Duties of co-owners of a flat

It often happens that we decide to buy a flat as a co-owner. This option is chosen by married couples, partners, siblings, relatives and colleagues. Sometimes we share a plot or land with neighbours. Before you decide to buy a property, learn the rights and duties of flat co-owners.

Co-ownership from a legal point of view

Co-ownership of property brings certain duties and rights for the people involved. All actions are, of course, regulated by law. There are two types of co-ownership:

• Joint ownership (współwłasność łączna) – arises from a specific legal relationship between the people concerned, for example marriage. In this case the size of the co-owners' shares is not determined.
• Ownership in fractional shares (współwłasność ułamkowa) – each party to the agreement holds a specified share in the given property (flat, house, commercial premises, office, plot). Of course, if a person holds ¾ of the shares, it does not mean that a specific part of the flat, representing that share, for example the living room, legally belongs to them. A share is a legal, abstract concept.

Rules for managing the property

Under the rules in force, each person may dispose of their share as they see fit. They do not have to ask the other co-owners for consent. It follows that in almost any situation we can sell our share if that is our decision. However, when we decide to sell the whole flat, house or premises, or to let it, we must have the consent of all co-owners. The permission of all interested persons must also be obtained when carrying out other actions on the property, for example felling trees or putting up a building on shared land. A written agreement on specific arrangements is also envisaged. When it comes to selling the property, the co-owners' declaration of intent must take the form of a notarial deed (akt notarialny). If one of the co-owners does not consent to the disposal of the building, the matter can be referred to a court, but only in a specific case. Only co-owners who hold at least half of the shares in the property have the right to bring the case.

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Rights and duties of flat co-owners

Each owner has the right to use the property freely. This also involves obtaining benefits, including financial ones. They are also obliged to bear all costs related to maintaining the flat. An agreement can also be drawn up specifying which person bears particular costs of maintaining the building or premises. Co-owners may entrust the management of the building to a third party. It is worth remembering that every person with rights to the premises must bear the cost of property tax and charges for utilities. If one of the co-owners decides to settle utilities individually, they must adapt the wiring and plumbing accordingly.