real estate | In Principle

The broad limitations on trading in agricultural land introduced by amendment of the Agricultural System Act require extreme caution in any transaction potentially involving this type of property, as the definition of agricultural land assumes huge importance.

Acquirers of real estate often apply to the administrative authorities for a certificate on assertion of reprivatisation claims. Does this practice serve any purpose?

The real estate development business relies on decisions issued by administrative authorities for architectural and construction matters. The development process follows a number of successive phases, and only after positive completion of one phase can the process move on to the next phase.

Tenants who trusted lawmakers and the Agricultural Property Agency (ANR) and removed 30% of the farmland from their tenanted property in exchange for the right to acquire the remaining 70% of the farmland may find they are out of luck.

New regulations governing trading in agricultural real estate proposed by the Ministry of Agriculture and Rural Development may have a huge impact not only on the possibility of selling property, but also on share transactions.

As everyone knows, Santa lives in Lapland. But what with the wave of inward investment in Poland, what if he decided to pull up stakes and move his establishment to property acquired here?

The new Agricultural System Act of 5 August 2015 enters into force on 1 January 2016, superseding the act of 11 April 2003. Barring further amendments, from the New Year the Agricultural Property Agency will be vested with expanded pre-emptive rights and new rights to decide on whether agricultural establishments can be partitioned.

Demolition of all or part of a structure erected as a result of unlawful construction is not the rule, but is an alternative to legalisation of the structure, which should always be applied whenever the structure is consistent with the planning guidelines and other regulations such as technical construction regulations.

Change in use of a structure or part of a structure is an issue of great practical importance. The wording of Construction Law Art. 71(1)(2) can raise doubts, but rulings by the administrative courts help to understand it.

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.

Owners of Warsaw property still face barriers in taking over possession of buildings from the city, even though the rules governing delivery of possession were established in an order issued by the Mayor of Warsaw in 2008.

Decision to sell units in a building covered by the Warsaw Decree: A source of injury in pursuing claims for damages