Best Commercial Real Estate Lawyers in Borki

About Commercial Real Estate Law in Borki, Poland

Commercial real estate matters in Borki are governed primarily by national Polish law as applied locally through municipal and county administrations. Transactions - such as purchases, sales, leases, mortgages and development projects - are regulated by the Polish Civil Code, the Construction Law, land use and spatial planning rules, and laws governing land and mortgage registers. Local authorities - the gmina (municipality) and powiat (county) - administer zoning, building permits and local taxes. Many commercial deals also involve notaries, banks, courts and public registers. Because Borki is a local place within Poland, the general legal framework is the same as elsewhere in Poland, but local planning rules, fees and procedures can vary by gmina and powiat.

Why You May Need a Lawyer

Commercial real estate deals involve significant capital, multiple parties, and complex regulations. A lawyer experienced in Polish commercial real estate can help in many situations:

- Buying or selling commercial property - conducting due diligence, structuring the transaction, drafting and reviewing the purchase agreement, and preparing the notarial deed required for transfer of ownership.

- Leasing or subleasing premises - negotiating lease terms, drafting lease agreements, dealing with security deposits, rent escalation clauses and termination clauses.

- Development and construction projects - navigating zoning and planning rules, preparing documentation for building permits, negotiating construction contracts and handling defects or delay disputes.

- Financing and security - drafting mortgage documents, advising on security packages, and representing lenders or borrowers in negotiations.

- Zoning and planning issues - interpreting the local development plan, obtaining zoning decisions, and responding to restricted use or permitted use disputes.

- Disputes and litigation - handling landlord-tenant disputes, breach of contract claims, construction claims, boundary disputes, easements and land-use enforcement.

- Environmental and regulatory compliance - advising on contamination, environmental liabilities, permit requirements and remediation obligations.

- Regulatory filings and registrations - registering changes in the Land and Mortgage Register, advising on tax implications and obtaining required administrative approvals.

Local Laws Overview

The key legal instruments and local procedures that are particularly relevant for commercial real estate in Borki include:

- Civil Code - governs sales, leases, contracts, agency relationships and general contract law principles that apply to commercial property transactions.

- Construction Law - sets out the rules for building permits, technical and safety requirements, site supervision and building use approvals. Building permits and related approvals are handled by the county architecture and construction department within the starostwo powiatowe.

- Act on Spatial Planning and Development - regulates local spatial planning. The miejscowy plan zagospodarowania przestrzennego (local development plan) determines permitted land uses, building intensity and other planning conditions. Where no local plan exists, a decision on conditions for development and land use - decyzja o warunkach zabudowy - may be issued.

- Act on Real Estate Management and local asset management rules - govern how public land is leased or sold by municipalities.

- Land and Mortgage Registers - the land and mortgage register (księga wieczysta) records ownership, encumbrances, mortgages and liens. Registers are kept by district courts and are a primary source for checking title and encumbrances.

- Notarial requirements - transfers of ownership in real estate require a notarial deed prepared and signed before a notary public. Notaries also handle many security-related documents, powers of attorney and certain corporate actions.

- Tax rules - transactions can trigger VAT, civil law transaction tax (PCC) or other tax consequences. Commercial leases and sales often involve VAT treatment, and local property tax (podatek od nieruchomości) is administered by the gmina.

- Environmental and heritage protection rules - environmental regulations, protected area restrictions and conservation orders may affect allowable uses and require assessments or remediation.

- Administrative procedures - permits, licenses and notifications are administered by various local offices - gmina for local land-use issues, starostwo powiatowe for building matters, the district court for land and mortgage registers, and the tax office for tax matters.

Frequently Asked Questions

What steps should I take before buying commercial property in Borki?

Start with a thorough due diligence - check the land and mortgage register for title and encumbrances, review the local development plan or zoning conditions, inspect any building permits and occupancy approvals, confirm environmental status, verify tax liabilities and ensure no pending administrative proceedings. Consult a lawyer early to identify legal risks and prepare the purchase documentation and notarial deed.

Do I need a notary to complete a commercial property sale?

Yes. Transfers of real estate ownership in Poland must be executed as a notarial deed before a notary public. The notary prepares the deed, verifies identities and authorizations, and ensures formal legal requirements are met. The notary also typically lodges necessary updates with the Land and Mortgage Register and assists with tax matters connected to the transaction.

How can I check who owns a property and whether there are mortgages or liens?

Ownership and encumbrances are recorded in the land and mortgage register (księga wieczysta). You can obtain extracts from the appropriate district court that maintains the register for the property. A lawyer can obtain and interpret the register, confirm boundaries and identify any third-party rights or encumbrances.

