real estate

What will be the fate of applications for building permits prepared under the old energy-efficiency standards?

All buildings designed and executed in Poland on or after 31 December 2020 will have to meet stricter standards for consumption of non-renewable primary energy and the U-factor for heat flow. This change implements into the Polish legal system EU regulations adopted in 2010. It might seem investors have had a long time to prepare for the new energy-efficiency standards. But many of them are still waiting for consideration of applications filed under the existing standards, and their applications may not be decided before the more stringent standards enter into force. This raises the question of how those pending applications will be decided.

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.

A foreigner may have to obtain a permit from the Minister of Interior and Administration to acquire real estate in Poland

The Act on Acquisition of Real Estate by Foreigners of 24 March 1920, which has been in force in Poland continuously for over 100 years, greatly limits the acquisition of real estate in Poland by foreigners, by requiring them to obtain prior consent from the Minister of Interior and Administration. Conclusion of a real estate acquisition agreement without a required permit is subject to the most severe sanction, resulting in invalidity of the transaction. However, the act permits certain departures from the strict requirement of ministerial consent.

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?