What is citizenship? This concept was not, and is not, defined in the Polish legal system, as in the legal systems of other countries. Characterizing its legal essence, several features are indicated: citizenship is a legal bond established by the internal law of a state linking a natural person to that state; this legal bond […]
To function properly, any modern building requires electricity. In Poland, electricity is still derived mostly from the burning of fossil fuels, particularly coal, which affects its price. Although the country’s electricity market was liberalised in 2007, prices for consumers, i.e. household users, were not: they are determined on the basis of so-called tariffs. In this […]
Of all the participants in the construction process mentioned in the Construction Law (henceforth CL), the project owner’s supervising inspector is the only one whose involvement is not, in principle, mandatory. Much is down to administrative discretion. But there are important exceptions. Under Article 19, paragraph 1 of CL, the architecture and construction administration body […]
We continue with the topic of environmental protection and climate action legislation as it pertains to the construction and real estate sectors. In the previous issue we looked at the imminent reform of the European Union’s energy performance of buildings directive, aimed at achieving a climate-neutral building stock by 2050. In the present article we […]
The ways in which electricity is generated and how it is consumed have been targeted quite some time ago with the so-called energy transition programs, which were the subject of, for example, the 2015 Paris Agreement or the so-called European Green Deal. Changes in the management of energy carriers affect, already at this stage of […]
If a plot of land has a beautiful tree or shrub on it, it is worth checking if they have the status of a monument of nature. Because if they do, legal restrictions apply that could render a construction project impossible. Under the Nature Conservation Act, monuments of nature are e.g. “individual objects of […]
In the early 2000s, banks in Poland began to offer mortgage loans denominated in foreign currencies (or linked to foreign currencies), mainly Swiss francs (CHF), which where cheaper than zloty loans. They proved hugely popular: hundreds of thousands of Poles took out such mortgages in the following decade or so. But when Switzerland’s central bank […]
Housing Act 2023 is now set to come into force in July as planned, as the Senate approved it in May with amendments. In this fourth and last part of our series – which previously discussed the Social Rental Agency (SAN), the housing co-op, Safe Mortgage 2%, and Home Account and Home Deposit[1] – we […]
On 14 April 2023 the Sejm passed the “Act on state support for home savings” (henceforth Housing Act 2023), the legislation that introduces the new assistance scheme for first-time home buyers. The bill is now before the Senate[1]. Thus the planned date of its entry into force – July 2023 – seems realistic. In this […]
This is the second article in our series that looks at existing and planned government measures and programs designed to help young households buy a flat or house. In the opening article, we saw that the most important existing pieces of legislation are Housing Act 2021[1] and Housing Act 2022[2]. In the present article, we […]
Helping young families meet their housing needs – by renting or buying – is a major policy issue for any government. A few weeks ago we discussed a new instrument intended to support renters, called the Social Rental Agency[1]. This article is the first in a new series that will look at recent and planned […]
1 January 2023 saw the coming into force of most provisions of the wide-ranging and much-discussed amendment to the Construction Law prepared by the Ministry of Development and Technology and passed by the Sejm in 2022. Key changes include allowing single-family houses of any size, and a longer list of other projects, to be built […]
This is the second article in our series that looks at new or planned measures in Polish law designed to increase the supply and affordability of housing[1]. As we saw in the first part of the series, attempts to introduce a REIT-type instrument into the Polish legal framework have so far failed, but a recent […]
