Investor status in the disposal of real estate from the municipal property resource under the “premises for land” settlement scheme

Abstract

In the paper, a critical analysis is carried out of the current regulation under the Act of 16 December 2020 on the disposal of real estate with “premises-for-land” settlement (hereinafter u.l.z.g.) with regard to the status of an investor and the obligations imposed on it. First of all, the interpretation doubts related to the legal definitions of investor and investment indicated in the u.l.z.g. are pointed out and an attempt is made to demonstrate their inadequacy to the subject matter regulated by this Act. On this basis an attempt has been made to characterise the subjective and objective scope of the act, focusing on who may have the status of an investor and what legal and factual actions must be taken by such an entity in order to avoid, for example, payment of the regulatory fine regulated in Article 11 of the u.l.z.g. The problem of the relationship between the notion of investor and the owner of premises and buildings presented for the settlement of the purchase price of communal real estate is then addressed. This section seeks to answer the question at what stage of the tender procedure the investor must be the owner of the properties presented for settlement. The considerations conclude with remarks on the formal issues related to the submission of an offer as the basic act enabling participation in this mode of municipal real estate disposal. The problem of the acceptable form and grounds for rejection of a bid by the tender organiser is addressed here. A dogmatic method was used in the legal analyses.