Ordinary transactions with real estate or with real rights over real estates


Settlement transactions.

Ordinary transactions with real estate or with real rights over real estates - municipal property are carried out at market prices, but not lower than their tax assessments. The market prices of the properties and of the property rights shall be determined by the municipal council on the basis of market assessments prepared by the appraisers determined by the order of art. 22, para. 3, unless otherwise provided by law. The initial prices for conducting tenders or tenders for dispose of real estate or property rights over municipal property may not be lower than the prices determined by the municipal council. The municipality dispenses with property and belongings - private municipal property, by sale, exchange, donation, partition, free or gratuitous establishment of limited real rights, by contribution to the capital of commercial companies or otherwise, determined by law. The establishment of limited real rights over objects - public municipal property, shall be carried out under conditions and by order, determined by law. Preparatory actions shall be carried out only on properties the acts of which have been entered in the relevant order at the Registry Office. The order for conducting auctions and contests for dispose of real estates and property - municipal property is determined by the municipal council in the ordinance under art. 8, para. 2 of the PPL. No payment of the price is possible in whole or in part with compensatory instruments. Contracts for the acquisition of property and limited real rights over real estates, as well as for disposal of property - municipal property, shall be concluded in writing by the mayor of the municipality and shall be entered by order of the judge on the registrations on the location of the property. Contracts for exchange of real estates - municipal property, with properties owned by individuals or legal entities, are registered at the location of the municipal property and in the case of exchanges with state property - on the location of the state property. In the municipality, a public register is created and maintained for disposing of transactions with real estate - municipal property. In the register are entered data about the properties according to the act of ownership, by type of disposal transactions, as well as: the market and tax assessment of the property or the property rights, the assessment determined by the municipal council and the final price of the transaction; the manner of disposal - by public auction, publicly announced competition or decision of the municipal council; the counterparty of the deal; other data, determined by the municipal council in the Ordinance under Art. 8, para. 2 of the IPA - the procedure for acquiring the right of ownership and of limited real rights, for the provision of management, rental and disposal of real estates and property - municipal property, and the powers of the mayor of the municipality, of the mayors of the regions, of the mayors of the mayoralties and the mayoral deputies shall be determined by an ordinance of the Municipal Council in compliance with the provisions of this law and of the special laws in this field, except when the Law on Public-Private Partnership is applicable.
Sale and donation. The sale and donation of private municipal property are within the competence of the General Assembly. Sale of real estate and property - private municipal property, is made after a decision of the municipal council by the mayor of the municipality through a tender or a competition. Sale of land - private municipal property, to the owner of a lawfully built on it building is carried out by the mayor of the municipality without a tender or competition under an order determined in the ordinance under art. 8, para. 2 of the PPL. When the persons, which may be sold, are determined by law, the sale shall be carried out without auction or competition under the procedure specified in the ordinance under Art. 8, para. 2 of the PPL. Territorial Planning Act, Investment Promotion Act, Agricultural Land Ownership and Use Act, Postal Services Act, Energy Act. Donation of a property - a private municipal property, is made after a decision of the municipal council, adopted by a majority of three quarters of the total number of councilors. On the basis of the results of the tender or the competition, respectively - the decision of the municipal council, the mayor of the municipality issues an order and concludes a contract.
Termination of co-ownership. The termination of co-ownership of real estate between the municipality, the state, natural persons or legal entities shall be made after a decision of the municipal council under an order determined by the ordinance under art. 8, para. 2 through: partition, sale of the part of the municipality, redemption of the part of the natural persons or legal persons or exchange.
Right to build. Right to build on a property - private municipal property is established after a decision of the municipal council by the mayor of the municipality through a tender or competition and according to the provisions of an enacted detailed development plan. Where the right to build is set up for a fixed period, after the expiry of the period for which it was established, the municipality acquires the ownership of the built site free of charge. The right to construction shall be established without a tender or competition after a decision of the municipal council, adopted by a majority of more than half of the total number of the councilors, in an order determined in the ordinance under Art. 8, para. 2 of the PPL, of.


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Ordinary transactions with real estate or with real rights over real estates Ordinary transactions with real estate or with real rights over real estates