It has become a truism, but is no less true for its repetition: construction is a key engine of the economy. The different segments of the real estate market – housing, office, retail – are developing at different speeds. In all segments there is a risk of supply exceeding demand, resulting in vacant spaces and […]
Three months ago, the Polish Parliament enacted legislation titled the “Act of 7 July 2022 amending the Construction Law and some other acts” (Journal of Laws item no. 1557). It is an important bill that marks another step in the digitization of the construction process. It introduces the electronic construction site logbook (EDB) and the digital […]
When an entity in financial distress is declared bankrupt, or placed under a court-supervised rescue mechanism under the Restructuring Law, among the many legal consequences are those pertaining to real estate assets that it owns. The inclusion of such assets in the bankruptcy or restructuring estate can prove a blessing or a burden. The interests […]
After months of prolonged work on a draft Polish law to apply the ECSP Regulation in our country, on the 7th of July 2022, the Parliament passed the Act on Crowdfunding for Business Ventures and Borrower Assistance (the „Act“). In the past week, the Act was signed by the President of Poland and promulgated in […]
Earlier this year the Ministry of Development and Technology unveiled a bill amending the Act on Urban Planning and Land Use. The legislation is currently in the consultation phase. If enacted, it will represent a major overhaul of the existing regulatory framework for planning, which has been in place for nearly two decades. In what […]
It is only weeks now before the New Developer Act (NDA) comes into effect on 1 July. Having looked at what NDA means for developers and home buyers, in this third and final part of our series we focus on the role of banks, and finish with overall conclusions. We begin, though, with a terminological […]
The perspective of the buyer is central to the “Act of 20 May 2021 on the protection of the rights of buyers of apartments and single-family houses and on the Developer Guarantee Fund,” commonly referred to as the New Developer Act (henceforth NDA), which is coming into effect on 1 July. In this second part […]
Almost exactly a year ago, on 20 May 2021, the Sejm passed legislation commonly referred to as the New Developer Act (henceforth NDA). Formally titled the “Act of 20 May 2021 on the protection of the rights of buyers of apartments and single-family houses and on the Developer Guarantee Fund,” the stated objectives of NDA […]
For the fast tract war rules please see Procedure 3 and Procedure 4 below. US CITIZENS PROCEDURE NO. 1 FOR DOCTORS WITH SPECIALIZATION (US specialty board certification) – Applicable to physicians educated and trained in the USA. – Limited permit to practice in a specific range of activities, time period and designated place. – Practice […]
Continuing the series of articles on crowdfunding in the area of commercial projects, in this entry we will focus on key aspects related to the EU regulation providing a uniform legal framework for crowdfunding in the European Union. We also encourage you to read the previous article in this series presenting a general outline of […]
#StandWithUkraine On 12 March 2022, the special act on assistance to Ukrainian refugees in connection with Russia’s invasion of Ukraine (the “Special Act”) entered into force. With few exceptions, the Special Act shall apply retroactively from 24 February 2022, i.e., the day Russia invaded Ukraine. The provisions of the Special Act apply to Ukrainian citizens […]
Herr Jan Akimenkow arbeitet bei Miller Canfield in Breslau. Er hat das Hochschulstudium an der Breslauer Universität in Richtung Recht, Verwaltung und Wirtschaft absolviert. 2021 begann er seine Ausbildung zum Rechtsbeistand bei der Bezirksrechtsbeistandskammer in Wałbrzych. Herr Akimenkow interessiert sich für Zivilrecht, Wirtschaftsrecht, insbesondere Gesellschaftsrecht, Wirtschaftsprivatrecht, Baurecht und Kapitalmarktrecht. Seit 9 Jahren sammelt er Erfahrungen […]
#StandWithUkraine On 7 March 2022 the Polish government presented to the Polish Parliament (the „Sejm„) a draft of a special act on assistance to citizens of Ukraine in connection with Russia’s invasion of Ukraine (the “Special Act”). The Sejm will now consider the Special Act. Once finally adopted, the Special Act would apply retroactively from […]
