
The law has been written quickly and there is a problem. Not easy to sell a house on a plot of trees. READ MORE & gt; & gt; & gt;
– This solution means in practice blockade of real estate in many villages located in forest areas, including those near Warsaw. Seller will be afraid to proceed with the sale if they know that the court may determine for them the sale price – says Danuta Kwiatkowska from the agency Kampinos Real Estate.
I gives an example of providing that the problem is not just theoretical. One of her clients just withdrew from the transaction. Reason: heard of a notary, he can not enter into a final sale agreement.
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