Buying a share in a tenement: are you really buying an apartment?

A fraction does not define walls

In fractional co-ownership, a share determines the extent of a right to the whole property. ‘1/8’ does not itself mean ownership of a particular floor, apartment or eighth of the courtyard. Separate ownership of a unit and a share in a building are different legal situations. Article 206 of the Polish Civil Code governs co-possession of common property.

In this illustrative example, establish whether the seller owns a separate unit or a share accompanied by an agreed arrangement for use. Interior photographs and handing over keys do not answer that question.

Basis: [1] art. 195–198 and 206

What gives the seller the right to use the flat?

Co-owners may agree which parts each person uses exclusively. This arrangement, known as quoad usum, organises use but does not itself create separate apartment ownership. Read the agreement, its scope and whether it covers the seller and the particular flat.

Ask about amendments, access to common areas and responsibility for repairs. An old arrangement may not reflect today’s layout. Its effect on a buyer depends on its wording and circumstances, including Article 221 of the Civil Code.

Basis: [2] Relevant guidance and reasoning — II CSKP 1509/22 [1] art. 221

Must the other owners agree?

As a general rule, a co-owner may dispose of their share without the others’ consent. That does not settle every offer. Special restrictions may apply, for example, to agricultural property. If the share forms part of an undivided estate, Article 1036 must also be checked: ordinary co-ownership rules cannot simply be applied to an estate.

Separately verify the seller’s title, encumbrances and basis for using the premises. Resolving one issue does not resolve the others. A contract transferring real estate ownership requires a notarial deed.

Basis: [1] art. 158, 166, 198 and 1036

Assess the price after checking the documents

Offers describing the same floor area may concern very different rights. Compare independent use, decision-making about the building and unsettled expenditure. Do not assume that buying a share will end an existing dispute.

Before paying an earnest-money deposit, prepare a single record identifying the subject of sale, title, basis of use and unresolved points. The notary or lawyer will then receive concrete documents and questions, rather than just a description of an attractive apartment.