The security of the finances of local government units in the field of real estate treated as capital investment

Abstract

The article concerns the possibility of making real estate transactions by local government units as capital investment which is an alternative to the time deposits. The analysis of the law, the ruling of the Supreme Court and the Supreme Administrative Court has shown that local government units may, as entrepreneurs, or individuals, trade in real estate in Poland and abroad, i.e. buy them for subsequent sale at a higher price. As indicated in the text, this type of activity is more risky for the local government units than concluding long-term contracts in banks, as the quick recovery of funds through the sale of real estate is more difficult than in the case of breach of time deposits, inter alia due to the provisions of the Act on real estate management for the tendering procedure, or negotiations, and the lack of interest among customers in the purchase of real estate. It was demonstrated that real estate transactions of local government units are subject to the risk of personal office holders in the executive bodies. It is their knowledge and discretion that decide whether local government units gain or lose on real estate.