Real property

As part of our practice in the area of real property at EMPIRIUM, we comprehensively support our clients in the implementation of projects relating to investments in private and commercial property at various stages of completion. We focus on conducting a thorough legal due diligence investigation of the property being considered for acquisition in order to identify and indicate to the client the key issues relating to the basis and form of acquisition, including any potential third-party claims, and the viability of the planned investment in the context of the applicable technical, legal, planning and environmental standards. We conduct a tax audit of the planned transaction of real property acquisition to identify its tax consequences in terms of VAT, tax on civil law transactions, income taxes and real property tax.

We provide legal services relating to the client’s investment, from the moment of preparing and starting the investment and construction process, as well as the commercialisation of the completed building, taking into account the list of administrative and legal acts to be obtained and solutions to be included in civil law agreements to safeguard the investor’s interests. In addition, we provide financial and technical support for the client’s project and cooperate with real estate agents, property valuers, designers and financial advisers across Poland.

We advise on investments in properties where renewable energy projects are implemented, such as investments in photovoltaic equipment, wind farms or biogas plants.

We also provide legal support in the course of litigation with public administration bodies and private entities regarding the exercise of real property rights. Our services are intended for developers, tenants’ associations, property managers and other public and private entities whose activities are related to the real property market.

EMPIRIUM offers legal services in cases relating to the following areas:

  • real property due dilligence investigations, consisting in a comprehensive legal analysis of the property, including any potential third-party claims, administrative and legal acts and civil law agreements regulating the purpose and use of a real property;
  • legal and tax services related to transactions of real property acquisition, from identifying the most financially sound and tax-effective form of real property acquisition to implementation of the concept proposed to the client;
  • compliance of the investment project with the local spatial development plan, obtaining a zoning approval and building permit as well as other legal documents, including environmental approvals, permits from the relevant Heritage Protection Office;
  • implementation of the client’s construction project, including negotiations and drawing up consortium agreements, construction works contracts, design contracts;
  • legal advice during the building commercialisation process, which included negotiating lease terms with tenants, drawing up lease agreements, tax advice relating to the settlement of expenditures, application of appropriate VAT rates, investments using foreign fixed assets;
  • issuing opinions and submitting comments in the course of the preparation and adoption of a local spatial development plan;
  • proceedings to declare invalidity of a municipal council resolution concerning the local spatial development plan;
  • representation in proceedings concerning property ownership rights, including expropriation, damages recovery, claiming compensation for damage incurred as a result of the adoption of a local spatial development plan, infringement of property rights, establishment of land easement;
  • legalisation of unauthorised construction, building demolition, betterment levy, re-zoning fee, changes in perpetual usufruct fees;
  • representation in court proceedings concerning claims arising out of construction works contracts or lease agreements;
  • providing ongoing legal and tax services for tenants’ associations, property managers, developers;
  • representation before architecture and construction administration bodies, building control authorities;
  • drawing up legal and tax opinions in cases related to real property.