NOWA INSTYTUCJA PRAWA CYWILNEGO: PRAWO WŁASNOŚCI WARSTWOWEJ CZY PRAWO ZABUDOWY

Abstract

The aim of the article is to compare the layered property ownership right and the heritable building right as potential solutions that could fill the gap in Polish law. Currently, there is no legal institution that would encourage commercial investors to implement investments on or below the ground. In Poland, there are many undeveloped properties located over railway tracks, tunnels or underground car parks. For years, there has been a public debate on the possibility of introducing layer ownership in Poland. The subject of discussion are the solutions used in other countries. The article discusses the draft law introducing the heritable building right. The heritable building right was also compared to the right of perpetual usufruct functioning in Polish law system. An analysis of the currently applicable legal standards was also made in the context of the possibility of introducing three-dimensional properties.