Compensation for the Bierut decree – how to apply for it?

Enacted in 1945, the Bierut Decree had a long-lasting impact on the fate of thousands of properties in the capital. Under its provisions, owners were deprived of their land rights, and their heirs are still seeking compensation to this day. In this article, we explain the essence of the decree, the rights of those affected, and the procedures that must be followed to apply for compensation for the Bierut Decree.

What was the Bierut Decree?

The decree of 26 October 1945, known as the Bierut Decree, regulated ownership and use of land in Warsaw. It transferred all land in the capital city to state ownership. It was justified as necessary for rebuilding the city after destruction during the war. In practice, it meant mass expropriations of private property.

Key provisions of the Bierut Decree in Poland:

• the land became the property of the state,
• buildings formally remained the property of their previous owners, but without land rights,
• owners could apply for temporary ownership (subsequent perpetual usufruct),
• the time to apply was only 6 months,
• numerous applications were rejected or remained unexamined.

As a result, most owners and their families lost their property, often without compensation.

Compensation for the Bierut Decree – Heirs’ Claims

Although the decree was introduced in 1945, its legal effects still matter. Heirs of former owners may assert their rights in administrative and judicial proceedings.

Possible forms of compensation:

• return of the property – if it has not been developed or sold,
• establishment of perpetual usufruct rights
• a lawsuit for damages due to unlawful takeover,
• claim for compensation for lost profits.

In practice, financial compensation is the most common remedy, since return of the property is often impossible.

Compensation for the Bierut Decree – How to Claim It?

Reprivatization proceedings are complex. They usually require proving that decree-based administrative decisions were unlawful. They usually involve two stages: annuling the administrative decision and pursuing compensation claims.

Steps:

1. Collect property and archival ownership documents,
2. Submit an application to annul rejected ownership decisions,
3. Prepare a lawsuit for damages against the State Treasury,
4. Determine the value of the loss – based on the opinion of an expert appraiser,
5. Pursue the claim in court until a final judgment is issued.

Compensation for the Bierut Decree – Reprivatisation Commission

In response to numerous irregularities in property restitution and the trading claims, the Warsaw Reprivatization Commission was established in 2017. Its role was to review decisions on return made after 1989 and to restore the lawful state.

Commission’s powers:

• declaring invalidity of unlawful reprivatization decisions,
• ordering the return of undue benefits,
• protection of tenants against the effects of unlawful decisions,
• control of return processes carried out by the local government of Warsaw.

Although temporary and politically influenced, the commission revealed many irregularities and annulled some restitution decisions. For heirs, it became an additional tool in their fight for justice.

Compensation for the Bierut Decree – Case Law

Polish courts and the European Court of Human Rights have confirmed the right of victims to compensation. The courts have repeatedly pointed out that administrative decisions made under the Bierut Decree violated property rights.

Compensation for the Bierut Decree – Summary

The Bierut Decree deprived the owners of the rights to the real estate. Its consequences are visible to this day. Victims and their heirs may seek restitution or compensation. However, pursuing claims requires legal knowledge of procedures. The professional support of the law firm allows for increasing the chances of a positive decision.

Do you want to assert your rights under the Bierut Decree? Contact us. We will analyse your situation and help you prepare a compensation claim.

FAQ – Compensation for the Bierut Decree