Prawne i merytoryczne aspekty wyceny nieruchomości na potrzeby ustalania opłaty planistycznej

2021 ◽  
pp. 211-236
Author(s):  
Jan Kuryj ◽  
Anna Klimach ◽  
Ryszard Źróbek
Keyword(s):  
Real Estate ◽  
Legal Regulations ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Appraisal ◽  
Property Valuation ◽  
The Difference ◽  
Calculated Difference

The Act of March 27, 2003, on spatial zoning plan and development, regulates establishing zoning plan fees. Thus, the executive bodies of the municipalities have legally created instruments to collect the fee if the conditions outlined in the Act are met. Amendments to this provision resulted in inaccuracies in establishing the fee. The zoning plan fee is established based on the increase in the value of the real property, taking into account two legal statuses. The real estate appraiser confirms the change in the value of the real property in the appraisal report, which constitutes evidence in the proceedings for determining the amount of the zoning fee.In practice, the determination of the zoning plan fee causes many misunderstandings and problems. The main reason for them is the difference in the value of the real property. It becomes the basis for the municipality’s claims against the property owner. Owners (perpetual usufructuaries), in most cases, take action to reduce the calculated difference in value. Most often, they question the correctness of the real estate appraisal and the way it was documented in the appraisal report.The article presents selected charges directed at real estate appraisers concerning the correctness of property valuation for this purpose, with a commentary supported by legal regulations and court rulings (judgments of the Supreme Administrative Court and the Supreme Administrative Court). In the paper, some findings of the Local Government Appeal Colleges are also indicated.

scholarly journals Calculation and Spatial Distribution of Capitalization Rates in the Selected Segment of Reality Properties

2016 ◽  
Vol 4 (2) ◽  
pp. 37-50
Author(s):  
Eva Ardielli ◽  
Jiří Ardielli ◽  
David Slavata
Keyword(s):  
Spatial Distribution ◽  
Real Estate ◽  
Real Estate Market ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Property Valuation ◽  
The Real Estate Market ◽  
Capitalization Rate ◽  
Apartment Ownership

Abstract The process of real property valuation by usage of income approaches is significantly affected by capitalization rate. This article deals with problematic of the capitalization rate determination in the real estate segment of apartments in the Ostrava city. It primarily aims to calculate the level of gross capitalization rate according to different urban localities of Ostrava, for various sizes of apartments, as well depending on the type of apartment ownership. The analysis of the real estate market is an important part of the research. It is focused on the offer of apartments from the perspective of market apartments for sale and also of market apartments for rent. The analyzed and calculated spatial values distributions are consequently processed into cartographic outputs.

scholarly journals Compensation for assets without a market in the remedial acquisition pursuant to art. 42-bis of Presidential Decree 327/2001 [Stima dell’indennizzo per beni senza mercato nell’acquisizione sanante ex art. 42-bis del DPR 327/2001]

2020 ◽  
Vol 26 ◽  
pp. 51-57
Author(s):  
Benedetto Manganelli
Keyword(s):  
Real Estate ◽  
Estimation Problem ◽  
The Other ◽  
The Real ◽  
The Real Estate ◽  
Real Estate Appraisal ◽  
Presidential Decree ◽  
The One

The estimated compensation provided for damage to property deriving from the remedial acquisition pursuant to art. 42-bis of the Consolidated Law on Expropriations (Presidential Decree 327/2001), raises some questions both of a general and an applicative nature. This study, on the one hand, defines the contours of the estimation problem so as to frame it within the principles and postulates of the doctrine, and on the other, it pro-vides the operational indications that are necessary to face the practical determination of the compensation.The two are obviously closely connected. The discussion and the conclusions provide food for thought on issues involving the real estate appraisal and the legislation on expropriation.

scholarly journals Calculation and spatial distribution of capitalization rates in the selected segment of reality properties

2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Eva Ardielli ◽  
Jiří Ardielli ◽  
David Slavata
Keyword(s):  
Spatial Distribution ◽  
Real Estate ◽  
Real Estate Market ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Property Valuation ◽  
The Real Estate Market ◽  
Capitalization Rate ◽  
Apartment Ownership

The process of real property valuation by usage of income approaches is significantly affected by capitalization rate. This article deals with problematic of the capitalization rate determination in the real estate segment of apartments in the Ostrava city. It primarily aims to calculate the level of gross capitalization rate according to different urban localities of Ostrava, for various sizes of apartments, as well depending on the type of apartment ownership. The analysis of the real estate market is an important part of the research. It is focused on the offer of apartments from the perspective of market apartments for sale and also of market apartments for rent. The analyzed and calculated spatial values distributions are consequently processed into cartographic outputs.

The Methodology Suggestion of Capitalization Rates in the Real Estate

2014 ◽  
Vol 1020 ◽  
pp. 769-775
Author(s):  
Zuzana Stefanovová ◽  
Pavel Procházka
Keyword(s):  
Real Estate ◽  
The Real ◽  
The Real Estate ◽  
Property Valuation ◽  
Preliminary Information ◽  
Capitalization Rate

the paper in the field of property valuation represents the preliminary information review of the problems of capitalization rates applied to the property. It contains proposal for a methodology of determination of the capitalization rate including their data and results evaluation. These results will be achieved by using the comparison of sales prices and rental prices for specific categories of properties and specific locations.

scholarly journals Problematic aspects of registering ecological land-use in the Real Estate Cadastre

2019 ◽  
Vol 86 ◽  
pp. 00007
Author(s):  
Piotr Benduch ◽  
Agnieszka Pęska-Siwik ◽  
Paweł Hanus
Keyword(s):  
Land Use ◽  
Real Estate ◽  
Surface Area ◽  
Statistical Data ◽  
Land Uses ◽  
Legal Regulations ◽  
The Real Estate ◽  
Proper Interpretation ◽  
Informational System

