Specialisation

Real property, construction projects, and re-privatisation

Related people:
Real property transactions and investment consultancy

Our team has extensive experience in the process of sale and purchase of real property. We draft and negotiate contracts of sale and leasing of real property. We help determine the legal status (title to) real property. We have advised on the acquisition of real property by a trustee for investment purposes and on the acquisition of real property for residential/commercial and infrastructural projects.

We have negotiated contracts for the acquisition of financing for a project, and developed optimisation models for the proposed project. We represent clients in litigation regarding real property and in administrative proceedings aimed at determining the legal status of (title to) real property and its optimal utilisation.

Our experience:

  • pre-leasing audits for a lessor bank of multiple service, commercial and industrial facilities, including real property worth tens of millions of zlotys;
  • pre-investment audits for real property development and investment companies in ​​Krakow, Katowice and Warsaw;
  • acquisition of real property by a trustee for the purposes of a cement plant for one of the largest companies operating in the construction materials industry;
  • comprehensive legal assistance in the purchase of about 200 properties with a total value of over PLN 600 million for the purpose of extension of the telecommunications infrastructure by a subsidiary of a leading telecommunications operator;
  • legal opinions for the lessor and institutional investors on the risks associated with the proposed transaction and the method of determining the legal status of (title to) the real property, including identification of legal and actual actions to increase the value of the acquired real property or to align the status of the real property with the investment plan;
  • representation of real property developers in a dispute over performance under a preliminary agreement and return of a deposit worth tens of millions of zlotys;
  • representation of a private investor in a case concerning real property tax assessment.
Corporate services for institutional investors

Our comprehensive legal services to institutional investors include assistance in the establishment, day-to-day servicing and dissolution of special purpose vehicles. We advise on ownership transformation in real property development and construction companies. We prepare comprehensive legal documentation necessary for the execution of investment projects, in particular information prospectuses.

We advise on obtaining financing, including EU funds. We participate in the creation of optimisation strategies, including as regards the business model and reduction of the tax burden on real property. We issue opinions on sales promotion and advertising materials. We draft and negotiate contracts with the other parties to the contract, and we provide support to local government and private investor clients in procedures for the award of public contracts and in negotiating public-private partnership contracts.

Our experience:

  • day-to-day legal assistance to a company involved in life sciences projects on a university campus;
  • day-to-day legal services to a foundation looking after museum collections and carrying out renovation work in historic buildings with the use of public funds and foreign grants;
  • corporate consultancy for a large real property development company;
  • legal support in the disposal of shares in a real property development company;
  • comprehensive services in connection with the real properties and construction projects of a renowned Warsaw restaurant chain, including the drafting and negotiation of leases for restaurant premises and preparing opinions on the documentation related to the investment process and furnishing of the premises.
Intellectual property and new technologies in the construction industry

Our law firm’s multidisciplinary teams specialise in specific sectors. One of these teams is composed of our experts who advise on intellectual property and new technologies in the construction industry.

Our experience:

  • issuing opinions on and setting the intellectual property and new technologies documentation of (construction industry) companies in order;
  • advising on copyright infringement when creating and using building documentation in the investment process for a large real property development company;
  • issuing opinions on the building and exhibition documentation in the field of copyright for a museum;
  • representation in litigation for infringement of copyright to an exhibition concept by the building documentation and execution of construction work on its basis.
Consultancy in the construction and investment process

Our law firm’s experts support clients in solving legal problems arising in connection with the acquisition of building documentation and project execution.  We issue opinions on the building documentation being prepared, draft and negotiate contracts with the parties to the construction process, represent clients before courts and building administration authorities and construction supervision authorities.

Our experience:

  • issuing opinions on the building and investment documentation in terms of copyright law for a university hospital;
  • comprehensive legal support in connection with the construction of a plant for the processing waste electrical and electronic equipment;
  • representation of clients in adopting, amending or revoking local zoning plans, including in the construction of a cement plant and an airport;
  • representation of clients in proceedings for granting zoning approvals, building permits, environmental approvals, and conservation permits;
  • legalisation of unpermitted construction and bringing projects to a law-abiding state;
  • representation of an investor in a dispute with a design office for compensation for defective building documentation;
  • representation of the general contractor in a dispute with an investor building an industrial and services facility;
  • representation of a theatre in a dispute with the construction works contractor;
  • representation of one of the largest recycling organizations before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in a dispute with a process line supplier.
Determination of the legal status of (title to) real property and re-privatisation

Our team advises buyers and investors in the determination of the legal status of (title to) real property, as well as increasing its value and optimum utilisation. In addition, we represent many entities in re-privatisation processes, both the parties seeking return of real property and the parties at risk of losing real property.

Our experience:

  • determination of the legal status of (title to) real properties to be acquired by a real property development company and a production company;
  • representation of one of the largest beer producers in Poland in cases for re-privatisation of the brewery’s pre-war property;
  • legal support to the descendants of the Austrian princely family in matters of re-privatisation of property in Poland;
  • comprehensive consultancy on the municipalisation of real property and annulment of the decision transforming perpetual usufruct into ownership for a textile company.
Training and workshops

Our experts organise training, workshops and conferences in the field of real property law and issues related to construction projects. We also organise closed training sessions and workshops, adapted to the legal and business environment in which our clients operate. These training sessions often concern new regulations, the interpretation of which is particularly problematic and, consequently, so is the definition of the possible legal risks.

 

Real property, construction projects, and re-privatisation Download PDF (822 kB)

A team of the law firm’s experts offers legal assistance in the following sectors:

  • Institutional investors
  • Financial
  • Local governments
  • Construction
  • Individuals

We provide comprehensive legal services to the real property and construction project sectors. We assist our clients in the acquisition of real property, obtaining of financing for their projects, optimising of how real property is utilised, and in rental of real property for business purposes.

