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Sylwia Moreu-Żak

Lease agreements in the private rented sector
More and more residential tenants recognise the advantages of institutional leasing over renting from private individuals, due to the security and stability of the lease relationship, the attractive standard of the units offered, and the package of property management services. The question is what type of agreement to conclude in such a lease relationship.
Lease agreements in the private rented sector
Overview of major changes to the Construction Law
In 2022, the Polish parliament introduced a number of significant changes to the Construction Law. The most important of these are related to further digitalisation of administrative processes in construction. The amendment introduced the ability to maintain a daily construction log and site book in electronic form, as well as an electronic central register of licensed builders. The administrative procedures have also been simplified for construction of single-family houses with an area of up to 70 m2, and new obligations for the energy performance of buildings have been implemented.
Overview of major changes to the Construction Law
Public Roads Act: More administrative decisions are transferrable
As of 29 June 2022, the rights and obligations under three types of decisions issued under the Public Roads Act can be transferred to another entity. These are decisions permitting the location or reconstruction of an exit from a public road; placement of devices and advertising in a right of way; or occupation of a right of way for purposes not related to construction, reconstruction, repair, maintenance or protection of roads.
Public Roads Act: More administrative decisions are transferrable
News from Poland—Business & Law, Episode 22: Liability of the Investor and the Contractor for the Remuneration of Subcontractors
Joint and several liability of the investor and the contractor for the remuneration of subcontractors – this subject is discussed by Sylwia Moreu-Żak, attorney-at-law, counsel at Wardyński & Partners in the latest episode of News from Poland.
News from Poland—Business & Law, Episode 22: Liability of the Investor and the Contractor for the Remuneration of Subcontractors
What to sign when hosting refugees from Ukraine? The institution of “precarium”
Poles are eagerly engaged in providing assistance to refugees from Ukraine, including allowing them to stay in their homes. But this raises the concern that providing free access to their home, as a courtesy, might carry some negative consequences for the owner, particularly to carry out a lengthy eviction process if the refugee eventually refused to leave. We believe that in this extraordinary situation the notion of “precarium” could be used.
What to sign when hosting refugees from Ukraine? The institution of “precarium”
Change of the use of a building for residential purposes and conversion of perpetual usufruct into ownership
According to the Conversion Act, existing perpetual usufructuaries acquire ownership of real property if conditions set forth in the act are met. What are these conditions, and is perpetual usufruct of land converted into ownership of the land if the building on the land is subsequently designated for residential purposes?
Change of the use of a building for residential purposes and conversion of perpetual usufruct into ownership
Do I really own my parking spot? On the use of common property in housing communities
In housing communities, the individual parts of common areas (e.g. parking spots, terraces or gardens) are intended for common use by all owners of premises. Often, to avoid problems with use of such areas, division and use of common areas is established at the stage of acquisition of housing units from the developer. This is known as quoad usum division. Can it be changed if circumstances change?
Do I really own my parking spot? On the use of common property in housing communities
Date of entry into force of the new Developers Act and transitional provisions
Analysis of the transitional provisions of the new Developers Act is complicated and unfortunately does not lead to unequivocal conclusions. Indeed, we believe these provisions should be amended immediately to remove doubts, so that developers can prepare for application of the new law and avoid litigation in the future.
Date of entry into force of the new Developers Act and transitional provisions
A new approach to construction design
The recent amendment to the Construction Law introduces a new element of the construction design: the technical design, which will not be enclosed with the application for a building permit. This will speed up the initial stage of the project.
A new approach to construction design
Narrower set of parties in cases seeking a building permit
A relatively small change in the definition of the impact area of a project in the amendment to the Construction Law which entered into force since 19 September 2020 has resulted in a significant change in the rules for determining the set of parties in cases seeking a building permit.
Narrower set of parties in cases seeking a building permit
Restaurants at shopping malls also eligible for temporary termination of leases
Shield 4.0 clarified that the possibility of temporary termination of lease contracts applies to all spaces in commercial structures with a sales area over 2,000 m2. The earlier wording of this provision raised many doubts.
Restaurants at shopping malls also eligible for temporary termination of leases
Investor’s situation under construction contracts during an epidemic
Many investors currently carrying out construction projects or planning to start them in the near future ask us about the legal possibilities to suspend a project or even withdraw from existing contracts. The question arises whether it makes sense to continue or start projects when implementation will require large financial capital and considerable resources. In this article, we identify legal instruments that may be available to an investor who would decide to stop the performance of works or definitively withdraw from a construction contract.
Investor’s situation under construction contracts during an epidemic