Karolina Dawidczyk-Bełc
Integrated development plan
08.02.2024
real estate, already in force
The July 2023 amendment to Poland’s Spatial Planning and Development Act introduced a special form of local zoning plan—the integrated development plan. It grants communes and investors more freedom to locate development projects, regardless of the findings of the existing local zoning plan. Ultimately, integrated development plans will replace the resolutions on siting of housing developments issued under the housing special act (such resolutions can be issued until the end of 2025). But an integrated development plan can be enacted for any type of project, not just residential projects.
The master plan
08.02.2024
real estate, already in force
Pursuant to the 7 July 2023 amendment to the Spatial Planning and Development Act, the zoning study will be superseded by a master plan and commune development strategy. The provision imposing an obligation on communes to adopt a development strategy enters into force on 1 January 2026. Introduction of master plans is intended to vest more power in local governments in Poland in establishing policies for land use and development.
The Electronic Construction Daily Log
09.02.2023
real estate, already in force
The introduction of an electronic construction daily log is the next step in the digitalisation of the construction process.
Overview of major changes to the Construction Law
09.02.2023
real estate, already in force
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.
Change of the use of a building for residential purposes and conversion of perpetual usufruct into ownership
27.01.2022
real estate, Province Administrative Court
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?
Do I really own my parking spot? On the use of common property in housing communities
13.01.2022
real estate, Supreme Court
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?
New rules for handover of residential units and single-family houses
18.11.2021
real estate, new provisions
On 1 July 2022, most of the provisions of the new Developers Act will come into force. One of the changes is to make the handover procedure for a residential unit or single-family house more detailed, and to introduce new rights for buyers. The new rules are particularly controversial among developers.
A new approach to construction design
08.10.2020
already in force, real estate
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.
Restaurants at shopping malls also eligible for temporary termination of leases
23.07.2020
coronavirus, real estate
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.
The situation of lessees and tenants in execution and bankruptcy proceedings
05.03.2020
real estate, insolvency and restructuring, protection of contracts, creditor protection
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?