Egzekwowanie terminów realizacji inwestycji – dodatkowe opłaty roczne jako sankcja dyscyplinująca użytkowników wieczystych
Execution of Investments’ Implementation Deadlines – Additional Annual Fees as a Disciplinary Sanction for Perpetual Usufruct Right Holders
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The article describes the system interpretation of the regulations related to the extension of deadlines for building development, setting an additional deadline and cancelation of contracts for perpetual usufruct, taking into account the objective of each of these regulations and the context of mutual relations among them. According to this interpretation, if the deadline for land development is missed, sanctions do not have to be automatically imposed. Perpetual usufruct right holders are allowed to apply for deadline prolongation, and to prove that the deadline could not have been met due to reasons beyond their control. If the application is rejected, which implies that the deadline was not met due to their own fault, the competent body cannot refrain from imposing one of the sanctions set forth in the act. Then, the competent body has to decide whether to impose an additional annual fee, or to cancel the perpetual usufruct contract.
Publication order reference