I think most of us have heard about municipal premises, TBS or condominiums. As you probably guessed, you cannot buy this type of premises from the person living in it, because this person does not have the ownership rights to this premises.

Remember that we differentiate:

• Municipal premises owned by the city - they are granted to low-income people who cannot afford to buy or rent an apartment. Often, municipalities build entire buildings for social housing.
• TBS so-called Social Housing Society - apartments built by the National Housing Fund.
  After signing the contract and making your own contribution, the apartment is rented. These are long-term contracts, they can be transferred to someone else or annexed.
  The apartments are popular among middle-income people, as this project is addressed to them.
• Cooperative tenant's right to the premises - is exclusively the right to use the premises by a member of the housing cooperative, who is also obliged to make a housing contribution and pay fees. The right may belong to one person or to spouses. The owner of the premises is a housing cooperative; the cooperative tenant's right cannot be transferred and is not inherited.
  We can never sell such an apartment or give it as an inheritance or gift.

You can buy it:

• Cooperative ownership right to the premises
  Here we distinguish two things: the right to use the premises and the right to dispose of one's rights, e.g. renting or putting into use in accordance with its intended purpose. If you want to transform such a premises, e.g. into a commercial premises, you will need the consent of the cooperative. We can also sell such a premises, donate them, leave them to someone in our will, they are subject to enforcement, or we can encumber them with a mortgage.
  Typically, a member of the cooperative has this right. As the owner of the cooperative ownership right to the premises, you have the right to demand that the cooperative conclude an agreement on the transfer of ownership of the premises, i.e. the establishment of separate ownership of the premises, called "purchase of the premises". The topic of cooperative ownership rights to the premises is specific, because as the owner of such rights, you do not have the right to the common parts of the land and the building. The owner of the common parts is the cooperative. A book is not required in such premises. The most important thing is to determine whether the land under the building is owned by the Cooperative or is it granted perpetual usufruct?
  Pursuant to the resolution of the Supreme Court of May 24, 2013, land is regulated only when the cooperative is the owner of the land on which the building is located or the cooperative has the right of perpetual usufruct to the land on which the building is located..
• A premises constituting a separate property, the so-called local real estate
  The premises constitute an object of ownership separate from the land and the building. In this case, we are its actual owners along with all the rights related to it: the right to the land under the building and to all parts of the building and facilities that are not for the exclusive use of individual owners of the premises. The share in the common parts referred to above is determined in a fraction, e.g.: 468/12000, which can be checked in the Land and Mortgage Register. A premises constituting a separate property always has a land and mortgage register. Currently, ownership of such premises may be acquired for all premises in the building by one legal act, e.g. in the case of a developer after the investment has been completed, or successively pursuant to Art. 7 section 1 of the Act on ownership of premises.
  Remember, an agreement in the form of a notarial deed is always required.

Land property/plot
An area of ​​land that constitutes a separate part. Legal separation of real estate is made by demarcating its boundaries and establishing a land and mortgage register for it. A land property may consist of several or a dozen or so plots belonging to one owner. In the event of disputes over the boundaries of real estate, their course is determined by demarcation.

Perpetual usufruct
This right is partly "close" to the right to property.
At all times, the owner of the land is the state treasury or a local government unit, e.g. a commune, a district. There is a specific number of years, e.g. 99, during which the buyer is a perpetual usufructuary of the land and has full ownership rights to the building and other facilities erected on the land. However, you should remember about the annual fee for perpetual usufruct, which affects overall costs. Perpetual usufruct was introduced on July 14, 1961. At the same time, on January 1, 2019, the right of perpetual usufruct of plots of land intended for housing purposes was transformed into ownership right under the Act of July 20, 2018.
Perpetual usufruct applies to plots with multi-family buildings with commercial premises on the ground floor and single-family semi-detached, terraced or detached buildings.
In case of doubts as to the legal status of a given property we are dealing with, we encourage you to contact a trusted real estate advisor or notary..