Publication date: 24.08.2024
How to buy commercial real estate in Poland: legal aspects
Buying commercial real estate in Poland can be a profitable investment, but this process requires a careful approach and consideration of many legal aspects. In this article, we will review the key points to consider when buying commercial real estate in Poland and provide practical advice on how to successfully complete the transaction.
Market research and selection of the property
Before proceeding with the purchase of commercial real estate, it is important to conduct thorough market research and select a suitable property. This will help to avoid many problems in the future and ensure the profitability of the investment.
Key factors when choosing commercial real estate:
- Location and accessibility
- Condition of the building and the need for repair
- Potential for business development
- Legal status of the object
At this stage, it is useful to use the service of legal analysis of a situation, which will help to assess the potential risks and benefits of the selected object from a legal point of view.
Checking the legal status of real estate
After selecting a potential commercial real estate property, it is important to conduct a thorough check of its legal status. This is a key stage that will help to avoid many problems in the future.
Key aspects to check:
- Availability of all necessary documents for the property
- No encumbrances and prohibitions on sale
- Compliance of the object with the declared purpose
- Availability of permits for commercial activities
To carry out such a check, we recommend using the service of a lawyer's review of documents. This will help to identify possible problems and assess the real state of the object from a legal point of view.
Negotiating and concluding a preliminary agreement
After successfully checking the legal status of the real estate, the stage of negotiations with the seller and the conclusion of a preliminary agreement comes. This stage requires special attention and legal support.
Key points of the preliminary agreement:
- Accurate description of the property
- Agreed price and payment terms
- Terms of the transaction
- Terms of termination of the contract
At this stage, a legal opinion of a lawyer can be very useful to help ensure the protection of your interests and avoid potential legal traps.
Question
Do foreigners need a permit to buy commercial real estate in Poland?
Answer
Yes, foreigners (citizens of countries outside the European Economic Area) usually require a special permit from the Ministry of the Interior and the Polish administration to purchase commercial real estate. However, there are exceptions, for example, if a foreigner resides in Poland on the basis of a permanent residence permit or has a long-term EU resident status. The process of obtaining such a permit can be quite complicated and time-consuming, so it is recommended to seek lawyer's consultation for detailed information and assistance in preparing the necessary documents.
Financial aspects of the transaction
The financial side of buying commercial real estate in Poland requires careful planning and consideration of all possible costs. This will help to avoid unexpected financial difficulties in the process of concluding the transaction.
Here are the main financial aspects:
- The cost of the property itself
- Taxes and fees
- Costs of paperwork
- Possible costs of repair or adaptation of the premises
For a detailed analysis of the financial aspects of the transaction, we recommend using the service of legal analysis of a situation. This will help you estimate all possible costs and develop an optimal financial strategy.
Obtaining the necessary permits
Depending on the type of commercial real estate and the planned use, it may be necessary to obtain additional permits or licenses. This is an important step to consider when planning your purchase.
Possible permits required:
- Permission to conduct a certain type of activity
- Environmental permits
- Permits for reconstruction or redevelopment
- Permits to change the purpose of the premises
To successfully complete this stage, it may be useful to hire a lawyer in Poland to help you understand all the necessary permits and procedures for obtaining them.
Conclusion of the main sale and purchase agreement
The conclusion of the main sale and purchase agreement is the culmination of the entire process of purchasing commercial real estate. This stage requires special attention and a professional approach.
Key aspects of the main contract:
Full description of the property
Agreed price and payment terms
Seller's guarantees regarding the absence of encumbrances
Terms of transfer of real estate
Before signing the main contract, it is strongly recommended to use the service of legal analysis of the documents. This will help to make sure that all the clauses of the contract are in line with your interests and the current legislation.
Registration of property rights
After signing the main sale and purchase agreement, you need to register your ownership of the commercial real estate. This is an important step that completes the purchase process and secures your rights as a new owner.
Stages of property registration:
- Submitting an application to the relevant registration authority
- Payment of the required fees
- Submitting all required documents
- Obtaining an extract from the real estate register
In order to successfully complete the registration process, it may be useful to hire a lawyer in Warsaw to help you prepare all the necessary documents and speed up the registration process.
Tax aspects
The acquisition of commercial real estate in Poland has certain tax implications that need to be taken into account when planning a transaction. Understanding these aspects will help to optimize the tax burden and avoid possible problems with the tax authorities.
The main taxes on the purchase of commercial real estate:
- Real estate purchase tax
- Value added tax (in certain cases)
- Real estate tax (paid annually)
- Rental income tax (if you plan to rent out real estate)
For a detailed analysis of tax aspects and development of an optimal strategy, it is recommended to use the service of lawyer's consultation. This will help minimize tax risks and optimize the financial side of the transaction.
What happens if you don't solve the problem? Ignoring legal aspects when buying commercial real estate in Poland can lead to serious consequences. This may include loss of investment due to undetected encumbrances on the property, problems with tax authorities, inability to use the property for its intended purpose due to lack of necessary permits, or even loss of ownership. That is why it is so important to approach the process of buying commercial real estate with due diligence and engage professional legal support at every stage.
Buying commercial real estate in Poland is a complex process that requires a careful approach and consideration of many legal aspects. From the selection of an object to the registration of ownership, each stage has its own peculiarities and potential risks. That is why it is so important to have reliable legal support throughout the process. Legal Marketplace CONSULTANT offers a wide range of services that can greatly facilitate the process of buying commercial real estate in Poland. Whether it is a legal analysis of the documents, a legal opinion, written consultation or a lawyer online service, qualified specialists are ready to provide you with the necessary assistance at every stage. Do not risk your investment - seek professional legal consultation and make the process of buying commercial real estate in Poland as safe and successful as possible.
