Jan Konowalczuk

The goal of the paper is to assess the social implications of an ineffective legal intervention, which consists of introducing ownership restrictions concerning residential real estate located in the vicinity of airports. The paper evaluates Polish law in the context of the legislator's environmental aims and compares current regulations in Poland with solutions adopted in English law and American jurisdictions. The social and economic impact of ineffective legal intervention is calculated for the KTW airport case study with the use of information about the structure and value of filed and awarded claims for damages. With the use of this data, in the empirical part of the paper, we evaluate the factual transaction costs of public intervention for that airport, as well as ones which would occur if, instead of the Polish model, the American and the English models of compensation were applied. This allows us to explain the socio-economic consequences of adopting a given solution as well as to assess whether it fulfils desirable objectives. It also provides an opportunity to assess the models in the context of devising legally and economically justified compensation for landowners near airports affected by aircraft noise. The paper narrows the gap in the legal and economic knowledge related to the types and implications of ownership restrictions introduced in the vicinity of airports.

The article deals with compensating market value diminution of real estate, the cause of which is a land use restriction imposed by a local legislative act. This constitutes damage caused by legal activity of a public body, i.e., legal damage. We focus on determining compensation in housing markets in restricted use areas (RUAs) of civil airports and attempt to clarify the principles of compensation in a legal and economic context. The point of reference is argumentation presented in the Supreme Court’s decision of 28 October 2022, II CSKP 678/22, which considers the object and scope of compensation. We analyse the correctness and the effects of introducing a legal principle, where the event causing damage is defined as the mere fact of creating a RUA, while according to Article 129(2) of the Environmental Protection Law it should be the introduction of a restriction on land use. The proposal to identify the event causing damage and its effects with the introduction of a RUA and its impact on the conditions of the functioning of the market is assessed critically. The Supreme Court indicates that when determining the existence and the size of loss, instead of the differential method based on the unambiguous category of market value, a differential method based on the methodologically imprecise and economically ambiguous category of the market should be applied. Consequently, the Supreme Court considers it justified to compensate for loss resulting from the deterioration of the market caused by its “stigmatization”. It has been established that in order to show market value diminution of real estate it is necessary to determine the type and the size of a negative change in the characteristics of the real estate in question. Subsequently, the difference between the values for the factual and the hypothetical state of real estate shows value diminution. It illustrates compensable legal damage. Moreover, it is argued that implementing the Supreme Court’s interpretation prevents achieving the goal of public intervention and increases the social costs of conflict resolution.

Research background: The implementation of EU directives in national legislations imposes an obligation to monitor energy efficiency in every sector of the economy, including construction. In the era of energy conservation, which results from environmental requirements, as well as from constantly increasing energy prices, the energy consumption of premises and buildings becomes an important prerequisite for decision-making processes in the real estate market. There have also been changes in the provisions of the Act on Real Estate Management, which impose an obligation on the professional group of property appraisers to incorporate energy performance certificates for buildings and premises into the valuation process. Energy intensity in terms of the demand for heating of multi-family residential buildings will be the basis for the assessment of its impact on the market value of residential units. Purpose: The article analyses the energy intensity of different types of buildings (e.g. low and high-rise buildings) and the diverse distribution of units in the building, especially with regard to their exposure to the different point of the compass. The research covered the Słoneczne housing estate in Szczecin, in a situation where the property appraiser does not have access to the energy performance certificates of the estimated apartments as well as apartments taken for comparison. The aim of the study is to identify the relationship between energy intensity and market value of residential units on the selected real estate market. The analysis will be based on data from the Price and Value Register of the County Office, a collection of statistics and public information as well as on the authors’ own databases and research. Research methodology: A multidimensional analysis will be used to distinguish homogeneous groups of residential units due to their property attributes. The study will also employ a valuation model including energy intensity and time variables. Results: The study showed that building type is one of the features determining energy consumption by a building. Depending on the period, the introduced attributes explained the evolution of the unit price at 78%, 75% and 24%. The parameters of the variables Size, Neighborhood and Time were found to be statistically significant. What is more, in all three periods, the value of the residential unit was significantly affected by the type of building which determined the energy performance of the building. Novelty: Energy intensity in terms of the heating demand of multi-family residential buildings will be the basis for the assessment of its impact on the market value of residential units. The article analyses the energy intensity of different types of buildings (e.g. low and high buildings) and the different location of units in a building, especially in relation to the directions of the world.

Research background: The economic benefits that arise with the development of airport infrastructure are accompanied by negative externalities. Legal, technical and institutional instruments are used to mitigate or limit these effects. It involves state intervention in the use of real estate located in the vicinity of the airport, and the cost of such an intervention. On the other hand, as a result of state interventions, real estate market mechanisms are distorted. The balance on the market, prices and as a result the number of transactions is changing. Purpose of the article: The study evaluates adaptive efficiency, which is known as the ability of the real estate market system to adapt to the purpose of public intervention. The effectiveness of state intervention is measured as the difference between market transaction costs and costs after intervention. The former means the full coverage of all individual claims of property owners at market prices. However, after the intervention, these are costs of compensation and litigation (judicial, expert opinions, provisions for payment of damages), as well as the risk of the airport's insolvency. The state intervention system is also assessed through the prism of the lack of a methodology for assessing damages and subjective claims of property owners. The article focuses on the effects of the negative impact of airport noise resulting in limitations to residential buildings? usability and depreciation of their market value. The study is based on the example of one regional airport. Methods: The study evaluates the current compensation model related to the introduction of Limited Land Use Areas around airports in Poland, based on Poznan-Lawica airport case study. In the empirical part of the paper, we use regression analysis to examine the value of compensations for loss of property value ruled by courts, and duration analysis to explore court procedure duration time. Findings & Value added: This research is one of the important basic research on socio-spatial connection near an airport in Poland. We argue that the current prac-tice related to compensation ruled by courts has substantial flaws (including the methodical error regarding the valuation of claims, where acoustic damage and value loss claims are treated as unrelated, thus both compensations are independently assessed). With the help of the Cox model, we demonstrate that the long distance from the airport and the location within the LUA increase the likelihood of court proceedings ending. The results are important due to the pending disputes and the costs threatening the functioning of airports in Poland.