Real Estate Law

The purchase of land, the sale of commercial premises, disputes with developers concerning construction defects, or the legal analysis of pre-war tenement buildings—real estate law encompasses both routine transactions and complex, long-term proceedings involving substantial financial value. For over a decade, K&S Law Firm has supported clients in Gdańsk, Elbląg, and throughout Poland in matters where real estate constitutes the subject of a transaction, security, or dispute. We combine expertise in civil, administrative, and construction law with negotiation practice at every stage—from the letter of intent to appellate proceedings.

Real Estate Transactions — From Due Diligence to Notarial Deed

Every real estate transaction begins with verification of the legal status of the property. In practice, this entails more than merely reviewing the land and mortgage register. We analyze Sections III and IV of the register, examine administrative decisions, land and building registry extracts, local zoning plans, and the history of ownership changes.

For clients purchasing residential units on the primary market, we verify the developer’s disclosure statement and analyze the development agreement for clauses unfavorable to the buyer. We also confirm whether the developer holds the required permits and whether the escrow account complies with statutory requirements. In secondary market transactions, we assess whether the property is encumbered by easements, third-party claims, or mortgages that may prevent the transaction or materially reduce its market value.

In commercial transactions—including the acquisition of investment land, office buildings, or real estate portfolios—we conduct comprehensive legal and tax due diligence. Our reports include an analysis of environmental risks, compliance with local zoning plans, and restrictions arising from regulations governing the acquisition of real estate by foreigners. On this basis, we prepare or negotiate preliminary agreements and transfer-of-title agreements, safeguarding the client’s interests through contractual penalties, conditions precedent, and escrow arrangements.

Construction Projects and the Development Process

We advise investors at every stage of a construction project—from assessing the development potential of a plot, through obtaining a building permit, to project completion and occupancy permits. Our objective is to expedite administrative decision-making while ensuring that issued permits are not successfully challenged by parties to the proceedings.

We draft and review agreements with designers, contractors, and subcontractors, taking into account the specific nature of FIDIC-based contracts. These agreements regulate project timelines, acceptance procedures, mechanisms for remuneration adjustment, and defect notification procedures.

For developers, we prepare template development agreements in compliance with the requirements of the 2021 Developer Act (in force since 1 July 2022), including reservation agreements and disclosure statements. An improperly prepared disclosure statement may entitle the buyer to withdraw from the agreement for reasons attributable to the developer, resulting in financial consequences such as interest liability and the obligation to refund amounts paid.

Real Estate Disputes — Mediation, Negotiation, and Litigation

Disputes concerning real estate frequently involve substantial financial claims and may extend over many years. We represent clients in disputes including, inter alia:

• claims arising from physical and legal defects of real estate
• dissolution of co-ownership, including in-kind division and judicial sale by auction
• adverse possession proceedings—on behalf of both applicants and participants
• establishment or termination of easements, including rights of way (necessary access roads)
• disputes with developers concerning contractual penalties, delays, and defects in common areas
• appeals against expropriation decisions and claims for compensation

Prior to initiating court proceedings, we consider amicable dispute resolution methods—negotiations, mediation, or settlement—which in real estate matters may significantly reduce both time and costs. In many cases, a settlement concluded prior to filing a claim allows the parties to avoid protracted litigation and the uncertainty associated with judicial outcomes.

We also coordinate cooperation with certified property valuers and expert witnesses, ensuring that their opinions provide a robust foundation for legal arguments in court proceedings. We represent clients before common courts of all instances throughout Poland.

Should you be planning a transaction, a construction project, or require assistance in a real estate dispute, we invite you to contact our offices in Gdańsk or Elbląg. We will prepare an individual legal assessment and propose solutions tailored to the specific circumstances of the matter and the scale of the project.

Construction Projects and the Development Process

We advise investors at every stage of a construction project—from assessing the development potential of a plot, through obtaining a building permit, to project completion and obtaining an occupancy permit. Our objective is to streamline administrative decision-making while ensuring that issued permits are not successfully challenged by parties to the proceedings.

We draft and review agreements with designers, contractors, and subcontractors, taking into account the specific nature of FIDIC-based contracts. These agreements govern project schedules, acceptance procedures, mechanisms for remuneration adjustment, and defect notification procedures.

For developers, we prepare template development agreements compliant with the requirements of the 2021 Developer Act (in force since 1 July 2022), including reservation agreements and disclosure statements. An improperly prepared disclosure statement may entitle the buyer to withdraw from the agreement for reasons attributable to the developer, resulting in financial consequences such as interest liability and the obligation to refund amounts paid.

Real Estate Disputes — Mediation, Negotiation, and Litigation

Disputes concerning real estate frequently involve significant financial claims and may persist for many years. We represent clients in disputes including, inter alia:

• claims arising from physical and legal defects of real estate
• dissolution of co-ownership, including in-kind division and judicial sale by auction
• adverse possession proceedings—on behalf of both applicants and participants
• establishment or termination of easements, including rights of way (necessary access roads)
• disputes with developers concerning contractual penalties, delays, and defects in common areas
• appeals against expropriation decisions and claims for compensation

Prior to initiating court proceedings, we consider amicable dispute resolution methods—negotiations, mediation, or settlement—which in real estate matters may significantly reduce both time and costs. In many cases, a settlement concluded prior to filing a claim allows the parties to avoid protracted litigation and the uncertainty associated with judicial outcomes.

We also coordinate cooperation with certified property valuers and expert witnesses, ensuring that their opinions constitute a solid foundation for legal argumentation in court proceedings. We represent clients before common courts of all instances throughout Poland.

Should you be planning a transaction, a construction project, or require assistance in a real estate dispute, we invite you to contact our offices in Gdańsk or Elbląg. We will prepare an individual legal assessment and propose solutions tailored to the specific circumstances of the matter and the scale of the project.