Real property and investment processes

The Firm's lawyers have carried out assignments at various stages of property investments, from analysis of a real property's legal status and identification of existing and potential risks, advice on acquisition of property, property investment financing, advice on spatial planning and development, and legal assistance in the investment process and investment commercialisation, to ongoing advice with respect to legal aspects of a real property's use.


Typical legal services offered by the firm in the area of property, construction and development investments include:

  • determination of the legal status of land to be developed,
  • assessment of the legal nature, form and effectiveness of contracts concluded with relevant entities possessing the land,
  • drafting or assessment of contracts for the investment, as well as agreements with Customers,
  • dispute resolution between the investor and other participants of the investment process with respect to financial and organisational issues and dispute resolution methods,
  • assessment of the terms, conditions and restrictions of administrative decisions, for example, on building permits, development conditions etc.,
  • assessment of compliance with the Construction Law, the Act on Real Property Management, the Act on the Acquisition of Property by Foreigners, the Act on Formation of the Agricultural System and the Act on the Protection of Farmland and Forests,
  • analysis of compliance with environmental protection law and legal problems stemming from the environmental impact of construction investments,
  • identification of the scope endorsements, decisions and permits necessary to carry out construction investments,
  • drafting and analysis of agreements on investment financing from various sources, including the assessment of the legal structure of loan agreements, contracts on venture financing by participants, as well as sureties, guarantees and collateral agreements granted by the investor,
  • analysis of contracts applicable to incorporating entities (organisational forms) in the implementation of the investment,
  • identification of legal risks in an investment as well as risk-mitigation measures, and determination of the legal effects of specific investment solutions, in consideration of particular risks which may arise in the course of an investment's implementation.

The most significant projects in property law carried out by the Firm's lawyers include:

  • comprehensive services related to the restructuring of a real estate portfolio of one of the largest press distributors in Poland; these included advisory on real property sales transactions (preliminary, sales and ownership/perpetual usufruct transfer agreements), advisory on the process of selling a property package worth ca. PLN 140m, advisory on the process of developing a new network of logistics centres, representation before courts and in administrative proceedings pertaining to real estate (including the occupancy of a road strip, establishment of a necessary service road, usucaption, waiver of co-ownership and increase of the perpetual usufruct annual fee);
  • comprehensive handling of an investment involving an extension of a cement plant and a mine belonging to one of the leading cement producers in Poland, including comprehensive services for the SPV, acquisition of more than 120 real properties in the investment; this latter involved title searches, advisory on amendments to local zoning plans and local spatial development plans and the obtaining of necessary permits;
  • legal services for an innovative office and laboratory centre run by a subsidiary of a renown Polish university, comprising advice with respect to the construction of a specialist laboratory building and commercialisation of surface for bio-tech labs;
  • advice on the purchase of shares in an SPV: the owner of a real property developed into a building for big-box stores, by a company managing a chain of construction materials outlets. This took in a company audit, drafting of the share sales agreement and advisory during negotiations;
  • a full range of advisory services in an investment process for construction of big-box stores – from comprehensive audits, settlement of the legal status of the properties and acquisition transactions to obtaining the relevant permits required by administrative law to carry out the investment.

 

 

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Responsible partner

Diana Krzyżanowska

diana.krzyzanowska@smmlegal.pl