In Poland, real estate and property law governs the acquisition, management, and transfer of real estate. The legal framework is primarily based on the Polish Civil Code, supplemented by specific laws and regulations. Key aspects include:

1. Property Ownership: Includes land and buildings. Ownership rights are recorded in the Land and Mortgage Register.
2. Real Estate Transactions: Governed by the Polish Civil Code, requiring a notarial deed for the transfer of ownership.
3. Leases and Rentals: Regulated by the Act on the Lease of Commercial Premises and the Act on the Lease of Residential Premises.
4. Construction and Zoning: Managed under the Building Law and local zoning plans, which dictate land use and construction regulations.
5. Real Estate Taxes: Includes property tax, income tax on rental income, and VAT on certain property transactions.

Key Aspects of Real Estate Transactions

1. Due Diligence: Essential to verify the property’s legal status, including ownership, encumbrances, and compliance with local regulations.
2. Purchase Agreements: Must be in writing and usually require a notarial deed for the transfer of ownership.
3. Land and Mortgage Register: Public register providing details on property ownership, rights, and encumbrances.
4. Notarial Procedures: Transactions involving real estate must be executed before a notary public, who certifies the legality of the transaction.

Real Estate and Property Disputes

Common disputes include issues related to ownership, lease agreements, construction defects, and zoning conflicts. Resolving these disputes often involves:

1. Negotiation: Attempting to settle with parties.
2. Mediation: Utilizing a neutral third party to facilitate resolution.
3. Litigation: Pursuing a legal case through Polish courts if other methods fail.

How eLegal Consultants Can Help

1. Data Collection and Analysis:

• •  Property Research: We gather comprehensive data on the property, including ownership history, encumbrances, and legal status from the Land and Mortgage Register.
  • Due Diligence Reports: We compile detailed reports on the property’s legal and financial status, including compliance with local regulations and zoning laws.

2. Transaction Assistance:

• • Contract Drafting: We draft and review purchase agreements, lease agreements, and other relevant contracts to ensure compliance with Polish law.
  • Notarial Services: We coordinate with notaries to facilitate the legal transfer of property and ensure that all documentation is correctly executed.

3. Legal Representation:

• • Negotiation and Mediation: We represent clients in negotiations and mediation to resolve disputes amicably.
  • Litigation: If necessary, we handle court proceedings related to real estate disputes, including property ownership issues, lease disagreements, and construction disputes.

4. Compliance and Advisory:

• • Regulatory Compliance: We ensure that all aspects of real estate transactions comply with Polish laws and local regulations.
  • Tax Advice: We guide property-related taxes, including property tax, VAT, and income tax on rental income.

5. Investment and Development:

• • Market Analysis: We conduct thorough market analyses to assist clients in making informed investment decisions.
  • Development Projects: We support clients with legal aspects of property development, including zoning, permits, and construction contracts.

6. Post-Transaction Services:

• • Property Management: We offer advice on managing and maintaining properties, including handling tenant disputes and compliance with lease terms.
  • Ongoing Legal Support: We provide ongoing legal support for any issues arising after the transaction, including enforcement of contractual obligations and resolution of disputes.

Real estate and property law in Poland can be complex due to the detailed legal requirements and regulatory framework.

eLegal Consultants offers comprehensive services to assist clients through every stage of the real estate process, from initial data collection and due diligence to transaction support and post-transaction management.

Our expertise ensures that clients receive accurate, timely advice and effective representation in all real estate matters.