What planning permissions do I need to build or change the use of a commercial property?

If the intended project involves new construction or significant alterations, you will likely need a building permit or must follow applicable notification procedures under Construction Law. You also need to confirm whether the property’s use is permitted under the local development plan or whether a decision on conditions for development and land use is needed. Local gmina and powiat authorities will advise on precise requirements.

How are commercial leases regulated in Poland?

Commercial leases are primarily governed by the Civil Code and the terms agreed by the parties. Leases for commercial use allow more contractual freedom than residential leases, but they must still comply with mandatory legal rules. Common issues include lease term, rent review mechanisms, security deposits, maintenance responsibilities and termination rights. It is important to document terms clearly and address exit, subletting and improvement obligations.

What taxes apply to commercial real estate transactions?

Tax treatment depends on the parties and the transaction structure. Sales can be subject to VAT or a civil law transaction tax (PCC) in certain cases. Commercial leases typically involve VAT, although exceptions exist. Property tax is a recurring municipal tax. For large or complex deals, obtain tax advice to determine VAT, CIT or PIT implications and any opportunities for tax-efficient structuring.

How do I secure a mortgage on commercial property?

A mortgage is established by a notarial deed and entered in the land and mortgage register as a mortgage lien in favor of the lender. Lenders will require legal due diligence, valuation, corporate or personal guarantees and clear proof of title. Work with a lawyer to negotiate mortgage terms, prepare security documentation and complete registration in the land and mortgage register.

What are common red flags in commercial property due diligence?

Red flags include unclear or defective title, unregistered easements or third-party rights, building work without permits, contradictory local plan restrictions, environmental contamination, significant unpaid taxes or utilities, pending enforcement or expropriation proceedings and unresolved construction defects or warranties. Early legal review can uncover and help mitigate these risks.

Can a foreign investor buy commercial property in Borki?

Foreign investors can generally buy commercial property in Poland, but specific rules depend on the investor’s nationality and the property type. Some purchases - in particular for agricultural or forest land - may require additional approvals. Foreign investors should obtain local legal and tax advice and consider working with a Polish lawyer who can guide them through registration, notarial and administrative processes.

How long does it take to complete a commercial real estate transaction?

Timelines vary based on complexity. Simple asset purchases may close in a few weeks after due diligence and notarial scheduling. More complex deals - involving permits, financing, environmental checks or corporate approvals - can take several months. Delays often arise from local administrative processing, financing conditions or title irregularities, so plan conservatively and involve legal counsel early to streamline the process.

Additional Resources

Useful local and national bodies and resources to consult when seeking legal advice in commercial real estate in Borki include:

- The local gmina office - for local zoning, property tax and municipal matters.

- The powiat (county) starostwo - architecture and construction department - for building permits and inspections.

- District court - land and mortgage registers - for title searches and register extracts.

- Notary public offices - for notarial deeds required in property transfer and security documentation.

- Tax office (Urząd Skarbowy) - for VAT, PCC and other tax guidance.

- National Court Register - Krajowy Rejestr Sądowy - for company information and corporate authorizations when dealing with corporate parties.

- Regional environmental authorities and conservation officers - for environmental assessments and heritage protection requirements.

- Polish Bar Association and local district bar associations - to locate qualified lawyers experienced in commercial real estate.

- Local geodesy and cartography office - for cadastral maps and boundary documentation.

Next Steps

If you need legal assistance with commercial real estate in Borki, consider the following practical steps:

- Gather basic information - property address, copy of land and mortgage register extract if you have it, existing lease or title documents, maps and any correspondence with local authorities.

- Arrange an initial consultation with a lawyer who specializes in commercial real estate - ask about their experience with local planning and the type of transaction you are considering, fee structure and expected timeline.

- Commission preliminary due diligence - title search, local plan check, building permit review and basic environmental screening. This will identify major legal risks early.

- Define objectives and constraints - financing needs, desired timetable, acceptable conditions and any regulatory hurdles that must be addressed.

- Negotiate terms and draft documents - have your lawyer prepare or review purchase agreements, leases, mortgage documents and other legal instruments to ensure clarity and protect your interests.

- Complete closing and registrations - sign the notarial deed, arrange payment of taxes and fees, and ensure the new ownership or mortgage is properly entered in the land and mortgage register.

- Plan post-closing compliance - update registrations, pay recurring property taxes, obtain necessary permits for any development or fit-out work, and manage ongoing obligations under leases or financing agreements.

Working with a local lawyer who understands both national law and local administrative practice will reduce risk and help the transaction proceed more smoothly. If you are unsure where to start, contact the local gmina office for basic planning information and then seek a lawyer to assist with legal and procedural steps.