New law for housing communities. They will gain legal capacity

Housing communities will gain legal capacity, and real estate designed as collective housing buildings, including: the so-called aparthotels will not be able to be divided into independent apartments – the draft law on the ownership of premises provides.

As indicated in the justification for the project posted on the website of the Government Legislation Center, the planned change is intended to clearly define the subjectivity of the housing community and provide it with legal capacity. “Related to this is the right of the community to have its own property. (…) In practice, this property consists of cash in bank accounts from advances paid by the owners of the premises and income from the common property as well as rights arising from contracts concluded by it; theoretically, also ownership of the property acquired with the consent of the owners,” said the Ministry of Development and Technology, the author of the project.

The project introduces the possibility for the community to pursue warranty claims in connection with defects in common property. In the opinion of the Ministry of Development, this will limit cases where each owner of the premises independently pursues warranty claims, which in practice has a destructive impact on the technical condition of the building.

According to the design, the properties are designed as collective housing buildings, including: the so-called aparthotels will not be able to be divided into independent apartments. The proposal of the Ministry of Energy and Technology excludes the possibility of considering rooms or residential units located in collective housing buildings as independent premises.

In its justification, the Ministry of Tourism and Technology indicated that there are currently no clear regulations prohibiting the separation of premises in buildings designed as collective housing buildings, including: in aparthotels – “even though they cannot be premises in accordance with the decision on the building permit and the occupancy permit.”

“The above will exclude the possibility of constructing structures classified as collective housing buildings, which in fact serve as residential buildings; it will thus prevent circumvention of the spatial development regulations adopted in the local plan for a given area, as well as the over-interpretation by investors of the provisions of the Act on the ownership of premises regarding the issuance of certificates of independence of the premises, at the same time providing the administrative authorities with a legal basis for rejecting such an application,” the Ministry of Energy and Technology indicated in the assessment of the effects of the regulation.

An exception to this prohibition is provided for apartments that meet the requirements for residential and commercial premises in the technical and construction regulations issued to the Construction Law of July 1994 and the requirements specified in the resolution of the commune council specifying the rules for separating premises in collective housing buildings in its area. (PAP)

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