real estate | In Principle

In three recent cases, the Supreme Court of Poland has addressed issues surrounding construction of wind farms on land owned by another party.

Residential escrow accounts have been in use in Poland for over a year, but banks so far do not offer much choice to real estate developers. Access to such accounts may also be limited for smaller developers.

The limitations on acquisition of land by foreigners fell dramatically when Poland joined the EU, but acquisition of agricultural land still requires a permit and causes many practical problems.

One of the basic elements of the legal protection afforded to lessees is the lessor’s liability under the warranty for physical and legal defects in a leased asset.

The manner in which a structure on land is defined determines the tax consequences of sale of the land.

In order for VAT to apply to letting of real estate, it is not necessary that the property be let as part of the landlord’s business activity.

The tax consequences of sale of land in Poland depend on how the structures on the land are classified.

Whether VAT is charged on the sale of commercial premises depends on whether, and when, the initial occupancy of the space occurred within the meaning of the VAT Act.

It is still possible to regain property expropriated by the state after the Second World War, and in some cases compensation is awarded instead.

Even though it has been nearly 70 years since Warsaw properties were nationalised, some former owners or their legal successors may still seek return of their property or at least damages. But damages do not include lost benefits.

The Act on Protection of Rights of Buyers of Residential Units and Single-Family Houses of 16 September 2011—popularly known as the “Developers Act”—went into effect recently.

In a closely watched case pending before a court in Łódź, the owner of an historically significant house is charged with illegal demolition of the building just before it was covered by formal landmark protection.