Land-use as a part of the earth’s surface used in an unitary manner, constitutes as one of the objects of Real Estate Cadastre in Poland. This register gathers data concerning actual grounds status, buildings and premises. Cadastre is carried out in an informational system on the basis of Geodetic and Cartographic Law and its implementing act. The contents of mentioned legal regulations are very general in terms of capturing and revealing data on ecological land-use. The rules are also related to environmental protection law. It often makes its proper interpretation difficult. In this article, the study aimed to systematize information about recording ecological land-uses in Polish Real Estate Cadastre has been performed. Practical and legal solutions concerning determination of the ecological land-uses coverage have been presented. The authors evaluate an order of individual activities leading to ecological land-use disclosure in cadastral database. The consequences and constraints in enforcing the ownership to land property or its parts where ecological land-use was allocated are analyzed as well. The statistical data in the scope of number and surface area of ecological land-uses in individual provinces have also been demonstrated.

The real property report the early aftermath

CISM journal ◽  
1989 ◽  
Vol 43 (1) ◽  
pp. 21-24
Author(s):  
G.K. Allred ◽  
S.M. Loeppky ◽  
N.R. Mattson
Keyword(s):  
Real Estate ◽  
Extra Cost ◽  
Real Property ◽  
The Real ◽  
Development Officers ◽  
Physical Attributes ◽  
The Subject ◽  
Considerable Discussion ◽  
Mortgage Lenders

On September 1,1987, the Alberta Land Surveyors’ Association implemented a codified standard for the certification of building locations relative to property boundaries, i.e., building location certificates. Despite considerable discussion on the subject between members of the surveying profession and mortgage lenders, development officers and lawyers over the last several years, the implementation of this standard received instant attention from all participants in real estate transactions. The reaction to the implementation of this standard for real estate surveys varied from outright hos¬tility on the part of some purchasers, who view the requirement for a surveyors’ certificate as an unneces¬sary and extra cost imposed by mortgage companies, to total acceptance of the standard as a bare mini¬mum by most solicitors, who fully comprehend the problems where the paper title does not agree with the physical attributes of the property on the ground. Meetings were held with various interested groups to discuss the requirements of the Real Property Report with regard to determination of “marketability of title” and in particular “extent of title.”

scholarly journals Assessment of the Property of a Territorial Community: Topical Problems and Ways to Solve them

2021 ◽  
Vol 25 (1) ◽  
pp. 148-152
Author(s):  
Liliia Tymoshchyk ◽  
Keyword(s):  
Real Estate ◽  
Effective Property ◽  
Economic Benefits ◽  
Real Estate Market ◽  
Property Management ◽  
The Real ◽  
The Real Estate ◽  
Property Valuation ◽  
Communal Property ◽  
Municipal Management

Annotation. Introduction. One of the trends in the development of the modern real estate market in Ukraine is the gradual growth of the real estate owners, and, accordingly, the change of the real estate management system, in particular, in the field of municipal management. Real estate, as a strategic asset, needs to be managed at a professional level. Therefore, the mechanism of property valuation of territorial communities is perceived as one of the tools of effective property management. Purpose. The purpose of this article is to find and scientifically substantiate the priority areas for improving the effectiveness of property valuation of territorial communities, and analysis related to the mechanism of evaluation of management aspects – goals, approaches, methods and characteristics. Results. The article analyzes the essence of effective management of municipal property – focuses on management goals, the priority of which is the creation of conditions for normal activities, both for each resident and all in general, analyzes the process of determining the effectiveness of municipal management in various fields and its characteristics, methods of evaluating the effectiveness of management. The main provision that guides real estate activities is that real estate development projects should meet the needs of consumers as much as possible. The views of domestic researcher N. Smentina on approaches to assessing the effectiveness of communal property – economic and social. The article provides a detailed substantive analysis of the concept of “real estate” within the complex development and its spatio-temporal characteristics that affect its value. The importance of the characteristic “optimal use of real estate” is determined. The “optimal use of real estate” reveals the conceptual content of the process of assessing the effectiveness of property use. Conclusions. Summing up, property valuation is especially important in the context of increasing the economic benefits from the sale of communal property, but the mechanism of property valuation of territorial communities in Ukrainian legislation still does not determine some specific aspects of municipal property valuation.. Keywords: property; property management; management efficiency; territorial community.

scholarly journals VALUATION SYSTEMS IN POLAND, SLOVAKIA AND THE UNITED KINGDOM – COMPARATIVE STUDY

2013 ◽  
Vol 21 (4) ◽  
pp. 75-86
Author(s):  
Marek Walacik ◽  
Richard Grover ◽  
Adamuscin Adamuscin
Keyword(s):  
Real Estate ◽  
Comparative Study ◽  
Real Estate Market ◽  
Market Models ◽  
The Real ◽  
The Real Estate ◽  
Market Values ◽  
Property Valuation ◽  
The United Kingdom ◽  
The Real Estate Market

Abstract The real estate market is a domain of multi-faceted contemplations - ranging from economical, societal and sociological, to juridical aspects. These domains are important because they create an area of real estate (internal and external) and have an impact on the real estate market. The multifariousness of properties has an influence on the creation of market values. Investors and people whose jobs are connected with the real estate market describe it using points, variables and characteristic attributes and on their basis, create algorithms or real estate market models. We need to draw attention to the fact that, in most cases, the terms “features “, “variables”, and “attributes” are treated as the same. The authors of the present article do not agree with that kind of approach and would like to systematize the knowledge in this area. The goal of the article is to explain problematic terms, and indicate their genesis and sense of using them. The paper compares the legal systems of property valuation in three different countries. It describes their different valuation procedures and provides commentary on them.

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