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Prospectus for residential developments
A developer commencing sales of residential units or single-family houses in Poland must prepare a prospectus for the property. The prospectus should include information on other projects planned in the vicinity of the development. In this regard, the current provisions are imprecise and raise concerns. Does the new Developers Act eliminate them?
Five years to invalidate a building permit, even if it was issued before the amendment
On 19 September 2020, an amendment to the Construction Law came into force, making it harder to attack building permits and occupancy permits. Among other things, the parliament decided that a five-year limit should be introduced for declaring a building permit invalid, from the date the decision entered into legal circulation, thus limiting the discretion of the public administration in assessing the validity of the permit. However, Art. 37b of the Construction Law, introducing this limit, has begun to raise doubts among some commentators, which may lead to the perpetuation of what we believe to be an erroneous interpretation of the new provisions and undermine their intended purpose. Therefore, it is necessary to oppose the view that this provision does not apply to decisions issued before the amendment
Acquisition of real estate in Poland by British citizens and undertakings after Brexit
The transition period during which UK citizens and undertakings were generally treated under EU law like citizens and undertakings from EU member states came to an end on 31 December 2020. This raises the question under what conditions British citizens and undertakings may acquire real estate in Poland or shares in companies holding real estate in Poland.
Transfer of a building permit without the consent of the prior investor
already in force, real estate
Since 19 September 2020, acquirers of real estate have been able to transfer a building permit to themselves without the consent of the prior investor. Does this change facilitate implementation of development projects by property buyers?
COVID-19 and failure to act by public bodies
administration, coronavirus, real estate
The solutions provided for in the Anti-Crisis Shield are intended to activate extraordinary instruments supporting businesses during the pandemic. Can changes in the running of time limits provided for by law, including proceedings before public administrative bodies and administrative courts, be regarded as such a solution?
Party to building permit proceedings
administration, real estate
An amendment to the Construction Law of 27 March 2003 that came into effect as of 11 July 2003 was intended to simplify building permit proceedings, and thus speed up investment projects. One of the ways in which this was to be done was reducing the number of entities that were parties to the proceedings. A party is entitled to take an active part in the proceedings, and can therefore file motions or appeals. This clearly prolongs the proceedings.
Change of the purpose of perpetual usufruct: Is it necessary to conclude an agreement and pay compensation?
Local governments and authorities representing the State Treasury accuse developers of planning projects or making other changes in the current manner of use of real estate inconsistent with the purpose for which perpetual usufruct was established. Then they offer the perpetual usufructuary an agreement changing the use of the property in exchange for compensation. Is there any justification for such actions?
Permit for location of a driveway as a condition for division of real estate
People applying for the division of real estate are often requested to supplement the application with a permit for location of a driveway, in order to prove the existence of direct access to a public road. But is the authority’s request legally justified?
Information about reprivatisation claims: Essential or optional?
real estate, reprivatisation
Acquirers of real estate often apply to the administrative authorities for a certificate on assertion of reprivatisation claims. Does this practice serve any purpose?
Control of trading in agricultural real estate
real estate, new provisions
The new Agricultural System Act of 5 August 2015 enters into force on 1 January 2016, superseding the act of 11 April 2003. Barring further amendments, from the New Year the Agricultural Property Agency will be vested with expanded pre-emptive rights and new rights to decide on whether agricultural establishments can be partitioned.
Acquisition of real estate by foreigners: Permits are still an issue
real estate, M&A
The limitations on acquisition of land by foreigners fell dramatically when Poland joined the EU, but acquisition of agricultural land still requires a permit and causes many practical problems.
Does a foreigner always need to obtain a permit to acquire agricultural real estate?
It all depends on the classification of the property, and sometimes even where it is located.