Building constituting the coownership
Building having several legal owners found in land and mortgage register.
If part or even all dwellings in the building constitute separate properties, certified by a record in land and mortgage register, then the owners of separate dwellings automatically, by force of law, become co-owners of the real property, and in notarial deed on establishing a separate ownership title to a dwelling, the dwelling owner's share in property owned by condominium is specified. The following condominiums are distinguished:
1) with separate ownership titles to residential dwellings, and the owners of these dwellings are:
a) only natural persons - applies to buildings in which all dwellings constitute separate properties of natural persons,
b) natural persons and a gmina - applies to buildings in which part of dwellings constitute separate properties of natural persons, and the rest of the dwellings are owned by a gmina,
c) natural persons and a company - applies to buildings in which part of dwellings constitute separate properties of natural persons, and the rest of the dwellings are owned by a company of public or private sector. This category also includes buildings which used to be owned by State-Owned Farms (PGRs) (previously included in dwelling stock of companies) and after the liquidation of PGRs became the stock of State Treasury Agricultural Ownership Agency and then part of dwellings in these buildings were sold by the Agency to natural persons, and the rest of the dwellings remain as the stock of the Agency, i.e. are owned by the State Treasury),
d) other - applies to buildings in which there are other instances of residential premises property, e.g. gmina's and company's, gmina's and natural persons' and company's. Buildings of housing co-operatives were also included in this category, for which on the grounds of the Act of 15 XII 2000 on housing co-operatives, a separate ownership title to part of dwellings was established, for the benefit of natural persons, found in land and mortgage register;
2) without separate ownership titles to residential premises - applies to buildings owned by condominiums where individual dwellings in the building did not have separate ownership titles established, i.e. individual co-owners do not have a separate land and mortgage register established on their names, but there is a single register for the entire building, which includes only (in percent or in fraction) share of individual co-owners of the building (most often it applies to heirs of the building owner who was a natural person).
GUS – Departament Handlu i Usług