The law on streamlining the investment process is another step in the preparations for the construction of the central communication port – according to the government’s nominee for the CPK Marcin Horała. He added that the project, which will be presented in the Sejm on Thursday, will include a number of amenities for residents of the investment area.
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– The law to improve the investment process STH is the next step in the preparations for the construction of the STH, the new Polish transport system. The preparations made so far are going according to plan and any partial deviations from the schedule are being eliminated by the ongoing project management. We are carrying out many activities at a pace previously unknown in the infrastructure market in Poland, for example the investor variant for the 140 km section of Warsaw-Łódź was developed a year after the contract was signed for a feasibility study – Horała commented in a comment to PAP.
– Preparations for the construction of the CPK are progressing steadily and the bill contains many facilities that allow us to operate faster and more effectively. This includes, for example, streamlining the process for the purchase of real estate, granting rights to the CPK company vested in other investors of general interest, for example as a result of special acts, or the possibility to prepare local plans with regarding CTH investments. These are just some of the dozens of improvements foreseen by the law – said Minister Horała.
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As he explained, a very important part of this law is a number of amenities for the residents of the investment area. – We plan a disability pension for those who decide to end their agricultural activity, extend the deadline for the issuance of the property beyond the legal requirement and increase the amount of the advance to 85%. the value of the compensation. We also offer better conditions for the purchase of land as part of a voluntary sale to the CPK – he calculated. He added that the changes provided for in the law meet the demands of residents.
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The CPK capital group is established
One of the main principles of the draft law is the consolidation of the airport sector in Poland. It assumes the integration of PPL with the CPK through the transfer of PPL shares owned by the Treasury to the CPK. Earlier – within six months of the date of entry into force of the law – PPL will be transformed into a public limited company of the Ministry of Finance. The final stage is the acquisition of shares in the newly created company Polskie Porty Lotnicze SA by the CPK.
The result of these changes – as indicated by the Government Plenipotentiary – will be the creation of the CPK Capital Group, which will concentrate the largest assets and investment processes in the field of airport infrastructure. The group will be responsible for securing funding for the STH investment tasks, coordinating investment execution and integrating state resources around the STH program.
According to the information provided to PAP, the integration of PPL with STH will concentrate the powers and responsibilities for planning and managing the national airport infrastructure in one entity.
“Only a strong capital group will be able to counter market requirements more effectively and be a generator of economic development, and at the same time be a stable support for the entire sector in emergency situations (e.g. crisis caused by a pandemic)” – emphasized.
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The draft provides for an increase in the advance payment for expropriation damages (in the case of real estate developed with a building) from 70 to 85 percent, as well as the possibility of extending the time limit for issuing the real estate beyond the legal 120 days, as requested by residents. Both solutions meet the expectations of the residents and are the result of a dialogue with the social side.
According to the terms of the project, the role of the CPK special purpose vehicle should be strengthened as it will be given the same powers as other investors making investments for public purposes, for example the railway infrastructure manager PKP PLK. This concerns, among other things, the possibility of expropriation with a view to the construction of railway lines for the treasury and the establishment of the perpetual usufruct.
The rights of the company CPK in the context of the right to use real estate temporarily for the purpose of research and measurements (including environmental, archaeological, geological and conservation area), as well as the regulations on liability for damage in this regard will be clarified. The possibility of early execution of preparatory works before the issuance of the building permit will be introduced (similar to the legal solutions related to the construction of nuclear power plants under the relevant special law).
The law also introduces the establishment of the local plan of STH, adopted by the voivode at the request of the government’s plenipotentiary for STH. The method and period of temporary land use can be recorded in the local CPK plan and agreements can be made about the intended use.
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The law will make it possible to improve the investment and construction process also in the context of the so-called investments accompanying STH (for example, railway lines, ie the so-called STTH spokes). The proposed solutions include: arranging the rules for the application of the special law by the CPK on the execution of investment activities and the introduction of legal instruments that allow land reservation and spatial planning.
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A number of amenities and benefits for residents
As highlighted, the project provides a number of incentives for residents to sell real estate in a large area of the future CPK site prior to the formal determination of this site through a board decision (ie before expropriation). Under the assumptions of the law, as part of the Voluntary Acquisition Program (PDN), the CPK company can increase the purchase price, increasing the market value of the property by 10%. in the case of land and 20 percent. in respect of a residential building or for premises constituting a separate property.
The regulations stipulate that the CPK company may buy the property for the price equal to the new value, without taking into account the degree of wear and tear.
Another point of departure of the project is the introduction of a pension in connection with the cessation of agricultural activities. The pension is a solution introduced at the request of residents. It can be established for a person who, on June 30, 2021, owned real estate in the area where special rules for the purchase of real estate will apply, before the sale of the real estate to CPK was insured with KRUS and ceased agricultural activity in related to the sale of real estate to CPK. The amount of the pension depends on the age of the person concerned. The amount will vary: from the equivalent of the lowest agricultural retirement pension (currently PLN 1,338 gross) to the value of the minimum wage for work (PLN 3,010 gross).
A condition for determining the annuity is the purchase of real estate by the company CPK at the price stated in the valuation report in accordance with the provisions on property management.