New rules for garage parking spaces in residential buildings

As of November 1, 2018, the law introduces the terms “garage in a residential building” and “parking space in a garage”.

The latest amendment to the Act on the Ownership of Apartments and Commercial Premises responds to the risks arising from the practice of selling parking spaces in large garages (mostly connected with residential buildings), which has resulted from lack of legal regulation. Sales were carried out in such a way that a car park was divided into co-ownership shares, the number of which corresponded to the number of parking spaces. Prospective buyers therefore acquired only co-ownership shares. The right to use a specific car parking space resulted from an agreement among the co-owners. This was associated with risks involved with further transfers of parking spaces, as some future co-owners did not enter into the agreement or disregarded the legal pre-emptive right of the other co-owners.

As of November 1, 2018, the law introduces the terms “garage in a residential building” and “parking space in a garage”, whereby the term “garage in a residential building” refers to an independent commercial space in a residential building suitable for parking motor vehicles. A garage in a residential building consists of a certain number of parking spaces which are not independent objects in the legal sense. According to the amendment, the right to use the parking spaces is closely linked to the co-ownership shares in the garage in the residential building. The right of use is thus derived from the law, so that the need to conclude a special agreement between the co-owners does not apply. When parking spaces are sold, only the co-ownership shares are transferred. The pre-emptive right is suspended by law for this case. Publicity is ensured by registration of the right of use for specific parking spaces.

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