Best Commercial Real Estate Lawyers in Marijampolė

About Commercial Real Estate Law in Marijampolė, Republic of Lithuania

Commercial real estate in Marijampolė covers offices, retail, logistics, industrial sites, warehouses, hotels, and development land. The city sits on the Via Baltica corridor and hosts the Marijampolė Free Economic Zone, so logistics and manufacturing assets are common. Transactions and developments in the Republic of Lithuania are grounded in the Civil Code, supervised by notaries, and recorded in the national Real Property Register maintained by the State Enterprise Centre of Registers. Ownership and other rights in rem are effective against third parties once registered, and many deal terms are shaped by planning, construction, and land use laws.

Buying, selling, leasing, and financing commercial property typically involve notarized instruments for title transfers and mortgages, registration of rights, municipal planning checks, and construction permitting through national e-systems. Local practice favors clear due diligence on cadastral data, encumbrances, zoning, special land use conditions, and environmental constraints. Marijampolė Municipality administers territorial planning and permits, while national inspectorates oversee compliance and building completion. Investors also consider municipal real estate and land taxes, VAT rules on property transfers, and potential incentives available in the Free Economic Zone.

The market is accessible to local and foreign investors, with specific rules for state or municipal land, heritage assets, agricultural land conversion, and developments near infrastructure. Well prepared contracts, accurate registrations, and early regulatory engagement are essential for a smooth process.

Why You May Need a Lawyer

Commercial property deals involve overlapping regimes for property, planning, construction, tax, finance, and environmental protection. A lawyer can map these rules to your project and protect your position in contracts and registrations. You may need counsel when purchasing or selling a building or land, especially where there are easements, leases to be assigned, mortgages to be discharged, or complex title histories. Pre-contract arrangements, deposits, and conditions precedent benefit from clear drafting to prevent disputes.

Developers and occupiers often require legal help with land formation, change of land use, zoning compliance, building permits, and completion certification. For projects on state or municipal land, or within the Marijampolė Free Economic Zone, a lawyer can structure superficies rights, long-term leases, public land auctions, and incentive agreements. Lenders and borrowers use counsel to prepare mortgages and security packages, assign rental income, and negotiate step-in rights and intercreditor terms.

Leases demand careful attention to rent indexation, service charges, fit-out, repair obligations, security deposits or guarantees, change of control, subletting, and early termination. Environmental and cultural heritage issues require specialist checks and risk allocation. Counsel can also advise on VAT options, real estate tax, land tax, and income tax consequences, and represent you in negotiations, arbitration, or court if disputes arise.

Local Laws Overview

The Civil Code of the Republic of Lithuania sets the framework for ownership, sales, leases, mortgages, servitudes, superficies rights, and security interests. Transfers of title to real estate and mortgages must be notarized and then registered in the Real Property Register. Lease agreements should be in writing. Registration of a lease in the Real Property Register is strongly recommended because registration makes the lease effective against third parties, including a new owner. Superficies rights allow construction on land owned by another, often used for state or municipal land development, and must be registered.

The Law on Land and the Law on the Real Property Register govern land formation, cadastral matters, and registration. The Law on Territorial Planning and municipal planning documents determine use, density, and permitted activities. The Law on Special Land Use Conditions sets protective zones and restrictions near roads, utilities, water bodies, cultural heritage, and other sensitive areas that can limit development or use. The Law on Construction governs design, permitting, supervision, and completion. Building permits and completion are processed through national e-systems and supervised by the State Territorial Planning and Construction Inspectorate. Significant buildings require a completion certificate by the inspectorate, while smaller ones may be finalized with a declaration of completion. Statutory construction warranties commonly run 5 to 10 years depending on the defect and building elements.

The Law on Management, Use and Disposal of State and Municipal Property and related regulations cover public land leases, auctions, and build-on rights. The National Land Service manages state land formation, leases, and conversions. Cultural heritage assets are regulated by the Department of Cultural Heritage and may have strict preservation and use rules. Environmental laws, including the Law on Environmental Protection, the regime for management of contaminated territories, and Environmental Impact Assessment rules, impose due diligence and possible remediation duties. Separate rules apply to forests and agricultural land, including conversion procedures for development.

Taxes affecting commercial real estate include real estate tax on buildings for legal entities based on municipal rates, land tax on landowners set by municipalities, VAT rules on property transactions where sales of new buildings are generally subject to VAT and older buildings may be exempt unless parties opt to tax, and income or corporate income tax on gains. Notary and registration fees apply to notarization and to entries in the Real Property Register. AML and KYC rules require notaries and banks to verify identities, beneficial owners, and source of funds. Merger control rules may trigger filings with the Competition Council for large asset or share deals. Data protection rules apply to tenant and visitor data management in leased buildings.

In Marijampolė, the Municipality Administration issues planning conditions and building permits, supervises certain local compliance matters, and administers municipal property. The Marijampolė Free Economic Zone offers regulated incentives and land solutions for qualifying investors subject to investment thresholds and compliance with national tax and state aid rules.

Frequently Asked Questions

How is ownership of commercial real estate transferred in Lithuania?

Ownership transfers through a sale and purchase agreement that is signed before a notary. After signing, the notary submits data for registration in the Real Property Register. Title passes upon registration. Parties commonly use escrow or a notary deposit to synchronize payment and registration. If there is an existing mortgage or other encumbrance, releases or subordination documents are addressed at closing.

Do leases need to be registered to be enforceable?

Leases must be in writing. Registration in the Real Property Register is not mandatory by law in all cases, but registration is crucial to make the lease binding on third parties. If a lease is not registered, a new owner who acquires the property may not be bound by it unless the new owner assumes the lease or continuity is provided by law or contract. Long-term or strategically important leases should be registered.

