Articles

PROJECT OWNER’S SUPERVISING INSPECTOR: WHEN ONE HAS TO BE APPOINTED

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 […]

EU ETS II

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 […]

REVISION OF ENERGY PERFORMANCE OF BUILDINGS DIRECTIVE DRAWS CLOSER

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 […]

A MONUMENT OF NATURE ON A PLOT

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 […]

NEW CJEU RULINGS ON CHF MORTGAGE LOANS

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 […]

GOVERNMENT PROGRAMS FOR YOUNG HOME BUYERS AND RENTERS – PART IV

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 […]

GOVERNMENT SUPPORT PROGRAMS FOR FIRST-TIME HOME BUYERS – PART III

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 […]

GOVERNMENT SUPPORT PROGRAMS FOR FIRST-TIME HOME BUYERS – PART II

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 […]

GOVERNMENT SUPPORT PROGRAMS FOR FIRST-TIME HOME BUYER – PART I

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 […]

AMENDMENT TO THE CONSTRUCTION LAW

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 […]

REITs AND VACANT SPACES IN POLISH LAW – PART 3

This is the third and last installment in our series that looks at new or planned measures in Polish law designed to increase the supply and affordability of housing. Having discussed attempts to introduce a REIT-type instrument into the Polish legal framework[1] and having looked at the so-called Emergency housing act of 2018[2] and at […]

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 […]

CHANGE OF REMUNERATION IN PUBLIC CONSTRUCTION CONTRACTS

Surging prices for construction materials, an inflation rate that is highest in years, and spiralling operating costs are a major headache for construction companies at the moment. The problem is particularly acute when it comes to putting together project cost estimates, as it has become all but impossible to predict with any precision future prices […]

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-Crisi 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