Abstract

A perpetual usufruct holder who disagrees with the adjustment (increase) of the annual fee may file a request to the Local Government Appeals Board, in accordance with Art. 78.2 of the Real Estate Management Act of 21 August 1997, to determine that it is unjustified or is justified in a different amount. The decision of the Local Government Appeals Board may be challenged by both parties within 14 days. In its resolution of 13 March 2020, III CZP 44/19, the Supreme Court found that if either the owner of a real property held in perpetual usufruct who has adjusted the annual fee, or the perpetual usufruct holder have failed to comply with the 14-day deadline for filing an objection to the Local Government Appeals Board (Article 80.1 of the Real Estate Management Act), the objection shall be dismissed.