REITs AND VACANT SPACES IN POLISH LAW – PART 2

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 […]

REITs AND VACANT SPACES IN POLISH LAW

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 […]

DIGITIZATION OF THE CONSTRUCTION PROCESS

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 […]

REAL ESTATE ASSETS IN A BANKRUPTCY/RESTRUCTURING – SELECTED ISSUES

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 […]

URBAN PLANNING REFORM: KEY POINTS

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 […]

NEW DEVELOPER ACT – PART III

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 […]

NEW DEVELOPER ACT – PART II

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 […]

NEW DEVELOPER ACT

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 […]

SPECIAL ACT ON ASSISTANCE TO UKRAINIAN REFUGEES IN POLAND

#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 […]

DRAFT LAW ON ASSISTING UKRAINIANS IN POLAND

#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 […]

PROJECT OWNER LIABILITY TO SUBCONTRACTOR UNDER UNJUST ENRICHMNET PROVISIONS OF CIVIL CODE – SELECTED ISSUES

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 […]

DEVIATION FROM TECHNICAL BUILDING REQUIREMENTS

Tomasz Milewski: „Deviation from technical building requirements“  PMR Construction Insight Poland, No. 1 (250), January 2022

WHAT ARE POSSIBLE NEGATIVE EFFECTS OF NEW DEVELOPER ACT?

Magdalena Lechowska: „What are possible negative effects of New Developer Act?“  PMR Construction Insight Poland, No. 12 (249), December 2021

END OF IMPLEMENTATION PERIOD CONCERNING CONSTRUCTION PROJECTS

Grzegorz Żebrowski: „End of implementation period concerning construction projects“  PMR Construction Insight Poland, No. 10 (247), October 2021

CHANGES TO CONSTRUCTION AND PLANNING LAWS IN THE GOVERNMENT’S POLSKI LAD PROGRAMME

Anna Czajkowska: „Changes to construction and planning laws in the government’s Polski Lad programme“  PMR Construction Insight Poland, No. 9 (246), September 2021

ROLE OF THE STUDY OF LAND USE CONDITIONS AND DIRECTIONS IN THE SPATIAL PLANNING SYSTEM

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

NEW DEVELOPER ACT SIGNED INTO LAW

Katarzyna Babicka: „New Developer Act signed into law“  PMR Construction Insight Poland, No. 7 (244), July 2021

TAX SPOTLIGHT POLAND

Tomasz Bielenik, Wojciech Langowski  Tax Spotlight Poland,  June 30, 2021

ACQUISITION OF REAL ESTATE IN POLAND BY A FOREIGNER VERSUS PERMANENT RESIDENCE

dr Andrzej Kiedrzyn: „Acquisition of real estate in Poland by a foreigner versus permanent residence“  June 25, 2021

MATERIAL DEVIATION FROM AN APPROVED BUILDING PLAN: AMENDED REGULATIONS

Tomasz Milewski: „Material deviation from an approved building plan: amended regulations“  PMR Construction Insight Poland, No. 6 (243), June 2021

ADAPTING LISTED HISTORIC BUILDINGS FOR COMMERCIAL USE: LEGAL REQUIREMENTS

dr Andrzej Kiedrzyn: „Adapting listed historic buildings for commercial use: legal requirements“  PMR Construction Insight Poland, No. 5 (242), May 2021

THE LEGAL NATURE OF THE CONTRACTOR’S OBLIGATION UNDER THE CONSTRUCTION WORKS CONTRACT

Jakub Jasiński: „The legal nature of the contractor’s obligation under the construction works contract“  PMR Construction Insight Poland, No. 4 (241), April 2021

CHANGES IN BUILDING-PERMIT APPLICATION AND DOCUMENTATION REQUIREMENTS: THE AMENDMENT TO CONSTRUCTION LAW OF 10 DECEMBER 2020

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

NEW ENERGY PERFORMANCE STANDARDS FOR BUILDINGS – STANDARD WT 2021

Jacek Choromański: „New energy performance standards for buildings – Standard WT 2021“  PMR Construction Insight Poland, No. 2 (239), February 2021

NEW RULES ON ANNULMENT OF BUILDING PERMITS AND OCCUPANCY PERMITS

Paweł Panek: „New rules on annulment of building permits and occupancy permits“  PMR Construction Insight Poland, No. 1 (238), January 2021

NEW TAXES TO HIT REAL ESTATE-OWNING FIRMS IN 2021

Tomasz Bielenik: „New taxes to hit real estate-owning firms in 2021“  PMR Construction Insight Poland, No. 12 (237), December 2020

PERIOD OF VALIDITY OF THE BUILDING PERMIT

Marta Pałyga: „Period of validity of the building permit“  PMR Construction Insight Poland, No. 11 (236), November 2020

LEGALISATION OF UNAUTHORISED CONSTRUCTION AFTER 19 SEPTEMBER 2020

Jacek Choromański: „Legalisation of unauthorised construction after 19 September 2020“  PMR Construction Insight Poland, No. 10 (235), October 2020