Three distinct parties are usually involved in the delivery of a construction project: the project owner, the general contractor, and the subcontractor (or subcontractors). But whereas the relationship between the project owner and the general contractor on the one hand, and the relationship between the general contractor and the subcontractor on the other, are contractually […]
Polish Law Review #1/2022 CHANGES TO RULES REGARDING EMPLOYMENT OF FOREIGNERS REMOTE WORK AND LABOR CODE KEY CHANGES TO PUBLIC PROCUREMENT LAW PRONCIPLE OF EFFICIENCY IN NEW PUBLIC PROCUREMENT LAW NEW OBLIGATIONS UNDER WHISTLEBLOWER PROTECTION REGULATIONS AND CONSEQUENCES OF THEIR VIOLATION WHISTLEBLOWER PROTECTION UNDER NEW WHISTLEBLOWER REGULATIONS NEW GUIDELINES FOR TRANSFER OF PERSONAL DATA FROM […]
Tomasz Milewski: „Deviation from technical building requirements“ PMR Construction Insight Poland, No. 1 (250), January 2022
Magdalena Lechowska: „What are possible negative effects of New Developer Act?“ PMR Construction Insight Poland, No. 12 (249), December 2021
Grzegorz Żebrowski: „End of implementation period concerning construction projects“ PMR Construction Insight Poland, No. 10 (247), October 2021
Anna Czajkowska: „Changes to construction and planning laws in the government’s Polski Lad programme“ PMR Construction Insight Poland, No. 9 (246), September 2021
Małgorzata Fituch: „Role of the Study of land use conditions and directions in the spatial planning system“ PMR Construction Insight Poland, No. 8 (245), August 2021
Katarzyna Babicka: „New Developer Act signed into law“ PMR Construction Insight Poland, No. 7 (244), July 2021
The Act of May 28, 2021 on amending the act – the Code of Civil Procedure and certain other acts (Journal of Laws of 2021, item 1090), in addition to controversial changes regarding the existing rules for handling cases in civil, criminal and administrative court proceedings and the rules for delivery of letters to professional […]
A new, interesting trend of institutional rental (PRS) has appeared on the Polish real estate market, taken from the most developed markets in Europe, such as Germany, Switzerland and the Netherlands. In Poland, we are witnessing an early stage of development of this sector, to which the COVID-19 pandemic undoubtedly contributed, causing, among other things, […]
dr Andrzej Kiedrzyn: „Acquisition of real estate in Poland by a foreigner versus permanent residence“ June 25, 2021
Tomasz Milewski: „Material deviation from an approved building plan: amended regulations“ PMR Construction Insight Poland, No. 6 (243), June 2021
An outline planning decision (the “WZ decision”) is a key element of any construction project carried out in an area which is not covered by a local spatial development plan. The decision contains information determining whether it is possible to execute an investment with specific parameters on a particular plot, being the subject of the application. […]
Since the beginning of the Act of March 27, 2003 on spatial planning and development, there have been doubts as to which extent an application for a building permit should correspond to the content of the relevant outline planning decision. While there are no major doubts that the building permit should meet the parameters specified in […]
dr Andrzej Kiedrzyn: „Adapting listed historic buildings for commercial use: legal requirements“ PMR Construction Insight Poland, No. 5 (242), May 2021
Jakub Jasiński: „The legal nature of the contractor’s obligation under the construction works contract“ PMR Construction Insight Poland, No. 4 (241), April 2021
Michał Matak: „Changes in building-permit application and documentation requirements: the amendment to Construction Law of 10 December 2020“ PMR Construction Insight Poland, No. 3 (240), March 2021
Jacek Choromański: „New energy performance standards for buildings – Standard WT 2021“ PMR Construction Insight Poland, No. 2 (239), February 2021
Paweł Panek: „New rules on annulment of building permits and occupancy permits“ PMR Construction Insight Poland, No. 1 (238), January 2021
Tomasz Bielenik: „New taxes to hit real estate-owning firms in 2021“ PMR Construction Insight Poland, No. 12 (237), December 2020
Marta Pałyga: „Period of validity of the building permit“ PMR Construction Insight Poland, No. 11 (236), November 2020
Jacek Choromański: „Legalisation of unauthorised construction after 19 September 2020“ PMR Construction Insight Poland, No. 10 (235), October 2020
Anna Czajkowska: „Amendment to Construction Law – part II“ PMR Construction Insight Poland, No. 9 (234), September 2020
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