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What's your opinion on cooperative ownership (spoldzielcze wlasnosciowe prawo) when buying a flat?


ska  9 | 14
11 Nov 2021   #1
Hello!

I am interested in buying a flat -- so I've been searching. I found one that's interesting for me. However, I found out that it's not a typical ownership (at least to me) -- the owner/seller told me the flat is "cooperative ownership (spoldzielcze wlasnosciowe prawo)". I've read about this (see two articles below), although I had to use Google translate. Essentially, it sounds legal and legit, however this comes without a land register, thus I do not own any portion of a land that this building sits on.

bankier.pl/smart/spoldzielcze-wlasnosciowe-prawo-do-lokalu-czym-jest
studiaiuridica.pl/resources/html/article/details?id=188843&language=pl

What is a practical implication of this?
From a theoretical perspective, a typical ownership (which comes with a land register) seems better and worth more than cooperative ownership (spoldzielcze wlasnosciowe prawo). However, is that true in practice? Should not owning a land result in this type of flats being priced much cheaper -- then by what margin? Will it be harder to sell it in the distant future? Perhaps, polish people do not consider these different types of ownership to be significant? And should I walk away from this type of deals (which is by far a minority of all flats in a secondary market)?

I would like to hear opinions of those who have lived and purchased flats in Poland.
Tlum  12 | 259
25 Jul 2024   #2
I think the ownership type is not a problem, but make sure they don't want you pay for heating all year long and watch out for other fees. It's similar to an apartment managed by an association. There are a lot of such flats in Poland and overall it makes sense to buy as long as you're aware of these fees.


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