AMENDMENT TO CONSTRUCTION LAW – PART II

Anna Czajkowska: „Amendment to Construction Law – part II“  PMR Construction Insight Poland, No. 9 (234), September 2020

AMENDMENT TO CONSTRUCTION LAW – PART I

Anna Czajkowska: „Amendment to Construction Law – part I“  PMR Construction Insight Poland, No. 8 (233), August 2020

CHANGES TO GEODETIC LAWS COME INTO FORCE

Katarzyna Babicka: „Changes to geodetic laws come into force“  PMR Construction Insight Poland, No. 7 (232), July 2020

HISTORICAL MONUMENTS IN THE CONSTRUCTION LAW ACT OF 7 JULY 1994

Dr. Andrzej Kiedrzyn: „Historical monuments in the Construction Law Act of 7 July 1994“  PMR Construction Insight Poland, No. 6 (231), June 2020

THE MUTUAL OBLIGATIONS OF PARTIES TO LEASE AGREEMENTS EXPIRE: EMERGENCY MEASURE ON RETAIL LEASE IN THE ANTI-CRISIS SHIELD ACT

Paweł Panek: „The mutual obligations of parties to lease agreements expire: emergency measure on retail lease in the Anti-Crisis Shield Act“  PMR Construction Insight Poland, No. 5 (230), May 2020

FORCE MAJEURE VS. REBUS SIC STANTIBUS

Małgorzata Fituch: „Force majeure vs. rebus sic stantibus“  PMR Construction Insight Poland, No. 4 (229), April 2020

Draft of new Developer Act

Jacek Choromański: „Draft of new Developer Act: extra requirements for developers, heightened protection for buyers“  PMR Construction Insight Poland, No. 3 (228), March 2020

Construction law amendment including provisions on legalizing unlawful building works

Katarzyna Babicka: „Construction law amendment including provisions on legalizing unlawful building works“  PMR Construction Insight Poland, no. 2 (227), February 2020

Warsaw close to adopting landscape ordinance

Julia Resmer: „Warsaw close to adopting landscape ordinance“  PMR Construction Insight Poland, No. 1 (226), January 2020

Conversion of perpetual usufructs to freeholds, one year on

Anna Czajkowska: „Conversion of perpetual usufructs to freeholds, one year on“  PMR Construction Insight Poland, No. 12 (225), December 2019

Statutory supervision of construction process by architect

Tomasz Milewski: „Statutory supervision of construction process by architect“  PMR Construction Insight Poland, No. 11 (224), November 2019

Statutory right to renounce a construction contract – general comments

Karolina Figura: „Statutory right to renounce a construction contract – general comments“  PMR Construction Insight Poland, No. 10 (223), October 2019

Changes in environmental impact assessment regulations

Małgorzata Fituch: „Changes in environmental impact assessment regulations“  PMR Construction Insight Poland, No. 9 (222), September 2019

Big changes in Construction Law are coming: main points of the draft amendment bill

Julia Resmer: „Big changes in Construction Law are coming: main points of the draft amendment bill“  PMR Construction Insight Poland, No. 8 (221), August 2019

Erecting „houses“ in family allotment gardens

Katarzyna Babicka:  „Erecting ‚houses‘ in family allotment gardens“  PMR Construction Insight Poland, No. 7 (220), July 2019

Environmental decision in the investment process – general issues and planned legal changes

Małgorzata Fituch: “Environmental decision in the investment process – general issues and planned legal changes”  PMR Construction Insight Poland, No. 6 (219), June 2019

Amendment to Agricultural System Act makes its way through Sejm. The buying and selling of farmland will be liberalised

Jacek Choromański: “Amendment to Agricultural System Act makes its way through Sejm. The buying and selling of farmland will be liberalised” PMR Construction Insight Poland, No. 5 (218), May 2019

Right-of-way easement – general issues and effects of changes to regulations concerning the perpetual usufruct right

Katarzyna Babicka: “Right-of-way easement – general issues and effects of changes to regulations concerning the perpetual usufruct right”  PMR Construction Insight Poland, No. 4 (217), April 2019

De-registration through administrative procedure

Izabela Bartman: “De-registration through administrative procedure”  PMR Construction Insight Poland, No. 3 (216), March 2019

Acquisitive prescription of utility easement as a defence instrument used by transmission companies against a negatory action – selected issues

Karolina Figura: “Acquisitive prescription of utility easement as a defence instrument used by transmission companies against a negatory action – selected issues”  PMR Construction Insight Poland, No.2 (215), February 2019 

Changes to returns of expropriated real estate

Julia Kulikowska: “Changes to returns of expropriated real estate”  PMR Construction Insight Poland, No. 1 (214), January 2019

Transfer of rights and obligations under the notification of construction work

Tomasz Milewski: “Transfer of rights and obligations under the notification of construction work”  PMR Construction Insight Poland, No. 12 (213), December 2018