Radkiewicz Lawyers Poland offers legal support of real estate transactions. Notably, we advise our clients on real estate financing and examine the legal status of real property located throughout Poland. Our lawyers specialising in real estate law draw up construction contracts, real estate development contracts, conveyancing agreements, real estate management contracts and lease agreements, to name a few.
Radkiewicz Lawyers Poland specialises in real estate law and supports clients with regard to real estate development. Our focus is on assessing the potential for real estate development from the point of view of Polish construction law and land management regulations. Our lawyers also prepare the documentation required to obtain a building permit.
Administrative and judicial proceedings
Our real estate lawyers represent clients in administrative proceedings concerning such issues as: decisions on the conditions of land development and use, approvals of construction designs, building permits, permissions to cut down trees and permissions for the purchase of real estate by foreigners. If a significant departure is needed from the conditions of a building permit, for example from an approved construction design, we help clients in obtaining a decision amending the building permit. Moreover, Radkiewicz Lawyers Poland represents clients in court proceedings for entries in the land and mortgage register.
Reasons why you need to hire a real estate lawyer when buying or selling a house
If you plan to buy or sell a commercial property, it is worthwhile to consult a real estate attorney. Real estate attorneys offer help with buying a home, a building site or other type of commercial property. The involvement of a real estate attorney may be essential given the fact that real estate law is based on many pieces of legislation and entails many complexities. Real estate attorneys are well acquainted with such complexities as they deal with them on a daily basis while performing their responsibilities. Real estate matters usually involve estate of significant value, therefore the assistance of a lawyer with knowledge and experience is well advised – all the more so as lawyers are held accountable for the legal services they provide. It should be emphasised that a lawyer specialising in real estate law is in a position to protect the client from entering into a contract that is unfavourable to them, as well as to highlight the legal risks associated with a given construction investment. For any real estate project we therefore recommend the involvement of a lawyer who can assist you in your venture.
Purchase & sale agreement – how it works
Whether you are buying a flat or a car, a purchase agreement should always be used. If you are not sure what provisions should be included in a purchase and sale agreement, you should seek the assistance of a professional real estate attorney who will indicate the relevant provisions that should be present in a purchase and sale agreement. A real estate attorney has the knowledge of the types of purchase and sale agreements and, depending on the subject of the transaction (movable or immovable property), will ensure that the appropriate legal form of the agreement is maintained. Owing to the knowledge and experience of a real estate attorney, the sale agreement will contain all the elements that are necessary for a successful purchase or sale of property, while fully protecting your interests.
Real estate development agreement
At Radkiewicz Lawyers Poland, we draw up real estate development contracts for our clients. Polish regulations concerning real estate development contracts are contained in the Act on the Protection of the Rights of a Residential Unit or a Detached House Buyer. Some of the obligatory elements of a real estate development contract include designation of the parties, date and place of the contract, price, information defining the real estate on which the development project is to be carried out, date of transfer of the ownership title to the buyer and determination of the contractual penalties.
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It is worth noting that entries in the land and mortgage register maintained for the real property on which the development project is to be carried out include such information as the buyer’s claim for the construction of the building, legal separation of the residential unit, transfer of the ownership rights and other rights necessary for the use of the residential unit to the buyer. A real estate development contract must be executed in the form of a notarial deed.
Limitations on the freedom of real estate owners
An owner may use their property in accordance with its social and economic purpose and has the right to dispose of such property. However, the rights of property owners are limited by social norms (the so-called “rules of social coexistence”) and statutory law. The rules of social coexistence should be understood as principles of ethical conduct derived from the community value system.
The right of ownership is not unlimited. Restrictions on the owner’s freedom to use the property are intended to protect the interest of others. The Polish legal framework admits interference with so-defined ownership right, e.g. under the regulations concerning land development and immisions.
An example of restrictions of the owner’s rights is the limitation of the circle of persons to whom real estate may be sold (e.g. in case of its purchase by a foreigner – see below for more details).
Purchase of real estate by foreigners
In principle, real estate may be freely purchased in Poland. However, an exception applies to the purchase of real estate by foreigners. Foreigners may only purchase real estate in Poland after obtaining permission in the form of an administrative decision issued by the Minister of Internal Affairs and Administration.
A foreigner is defined, inter alia, as a natural person without Polish citizenship, a legal person having its registered office abroad and a legal person with its registered office in Poland, directly or indirectly controlled by the persons referred to above.
However, nationals of the European Economic Area (European Union, Iceland, Liechtenstein, Norway) and the Swiss Confederation may purchase real estate without the need to obtain permission.
A permission to purchase real estate is only issued upon application, provided that:
- there are links between the foreigner and Poland;
- the purchase does not constitute a threat to defence, security of the state, public order, social policy considerations and public health.
Real estate lawyer – Warsaw, Poland
We provide legal advice on all transactions concerning real estate located in Poland (sale, rental, lease, etc.). At Radkiewicz Lawyers Poland, we specialise in conducting administrative proceedings concerning such issues as permission for the purchase of real estate by foreigners or building permits.
Radkiewicz Lawyers Poland supports entrepreneurs, including real estate developers, in all matters related to the purchase, development and sale of real property. We also offer help with obtaining all administrative documentation necessary to carry out the real property development process. We would be pleased to welcome you at our offices, conveniently located in the centre of Warsaw, at 59 Złota Street. To arrange a meeting, please call us at: +48 22 489 52 65.
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