Businesses deal with real estate in numerous aspects of their operations—occupancy and safety of buildings, construction projects, and ordinary purchase or lease of business premises, to name a few. Typically a business’s dealings with real estate involve significant financial outlays. It is thus vital that all types of real estate activities are conducted in compliance with legal regulations and do not expose the organization to a loss. Our Real Estate and Construction practice is made up of experienced lawyers who effectively ensure the legal security of transactions, identify legal defects in properties, and support businesses in their current operations.
What is real estate and construction law, and why is it so important?
Real estate and construction law covers the totality of regulations and best practice governing legal relationships involving real estate and the rules for conducting construction projects.
In every aspect of their operations, businesses encounter real estate issues—beginning with the need to lease or purchase premises for doing business, and the obligation to comply with regulations governing building occupancy and safety, to implementation of construction projects by companies such as developers, builders, or alternative investment funds investing in real estate.
Legal challenges associated with real estate
- Real estate transactions (e.g. acquiring or renting property) typically have a significant financial value. For this reason, legal problems in such transactions can generate major financial consequences for any business.
- Possession of real estate requires familiarity and compliance with numerous complicated regulations. Real estate regulations are spread across many legal acts, making it harder to comprehend them and potentially leading to unintentional violation of the law.
- Conducting construction projects requires specialized knowledge on construction law and environmental law. Without this knowledge, it is impossible to carry out projects. Investors and contractors may face administrative or criminal consequences for shortcomings in this respect.
Legal advice on real estate and construction projects—benefits for businesses
Support from KPMG Law in the Real Estate and Construction practice
Preparing for transactions
Lawyers from the Real Estate and Construction practice, along with tax advisors, will develop the optimal method for buying, selling, or renting real estate or related assets, reflecting legal and tax aspects as well as accounting consequences.
Conducting transactions
The practice organizes and oversees specific stages in real estate transactions: signing of documentation, verifying the consistency of documentation, reporting, filing applications for entry in public registers, drafting opinions and reports.
Due diligence
We conduct a comprehensive analysis of the legal and factual status of real estate. Examination of the legal status typically covers issues of legal title and restrictions on transfer, the designated use of the property in the register of plots and buildings and local zoning plans, and verifying the consistency of the planned construction with the environmental decisions, the building permit, and the occupancy permit.
Commercialization
We draft complete and optimal documentation for relations between landlord and tenants, and negotiate contracts for lease, tenancy or financial leasing of real estate. We provide comprehensive legal support in operation and management of commercial buildings, including termination and dissolution of contracts, turnover of premises, and recovering amounts owed by tenants, including in enforcement and bankruptcy proceedings. We draft the complete set of contracts for development of projects and sale of developed units.
Construction projects
We offer our clients comprehensive assistance in preparing and implementing construction projects. We analyse the compliance of the project with local zoning plans, negotiate the rules for carrying out the project with the local authorities, and represent clients in administrative proceedings seeking decisions and permits needed to carry out the project. We negotiate and draft contracts for design and construction works and project management.
Environmental law in the construction process
We advise on environmental issues that may arise when carrying out the construction process, particularly related to the decision on environmental conditions, felling of trees, protection of agricultural and forest land, protection of air and nature, development in specially protected areas, protection of water and water law permits, areas with restricted uses, and other issues.
Insurance and guarantees
We advise investors and developers in adjusting the scope of insurance coverage to meet their needs and negotiate the terms of insurance, including insurance against civil liability in the development process, CAR coverage, inherent defects insurance, and title insurance. We assist in pursuing insurance and guarantee claims.
Mediation, real estate litigation, and restructuring
We represent clients in mediation proceedings and before the state courts, administrative courts, and arbitral tribunals, in all matters related to real estate. We represent clients in restructuring and bankruptcy proceedings of owners and occupiers of real estate.
Financing of real estate transactions
We act for lenders drafting documents serving as the basis for financing and establishment of security instruments.
Construction works
We advise businesses during negotiation and performance of construction contracts (in models such as design and build as well as general contractor models), as well as turnkey contracts for overall implementation of projects.
About us
We are an experienced team of attorneys-at-law and advocates. In the Real Estate and Construction practice we provide comprehensive legal services for Polish and foreign businesses: developers, construction companies, architectural studios, banks and other financial institutions, investors, property managers, and tenants.
Our experience includes such projects as:
- Acquisition of commercial property for implementation of logistics projects, shopping centres, offices and residential construction
- Coordination of the acquisition of a complex of over 150 agricultural properties
- Advice on legal issues for conducting construction on purchased plots of land
- Advice on commercialization of logistics parks
- Advice on commercialization of shopping centres and retail parks
- Representing sellers and buyers in transfers of shopping centres
- Representing borrowers in obtaining refinancing credit
- Coordination of the acquisition of investment properties throughout Central Europe
- Representation of investors in proceedings seeking decisions on construction conditions as well as building permits.
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