We also advise and represent clients in the investment process and during lease-up. Our services include representation of individuals in disputes with investors and building administration authorities, we conduct re-privatisation procedures, and help determine the legal status (title to) real property at the pre-sale or pre-investment stage.

  • Real property transactions and investment consultancy

    Our team has extensive experience in the process of sale and purchase of real property. We draft and negotiate contracts of sale and leasing of real property. We help determine the legal status (title to) real property. We have advised on the acquisition of real property by a trustee for investment purposes and on the acquisition of real property for residential/commercial and infrastructural projects.

    We have negotiated contracts for the acquisition of financing for a project, and developed optimisation models for the proposed project. We represent clients in litigation regarding real property and in administrative proceedings aimed at determining the legal status of (title to) real property and its optimal utilisation.

    Our experience:

    • pre-leasing audits for a lessor bank of multiple service, commercial and industrial facilities, including real property worth tens of millions of zlotys;
    • pre-investment audits for real property development and investment companies in ​​Krakow, Katowice and Warsaw;
    • acquisition of real property by a trustee for the purposes of a cement plant for one of the largest companies operating in the construction materials industry;
    • comprehensive legal assistance in the purchase of about 200 properties with a total value of over PLN 600 million for the purpose of extension of the telecommunications infrastructure by a subsidiary of a leading telecommunications operator;
    • legal opinions for the lessor and institutional investors on the risks associated with the proposed transaction and the method of determining the legal status of (title to) the real property, including identification of legal and actual actions to increase the value of the acquired real property or to align the status of the real property with the investment plan;
    • representation of real property developers in a dispute over performance under a preliminary agreement and return of a deposit worth tens of millions of zlotys;
    • representation of a private investor in a case concerning real property tax assessment.
  • Corporate services for institutional investors

    Our comprehensive legal services to institutional investors include assistance in the establishment, day-to-day servicing and dissolution of special purpose vehicles. We advise on ownership transformation in real property development and construction companies. We prepare comprehensive legal documentation necessary for the execution of investment projects, in particular information prospectuses.

    We advise on obtaining financing, including EU funds. We participate in the creation of optimisation strategies, including as regards the business model and reduction of the tax burden on real property. We issue opinions on sales promotion and advertising materials. We draft and negotiate contracts with the other parties to the contract, and we provide support to local government and private investor clients in procedures for the award of public contracts and in negotiating public-private partnership contracts.

    Our experience:

    • day-to-day legal assistance to a company involved in life sciences projects on a university campus;
    • day-to-day legal services to a foundation looking after museum collections and carrying out renovation work in historic buildings with the use of public funds and foreign grants;
    • corporate consultancy for a large real property development company;
    • legal support in the disposal of shares in a real property development company;
    • comprehensive services in connection with the real properties and construction projects of a renowned Warsaw restaurant chain, including the drafting and negotiation of leases for restaurant premises and preparing opinions on the documentation related to the investment process and furnishing of the premises.
  • Intellectual property and new technologies in the construction industry

    Our law firm’s multidisciplinary teams specialise in specific sectors. One of these teams is composed of our experts who advise on intellectual property and new technologies in the construction industry.

    Our experience:

    • issuing opinions on and setting the intellectual property and new technologies documentation of (construction industry) companies in order;
    • advising on copyright infringement when creating and using building documentation in the investment process for a large real property development company;
    • issuing opinions on the building and exhibition documentation in the field of copyright for a museum;
    • representation in litigation for infringement of copyright to an exhibition concept by the building documentation and execution of construction work on its basis.
  • Consultancy in the construction and investment process

    Our law firm’s experts support clients in solving legal problems arising in connection with the acquisition of building documentation and project execution.  We issue opinions on the building documentation being prepared, draft and negotiate contracts with the parties to the construction process, represent clients before courts and building administration authorities and construction supervision authorities.

    Our experience:

    • issuing opinions on the building and investment documentation in terms of copyright law for a university hospital;
    • comprehensive legal support in connection with the construction of a plant for the processing waste electrical and electronic equipment;
    • representation of clients in adopting, amending or revoking local zoning plans, including in the construction of a cement plant and an airport;
    • representation of clients in proceedings for granting zoning approvals, building permits, environmental approvals, and conservation permits;
    • legalisation of unpermitted construction and bringing projects to a law-abiding state;
    • representation of an investor in a dispute with a design office for compensation for defective building documentation;
    • representation of the general contractor in a dispute with an investor building an industrial and services facility;
    • representation of a theatre in a dispute with the construction works contractor;
    • representation of one of the largest recycling organizations before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in a dispute with a process line supplier.
  • Determination of the legal status of (title to) real property and re-privatisation

    Our team advises buyers and investors in the determination of the legal status of (title to) real property, as well as increasing its value and optimum utilisation. In addition, we represent many entities in re-privatisation processes, both the parties seeking return of real property and the parties at risk of losing real property.

    Our experience:

    • determination of the legal status of (title to) real properties to be acquired by a real property development company and a production company;
    • representation of one of the largest beer producers in Poland in cases for re-privatisation of the brewery’s pre-war property;
    • legal support to the descendants of the Austrian princely family in matters of re-privatisation of property in Poland;
    • comprehensive consultancy on the municipalisation of real property and annulment of the decision transforming perpetual usufruct into ownership for a textile company.
  • Training and workshops

    Our experts organise training, workshops and conferences in the field of real property law and issues related to construction projects. We also organise closed training sessions and workshops, adapted to the legal and business environment in which our clients operate. These training sessions often concern new regulations, the interpretation of which is particularly problematic and, consequently, so is the definition of the possible legal risks.