What taxes and fees apply when buying or selling commercial property?

There is no separate stamp duty, but notary fees and Real Property Register fees apply. VAT may apply, typically on sales of new buildings, while sales of older buildings may be VAT exempt unless parties opt to tax. Sellers may incur corporate income tax on gains. Owners pay annual real estate tax on buildings and land tax on land at municipal rates. Buyers and sellers should confirm VAT treatment, tax residency, and any available incentives before signing.

Can a foreign company buy commercial real estate in Marijampolė?

Yes. Foreign and EU investors can generally acquire land and buildings in the Republic of Lithuania, subject to sectoral and land use restrictions, cultural heritage protections, and special land use conditions. Agricultural and forest land have additional rules. Foreign buyers should appoint a local representative for practical matters, meet AML and KYC requirements, and ensure notarized documents meet apostille or legalization rules if signed abroad.

What is a superficies right and when is it used?

A superficies right is a registered right to build and own structures on land owned by another person, often the state or municipality. It is common in public land development and build-to-suit projects. The right is created by agreement or auction, notarized, and registered. The holder pays agreed consideration and must follow planning and construction rules. Superficies can be mortgaged and transferred subject to the underlying agreement.

How does the Marijampolė Free Economic Zone affect real estate projects?

The Marijampolė Free Economic Zone offers prepared industrial land, utility connections, and tax incentives for qualifying investments that meet job creation and capital thresholds. Investors typically enter into land lease or superficies arrangements within the zone and must maintain compliance with investment plans and state aid rules. Incentive details and eligibility should be confirmed with the zone management and the State Tax Inspectorate before committing to a project.

How long does a typical purchase or development take?

Asset acquisitions can be completed in 2 to 10 weeks if title is clean, financing is arranged, and the parties are responsive. Development timelines vary. Zoning checks and design can take several months. Building permits for standard industrial or logistics projects may take a few months depending on completeness and consultations. Completion and commissioning depend on building category and inspectorate workload. Early document preparation shortens timelines.

What due diligence should be done before signing?

Core checks include Real Property Register extracts, cadastral data, survey plans, encumbrances, easements, special land use conditions, territorial planning documents, permitted use, utilities and connection terms, environmental and contamination records, cultural heritage status, energy performance certificates, existing leases and rent rolls, service contracts, building permits and completion documents, and litigation or debt searches. For development land, confirm access, plot formation, and any pre-emption rights.

What security can a lender require for a commercial real estate loan?

Lenders commonly take a mortgage over the property, a pledge over rental receivables and bank accounts, a pledge over shares of the property holding company, and assignment of insurance and key contracts. Direct agreements with major tenants or the general contractor may give step-in rights. Mortgages and pledges are notarized if required and registered in the appropriate registers.

How are disputes, defaults, or evictions handled?

Commercial disputes can be heard by Lithuanian courts or resolved by arbitration if the contract includes an arbitration clause, often before the Vilnius Court of Commercial Arbitration. Lease evictions typically require a court order and enforcement by a bailiff. Some notarized agreements may include a voluntary submission to enforcement that can speed up enforcement. Interim measures are available in urgent cases. Early negotiation often prevents escalation.

Additional Resources

State Enterprise Centre of Registers provides the Real Property Register and Cadastre for ownership, encumbrances, and cadastral data. The National Land Service handles state land formation, leases, and land use conversions. Marijampolė Municipality Administration manages territorial planning, building permits, and municipal property matters.

The State Territorial Planning and Construction Inspectorate supervises permitting and building completion. The Department of Cultural Heritage regulates protected properties. The Environmental Protection Department oversees environmental compliance and contaminated sites. The Fire and Rescue Department supervises fire safety compliance for buildings.

The State Tax Inspectorate advises on VAT, real estate tax, and land tax. The Competition Council handles merger control for larger transactions. The Lithuanian Chamber of Notaries provides information on notarization. The Vilnius Court of Commercial Arbitration offers arbitration services for commercial disputes. Investors considering the Marijampolė Free Economic Zone can engage with the zone management and Invest Lithuania for guidance on incentives and set-up.

Next Steps

Define your commercial goals, target asset or site, and timing. Engage a local commercial real estate lawyer experienced in Marijampolė to map regulatory steps, prepare a due diligence plan, and coordinate with your tax and technical advisors. Ask for a clear scope, timeline, and budget. If you are leasing or buying within the Free Economic Zone, request an incentives review early.

Collect core documents, including company details and beneficial owner data for AML checks, identity documents of signatories, financing term sheets, and any existing property files the seller or landlord can share. Your lawyer will obtain official register extracts, planning data, and encumbrance information, and will coordinate surveys or environmental screenings where needed. If development is planned, align the project with territorial planning, special land use conditions, and utility capacities before committing.

Structure the transaction documents to allocate risks and approvals. For a purchase, consider a letter of intent or preliminary agreement with conditions precedent, a notarial sale and purchase agreement, escrow arrangements, and warranties. For a lease, negotiate rent indexation, service charge mechanics, handover and fit-out, maintenance, insurance, assignment and subletting, and early termination rights, and register the lease to protect against third parties. For financing, prepare the mortgage, pledges, and direct agreements in parallel with the main deal.

Plan for closing and post-closing tasks. Schedule notarization, arrange funds flow, secure deliverables like mortgage releases or completion certificates, and register all rights promptly. Set a compliance calendar for real estate tax and land tax, insurance renewals, inspections, and permit updates. If a dispute arises, consult counsel early to preserve evidence and consider negotiation, mediation, or arbitration before litigating.

This guide is for general information only. Laws and procedures change and every project is unique. Obtain tailored legal advice before making decisions or signing documents.