Comprehensive services for developers
Rafał Zwierzyński Legal Advisers has comprehensively handled developers’ investment processes on numerous occasions in its years of practice. Such legal services were provided not only to Polish entrepreneurs – mainly commercial companies – but also to foreign entities commencing their investment in the Republic of Poland.
The comprehensive nature of our services means support not only at the stage of securing a planning permission but also tax optimisation to minimise the overheads of the enterprise. That includes, amongst others, changing the status of the developer-owned land subject to investment and proceedings before the tax authorities to recover the property tax rebate.
Having secured the planning permission, our services focus on day-to-day services with regard to the agreements concluded by the developer, tailoring contract templates to the current provisions of the law, i.e. the so-called “Developer Act”, or assuring no proscribed clauses blacklisted by the President of the Office of Competition and Consumer Protection – whose number keeps increasing – are used in the agreements. At that stage of service provision, the Law Firm also supervises any possible administrative proceedings, which might be initiated by the owners of the property adjacent to the one currently being developed.
The last stage of the service provision to developers is securing a certificate of occupancy and drafting, in cooperation with a notary, the template of the agreement of establishing separate title to property and property sale, be it for a dwelling unit or commercial one.
Services for construction industry subcontractors and other entities involved in the construction process
We provide legal advice to all the parties of the construction process, i.e. investors, contractors, designers, site managers and other entities, whose activity is involved in the construction process.
We have also assisted developers and general contractors with legal advice on construction works. We have also represented in litigation natural persons whose problems had been effected by undue performance of construction and refurbishment works by construction services providers.
Some of our clients are also entities working in the construction industry, whom we advise on the recovery of their remuneration for the construction works delivered. We also represent them in their communications with other counterparties in case issues arise in the delivery of the previously made agreements.
Property acquisition, sale, letting property and leashold
The firm offers specialist legal advice on trading property, property tenancy and leashold with respect to non-commercial, commercial and agricultural property in the area of the Republic of Poland. We have extensive experience in that area, including real property acquisition and sale, property leasehold and tenancy, construction industry investment and real property-secured debt.
We have represented our customers in the administrative proceedings related to changes in land classification and proceedings before land and mortgage register courts. The firm also acts as a representative to clients in tax and administrative cases related to e.g. securing a permit for foreign citizens to acquire real property or in the follow-up combined court and administrative proceedings.
Having broad experience and knowledge, we can effectively respond to the changes in the Polish regulations pertaining to real property ownership rights, support our Clients in dispelling any doubts arising with relation to legal titles to real property, that including the risk of third parties pursuing reprivatisation claims. Our clients have at their disposal our experience and unique knowledge necessary for drafting legal analyses of the estates of Polish business entities. We advise our clients on company and partnership formation in order to purchase real property and in the administrative processes involved in securing the permits to purchase real property or obtain relevant certificates of occupancy.
Our specialist advice is also on the preparation and establishing of security interests on real property (primarily in the form of a registered pledge) and also in business entity sale transactions where the businesses own moveable assets and real property.
Geodesic and cartographic law
In our many years of services provision in the area of real property, we also supported our clients in matters pertinent to geodesy and cartography. Our practice focused primarily on compiling land inventories for companies and partnerships as required by the entities and their obligations arising from accountancy compliance. Subsequently, our actions effected in changes in the classification of the types of land, which led to the businesses being able to optimise their tax liabilities, i.e. real property tax, agricultural tax and forest tax. We have also prepared a complete set of documentation for extraction industry businesses related to securing a concession for extracting natural aggregate, establishing a mining area and recultivating it afterwards.