Is it possible to acquire ownership rights to premises located in the resources of Communal Building Society (CBS)?

The advocates and attorneys of the Law Firm conducted an analysis and prepared a comprehensive legal opinion for the Client – Communal Building Society (‘CBS’), to assess the possibility of establishing by CBS separate ownership and sale of residential premises built with funds from a loan from the National Housing Fund granted by Bank Gospodarstwa Krajowego (‘BGK’), based on loan applications submitted by 30 September 2009.

The analysis concerned residential premises located in three buildings constructed between 2002 and 2005, using both funds from a loan granted by BGK and funds from participants, based on agreements concluded with CBS on participation in the costs of constructing residential premises.

The preparation of the opinion required not only an analysis of sample participation agreements concluded in individual years by CBS, but also a detailed analysis of numerous amendments to the provisions of the Act of 26 October 1995 on certain forms of support for housing construction and on amendments to certain acts (Journal of Laws 1995.133. 654, as amended) – [currently: the Act of 26 October 1995 on social forms of housing development (i.e. Journal of Laws of 2024, item 1440, as amended).]

A number of changes in the legal status concerning the rules for concluding participation agreements and the rules for settling participation or the possibility of acquiring ownership of premises by tenants who are also participants require an individual approach to each case analysed, which is why it is worth to seek legal assistance in this regard.