already in force

Illegal use of a structure: Fines ruthlessly pursued

First a warning, then possibly repeated fines on investors and owners for illegal use of structures: this is one of the effects of recent changes in the Construction Law.

Next phase in limitation and extinguishment of reprivatisation claims to Warsaw properties

Amended regulations governing claims by former owners under the Warsaw Decree entered into force on 20 October 2020. Consequently, the only form of reprivatisation in Warsaw admissible in practice will be damages pursued through complicated, time-consuming and costly judicial proceedings, while a large portion of claims will be extinguished without compensation.

A new approach to construction design

The recent amendment to the Construction Law introduces a new element of the construction design: the technical design, which will not be enclosed with the application for a building permit. This will speed up the initial stage of the project.

Narrower set of parties in cases seeking a building permit

A relatively small change in the definition of the impact area of a project in the amendment to the Construction Law which entered into force since 19 September 2020 has resulted in a significant change in the rules for determining the set of parties in cases seeking a building permit.

Transfer of a building permit without the consent of the prior investor

Since 19 September 2020, acquirers of real estate have been able to transfer a building permit to themselves without the consent of the prior investor. Does this change facilitate implementation of development projects by property buyers?

New rules for legalisation of unlawful construction

The amendment to the Construction Law has made life easier for some owners of unlawful structures. Those whose structures were built over 20 years ago can rest easy. So long as their structure is in proper technical condition, they are not threatened with a high legalisation fee or a demolition order. The regulations governing other unpermitted structures have also been simplified and consolidated.