The 1945 Bierut Decree is a legal act that shaped the fate of thousands of Warsaw properties for decades. Owners were deprived of their land rights. Their heirs still fight for compensation to this day. Below, we explain the Bierut Decree, the rights of affected owners, and how to claim compensation for property expropriated under the Polish People’s Republic.
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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.
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.
Bierut Decree – How to Claim Compensation?
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:
- Collect property and archival ownership documents,
- Submit an application to annul rejected ownership decisions,
- Prepare a lawsuit for damages against the State Treasury,
- Determine the value of the loss – based on the opinion of an expert appraiser,
- Pursue the claim in court until a final judgment is issued.
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.
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.
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 our law firm. We will analyse your situation and help you prepare a compensation claim.
FAQ – The Bierut Decree in Poland
1. What was the Bierut Decree?
Decree of 1945, which transferred all Warsaw land to the ownership of the state.
2. What effects did the Bierut Decree have?
Mass expropriations of property owners, often without compensation.
3. Can a property taken under the decree be recovered?
In certain cases, yes – though compensation is more common.
4. Who can file for compensation?
Former owners and their heirs.
5. What documents do I need for claims?
Ownership deeds, land registers, administrative decisions, and archival records.
6. What is the possible value of compensation?
Its amount depends on the market value of the property and the opinion of experts.
7. How long does the procedure take?
From a few months to several years, depending on the degree of complexity.
8. Is it possible to pursue cases before the ECtHR?
Yes, after exhausting domestic remedies.
9. Are claims still possible?
Yes, many cases can still be reported and handled.
10. Why is it worth having the support of a lawyer?
Because decree cases are complex and require expert knowledge in administrative and civil law.
11. What was the reprivatization commission?
A state body established in 2017 to review Warsaw restitution decisions and eliminate irregularities.
