Publication date: 26.08.2024
Acquiring commercial real estate in Poland is a complex process that requires a careful approach and in-depth knowledge of local legislation. For a successful transaction, it is important to enlist the support of a qualified lawyer who will help you conduct a legal analysis of the situation and avoid potential risks. Let's take a look at the main aspects to consider when buying commercial real estate in Poland and how legal assistance can significantly facilitate this process.
Selecting a property and checking documents
The first step in purchasing commercial real estate is to choose a suitable property. Once you have found a potentially interesting offer, you should have the documents thoroughly reviewed by a lawyer. This will allow you to identify possible problems with property rights, encumbrances or restrictions on the use of real estate.
Key aspects of the check:
- Verification of property rights and absence of arrests.
- Analysis of technical documentation and construction permits.
- Study of lease agreements, if the object is leased.
- Checking the compliance of the intended purpose with your plans.
Conducting a legal analysis of documents will help you avoid unpleasant surprises in the future and ensure the legal purity of the transaction.
Question
Do I have to go to Poland in person to buy commercial real estate?
Answer
It is not necessary. Many stages of the transaction can be carried out remotely by contacting a lawyer online. However, to sign the final documents and inspect the property, it is advisable to be present in person or to issue a notarized power of attorney for a representative in Poland.
Negotiating and concluding a preliminary agreement
After you have decided on the property and conducted an initial inspection, the stage of negotiations with the seller comes. At this stage, it is important to engage a lawyer to conduct a legal analysis of the situation and protect your interests. A legal analysis of the terms of the transaction will help you avoid unfavorable provisions and ensure maximum protection of your rights.
Key points at the negotiation stage:
- Determining the price and payment terms
- Negotiating the terms of the real estate transfer
- Distribution of costs for the transaction
- Establishing guarantees and liability of the parties
Written legal advice on the terms of the preliminary agreement will help you understand all the legal nuances and make an informed decision.
Financial aspects and taxation
Acquisition of commercial real estate in Poland involves various financial aspects and tax obligations. A legal opinion on the financial side of the transaction will help you optimize costs and avoid violations of tax laws.
Main financial aspects:
- Estimation of the real estate value and the possibility of its financing.
- Calculation of taxes and fees related to the acquisition.
- Analysis of tax optimization opportunities.
- Checking for debts for utilities.
A tax lawyer's advice will help you develop an optimal transaction financing strategy and avoid unforeseen expenses.
Finalization of the final sale and purchase agreement
The final stage of purchasing commercial real estate is signing the final sale and purchase agreement. This document should be drafted taking into account all the legal intricacies and peculiarities of Polish law. a legal opinion on the draft agreement will help you to make sure that all your rights and interests are properly protected.
Key aspects of the final contract:
- Accurate description of the real estate object and its characteristics
- Clear definition of the price and payment procedure
- Terms of transfer of the real estate and necessary documentation
- Seller's warranties regarding the absence of encumbrances and third-party claims
Legal analysis of documents related to the finalization of the transaction will help you avoid risks and ensure the legality of the entire procedure.
Question
What are the main risks that may arise when buying commercial real estate in Poland?
Answer
The main risks include: hidden encumbrances on real estate, inconsistency of the object with the declared characteristics, problems with documentation, violations of the purchase and sale procedure, which may lead to the invalidation of the transaction. A legal opinion from a lawyer will help identify and minimize these risks.
Registration of ownership and post-sale procedures
After signing the sale and purchase agreement, it is necessary to register the ownership of commercial real estate with the relevant Polish authorities. This process requires the preparation and submission of a number of documents and may also include additional procedures, such as obtaining permits or licenses for certain types of activities.
The main stages of registration and post-sale procedures are:
- Submission of an application for registration of ownership to the relevant court.
- Obtaining an extract from the real estate register.
- Renewal of utility contracts.
- Obtaining real estate insurance.
A legal analysis of the situation at this stage will help you to properly prepare all the necessary documents and avoid delays in the registration process. A lawyer in Poland can represent your interests in state authorities and ensure a quick resolution of any issues that arise.
Preparation and submission of documents for registration
Representation of interests in state authorities
Advice on obtaining necessary permits and licenses
Assistance in resolving disputes, if any
Legal analysis of all post-sale procedures will provide you with peace of mind and confidence in the legality of ownership of the purchased commercial real estate.
Acquisition of commercial real estate in Poland is a complex process that requires in-depth knowledge of local legislation and a thorough approach to each stage of the transaction. Engaging a qualified lawyer to conduct legal analysis of documents, advise on taxation and represent your interests is a key factor in a successful and safe purchase. An online lawyer or a lawyer in Warsaw can provide you with comprehensive support, from the selection of the object to the registration of ownership. Remember that investing in legal support of a transaction is an investment in your safety and peace of mind. To get professional legal assistance when purchasing commercial real estate in Poland, we recommend that you contact the legal marketplace KONSULTANT, where you can find experienced professionals who are ready to provide you with a full range of necessary services and ensure the successful completion of your transaction.
