Participation of municipalities in repatriation proceedings

PROVISION OF HOUSING TO A REPATRIATE

A municipality that will provide housing to a repatriate candidate and members of his immediate family shall be granted a subsidy from the state budget on the basis of an agreement concluded with the competent governor.

In the event that the municipal council has adopted a resolution in which it undertook to provide housing to a repatriate candidate specified by name and to conclude, for an indefinite period of time, an agreement granting him or her a legal title to housing, the subsidy may be granted up to an amount equivalent to the product of 45 m² of the usable area of the housing unit and the amount of the conversion index of the cost of reconstruction of 1 m 2 in the territory of a given county announced by the governor on the basis of the provisions of the Act of June 21, 2001. on the protection of tenants’ rights, the housing stock of a municipality and amendments to the Civil Code, in effect on the date of submission of the application referred to in paragraph 5.

In the event that the municipal council has adopted a resolution in which it undertook to provide housing to an unspecified repatriate candidate by name and to conclude, for an indefinite period of time, an agreement granting him a legal title to housing, the subsidy referred to in para. 1, may be granted up to the amount equivalent to the product of 55 m² of usable floor area of the dwelling and the amount of the conversion factor of the cost of reconstruction of 1 m² on the territory of a given county announced by the governor on the basis of the provisions of the Act of June 21, 2001 on the protection of tenants’ rights, the housing resource of the municipality and on the amendment of the Civil Code, in force on the date of submission of the application referred to in paragraph 5

The grant referred to above is intended to subsidize the costs incurred by the municipality in connection with the settlement on its territory of the repatriate and members of his immediate family.

An application for a grant shall be submitted by the municipality to the competent provincial governor.

When granting a subsidy to a municipality that will provide housing to a repatriate, the size of the housing, its equipment and technical condition and location shall be taken into account, as well as any costs incurred by the municipality in connection with providing the repatriate and members of his immediate family with housing.

The agreement referred to above should specify, in particular:

1. a detailed description of the housing assistance provided to the repatriate;
2. the amount and procedure for transferring the subsidy due to the municipality providing housing;
3. the mode of control of the actions taken by the municipality;
4. the manner of accounting for the subsidy provided.

The repatriate is not entitled to claims for providing different conditions of housing in different municipalities, if these municipalities have received a subsidy from the state budget.
A municipality meeting the conditions referred to in Article 21, paragraph 2 of the Law shall submit an application for a subsidy to the competent governor within 120 days from the date of adoption of a resolution on the provision of housing to a repatriate, but no later than September 10 of the fiscal year.

The application shall specify:

1. the address of the housing unit provided to the repatriate by the municipality, and the size of the unit, its equipment, technical condition and location;
2. the form and date of transfer of the dwelling;
3. the costs incurred by the municipality in providing the repatriate with housing.

The template of the application is specified in Appendix No. 2 to the Regulation of the Council of Ministers of June 21, 2018 on the distribution of the special purpose reserve of the state budget “Aid to repatriates”

The application shall be accompanied by a resolution of the municipal council referred to in Article 21 paragraph 2 of the Law.

The provincial governor, within 14 days from the date of receipt of the application, shall analyze it and assess whether the application meets the requirements referred to in paragraphs 1, 2 and 4, and if deficiencies are found, shall forward the application for supplementation within 14 days.

Failure to supplement the application within the prescribed period shall cause it to be left unrecognized.

The governor shall sign the agreement referred to in Article 21, paragraph 1 of the Law within 30 days from the date of receipt of an application meeting the requirements referred to in paragraph 1, 2 and 4, and in the case of an application with deficiencies, within 30 days from the date of supplementation of the deficiencies.

The governor shall provide a grant to a municipality meeting the conditions referred to in Article 21, paragraph 2 of the Law within 30 days from the date of signing the agreement referred to in Article 21, paragraph 1 of the Law.

CARRYING OUT BY THE MUNICIPALITY OF RENOVATION, ADAPTATION OF A DWELLING OR FURNISHING OF A DWELLING IN THE PLACE OF SETTLEMENT OF THE REPATRIATE

The municipality may provide the repatriate, at his/her request, with assistance consisting in carrying out renovation, adaptation or furnishing of a dwelling at the place of settlement in the Republic of Poland.

The task of the municipality referred to above is a task of government administration.

The municipality receives an earmarked grant from the state budget for the implementation of the task referred to above, up to the amount of PLN 6,000 per repatriate.

This amount shall be increased annually, as of January 1, using the consumer price growth index for the first three quarters in relation to the same period of the previous year, announced in the announcement of the President of the Central Statistical Office in the Official Journal of the Republic of Poland “Monitor Polski”, within 15 days after the end of the third quarter.

The repatriate shall submit the application referred to in paragraph 1 in person to the head of the village (mayor, city president) competent for the place of settlement of the repatriate within 2 years from the date of acquisition of Polish citizenship by the repatriate.
The assistance referred to above shall not be granted to a repatriate to whom a municipality has provided housing in accordance with the procedure set forth in Article 21 of the Law.

A municipality that has carried out renovation or adaptation of a dwelling or furnished a dwelling at the place of settlement of a repatriate in the Republic of Poland shall submit an application for a targeted subsidy to the competent governor within 120 days from the date of completion of the renovation or adaptation work or furnishing, but no later than September 10 of the fiscal year.

In the application it shall be shown that the renovation, adaptation or equipping of the repatriate’s dwelling was justified, and shall specify:
– the name, surname and date of birth of the repatriate whose dwelling was subject to renovation, adaptation or equipping;
– the date of acquisition of Polish citizenship by the repatriate;
– address, type and detailed description of the dwelling subject to renovation, adaptation or equipping;
– determination of the scope of the subject renovation, adaptation or equipping of the dwelling;
– the name, degree of relationship and date of birth of members of the repatriate’s immediate family residing with the repatriate in the dwelling on the date of completion of the renovation, adaptation or equipping of the dwelling;
– calculation of the cost of renovation, adaptation or equipping of the dwelling unit

The form of the application is specified in Appendix No. 3 to the Regulation of the Council of Ministers of June 21, 2018 on the distribution of the special purpose reserve of the state budget “Aid to repatriates”.

The application shall be accompanied by:

1. a statement of the municipality that the housing unit that was subject to renovation, adaptation or equipping was obtained by the repatriate by means other than those specified in Article 21 of the Law;
2. documents confirming the amount of the costs of renovation, adaptation or equipping of the repatriate’s dwelling incurred by the municipality.

The provincial governor, within 14 days from the date of receipt of the application, shall analyze it and assess whether the application meets the requirements referred to in paragraphs 1, 2 and 4, and if deficiencies are found, shall forward the application for supplementation within 14 days.

Failure to supplement the application within the prescribed period shall cause it to be left unrecognized.

The provincial governor shall provide the municipality that has renovated or adapted the dwelling or equipped the dwelling at the place of settlement of the repatriate in the Republic of Poland with a targeted grant within 30 days from the date of receipt of the application for a targeted grant.