There are almost 5,000 in Poland. Family Allotment Gardens with a total area of over 40,000. hectares. Most allotment gardens are located in cities, which increases the value of these areas. No wonder that the issue of transferring ownership of these plots to their users comes up from time to time.
- According to the Ministry of Energy and Technology, the legislator in Art. 28 section 6 of the ROD Act sufficiently secured the interests of allotment holders leasing plots on land given to garden associations for perpetual usufruct. Pursuant to this provision, the provisions on the protection of property shall apply accordingly to the protection of the right to lease plots
- As we read in the response to parliamentary question no. 1441, the Ministry of Development and Technology does not plan to take any action aimed at enfranchising allotment holders on land granted for perpetual usufruct to garden associations for the purpose of establishing and running family allotment gardens.
- The Ministry does not plan to undertake legislative work aimed at enfranchising users of family allotment gardens. The idea of family allotment gardening manifests itself in meeting the social, leisure and recreational needs of society.
Sebastian Kaleta, PIS MP, asked the Ministry of Energy and Technology to determine whether the current government has any plans regarding the future of plots used on the basis of perpetual usufruct, in particular regarding the process of enfranchisement of allotment holders?
The question is not entirely unfounded in connection with the legislative changes implemented in recent years, in particular the liquidation of the institution of perpetual usufruct, which has caused dark clouds to gather over the users of allotment gardens.
The problem of allotment owners is still unresolved, or rather, the legal status of real estate in family allotment gardens is regulated. Given that allotment areas are becoming an increasingly attractive target for many developers who would buy them for construction investments.
In the background, of course, there are city officials and local government politicians who probably see great financial potential in allotment gardens. The funds from the sale of these areas could increase city budgets.
That is why regulating the legal status of allotment areas raises so many emotions and social controversies.
Let us also remember that the local government elections are approaching. The issue of enfranchisement and expropriation of allotment holders in urban areas is starting to become more prominent in the campaigns of candidates for local government institutions.
The allotment areas are not intended to meet residential needs
In fact, the entire response of the Secretary of State of the Ministry of Energy and Technology is based around this statement, rejecting the need to enfranchise allotment areas and transfer family allotment gardens to users.
This also applies to current users and not only to potential buyers or investors who would like to use these plots of land for e.g. construction investments.
It should also be emphasized that not only in the intention of the legislator of the ROD Act, but also in previous legal regulations, allotment gardens constitute an organized whole and cannot be perceived as a group of fully independent, individual properties serving to meet the living or income needs of allotment gardeners – emphasized Krzysztof Kukucki, secretary state of the Ministry of Energy and Technology.
Pursuant to Art. 2 point 2 of the ROD Act, a plot is defined as the basic spatial unit of a family allotment garden, the area of which cannot exceed 500 m2.2serving to meet the needs of the allotment holder and his family in terms of gardening, rest and recreation.
Family allotment gardens are perceived by the legislator only as a place for recreation and periodic stay, while excluding the possibility of meeting housing or service needs in their areas – emphasized Krzysztof Kukucki, Secretary of State of the Ministry of Energy and Technology.
As Kukucki replied in response to a parliamentary interpellation, this concept is expressed in Art. 12 of the ROD Act, there is a ban on residing and running a business or other gainful activity on the plots.
Additionally, in Art. 36 section 3 points 1 of the ROD Act provides for a sanction of termination of the contract in the event of using a plot or gazebo in a manner inconsistent with the provisions of the Act.
In the opinion of the Ministry of Development and Technology, undertaking legislative work aimed at enfranchising users of family allotment gardens, as well as using separate mechanisms for individual enfranchisement of users of allotment gardens, is not justified from the point of view of the idea of family allotment gardening – emphasized Krzysztof Kukucki, Secretary of State of the Ministry of Agriculture and Technology.
The Ministry of Energy and Technology does not provide for the expropriation of allotment holders, much less expropriation
As we read in the response to parliamentary question no. 1441, the Ministry of Development and Technology does not plan to take any action aimed at enfranchising allotment holders on land granted for perpetual usufruct to garden associations for the purpose of establishing and running family allotment gardens.
The transfer of rights to real estate constituting areas of family allotment gardens is covered by legal principles and regulations regarding the management and disposal of public property, including the Constitution of the Republic of Poland, which contains property protection guarantees also available to public entities – added Krzysztof Kukucki, Secretary of State of the Ministry of Energy and Technology.
Moreover, according to the Ministry of Energy and Technology, the legislator in Art. 28 section 6 of the ROD Act sufficiently secured the interests of allotment holders leasing plots on land given to garden associations for perpetual usufruct. Pursuant to this provision, the provisions on the protection of property shall apply accordingly to the protection of the right to lease plots.
The Ministry does not plan to undertake legislative work aimed at enfranchising users of family allotment gardens. The idea of family allotment gardening manifests itself in meeting the social, leisure and recreational needs of society. In accordance with the assumptions of the ROD Act, allotment gardens cannot be perceived as a group of fully independent, individual properties serving to meet the living or income needs of allotment gardeners – summed up Krzysztof Kukucki, Secretary of State of the Ministry of Energy and Technology.
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