Purchase of the land ownership by the perpetual usufructuary


Purchase of the land ownership by the perpetual usufructuary

From 31 August 2023 holders of the right of perpetual usufruct (“RPU”) of the developed land will be entitled to demand its acquisition on a basis of a sale agreement. This right is commonly referred to as transformation of the RPU into ownership.

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The demand must be submitted by 31 August 2024. After that date the owner will be entitled to reject the request of the RPU holder at its sole discretion.

The RPU holder cannot demand the land acquisition, in particular, if:

Θ the land is undeveloped,

Θ the RPU was established after 31 December 1997,

Θ the RPU holder has not satisfied the obligations included in the RPU agreement/decision.

The price depends on the percentage rate of the RPU annual fee. In case of the land owned by the State Treasury the price of the land usually amounts to 60% of the land market value (in case of one-off payment) or to 75% of the land market value (in case of payment in instalments). RPU holder will be obliged to additionally pay the difference between the price and the land value, subject to de minimis public aid regulations and the related limits.

The municipalities are entitled to set a way of the price calculation in resolutions adopted by the end of 2023 and the RPU Holder will be obliged to cover the discount (as described above), subject to the de minimis public aid limits.

In practice, purchase of a commercial land with a market value exceeding EUR 800,000 (or exceeding EUR 500,000 in case of one-off payment) by the RPU holder will be priced in amount equal to the market value of the land (without buildings) decreased by de minimis public aid cap which has not been consumed by the RPU holder during the last 3 years before the sale agreement execution (currently maximum EUR 200,000).

The land market value, in principle, will be established on a sale agreement date based on an appraisal ordered by the owner of the land, unless it is set for the RPU annual fee determination between 31 August 2022 and 31 August 2023.

The due amounts can be paid in annual instalments: up to 75% of the land value (i.e. the price) during a maximum period of 10 years and the remaining amount during a maximum period of 20 years. Such payments will be subject to the interests calculated based on the rate set in line with EU regulations for the loans granted as the public aid and they are secured with a mortgage.

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