Sylwia Moreu-Żak | In Principle

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 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.

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.

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.

If execution or bankruptcy proceedings are commenced against the owner of leased or tenanted real estate, the lease or tenancy contract may be terminated early by the administrator or trustee. Rent paid in advance may then be deemed ineffective. How should lessees and tenants protect themselves when entering into a contract with an owner in poor financial condition?

The Act of 26 April 2019 Amending the Agricultural System Act and Certain Other Acts made changes to the trading in agricultural real estate in Poland. It also clarified the procedure and conditions for consent to acquisition of agricultural real estate by an entity not meeting the definition of an individual farmer, and not qualifying as a family member of the seller or other entity exhaustively listed in Art. 2a(3) of the Agricultural System Act.

W polskiej praktyce obrotu gospodarczego od dłuższego czasu budzi wątpliwości możliwość skutecznego wprowadzenia w umowach o roboty budowlane klauzul nakładających na jedną ze stron kontraktu obowiązek powiadomienia drugiej strony o okolicznościach uprawniających do żądania dodatkowej zapłaty za wynagrodzenie. Klauzule te wywodzą się z kontraktów zawieranych na wzorcach umownych FIDIC, opracowanych przez Międzynarodową Federację Inżynierów Konsultantów.

Real estate has to be consolidated and covered by a single land and mortgage register for example when someone wishes to create separate units in a building standing on two plots listed in separate land and mortgage registers. Before commencing a development project it is also advisable to commission a legal analysis to determine whether the legal criteria for this measure are fulfilled; otherwise this could prove difficult or impossible.

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?

When acquiring shares in a Polish company for a foreign buyer, it must always be examined whether a permit from the Minister of the Interior is required because real estate in Poland is involved. Sometimes a permit is required to acquire even a single share.

Poland’s consumer protection authority has drawn up guidelines for amending the Act on Protection of Rights of Buyers of Residential Units and Single-Family Houses of 16 September 2011, popularly known as the Developers Act. Real estate developers are not pleased.

An interview with Sylwia Moreu-Żak from the Real Estate & Construction practice at Wardyński & Partners about the new conflict of laws statute in Poland and its impact on real estate transactions.