Publication date: 19.07.2024
Vitaliy Kolomiets is an experienced lawyer specializing in assisting with obtaining residence permits and residence cards in Poland. He has in-depth knowledge of Polish law and many years of experience in migration matters. He has over 5 years of experience.
How to start a construction company in Poland?
In the Polish business sector, construction remains a promising industry. This is due to the country's development direction: Poland is growing and expanding. Foreign investments are actively engaged in construction. There is room for ambitious projects here. Additionally, Poland is a member of the European Union, which opens up almost unlimited sales opportunities.
For Ukrainians, starting a construction business in Poland is not difficult: the process is not burdensome and accessible to foreigners. So, how to start a construction company in Poland and where to begin?
Trends and opportunities in the construction industry in Poland
The construction industry in Poland is divided into two branches:
- Performing specific construction works as a subcontractor.
- Independently implementing construction projects.
The first case is the most common. The reason for this is the relatively easy organization. To perform subcontracting works, you need to establish a company in Poland, organize personnel, ensure medical examinations and health and safety training, sign a contract for the performance of works, and proceed to execute orders.
In the case of independently implementing construction projects, the process is different. The established company must perform the duties provided in the status of the client or developer. To continue the implementation of the construction project, it is necessary to have rights to a specific plot of land. The right to the land may be based on ownership ("najm") or the right to paid use ("dzierzawa").
Separate legal regulations apply to foreigners. For this purpose, the Act "On the acquisition of real estate by foreigners" dated 24.03.1920 is used. Each foreigner's application is thoroughly examined by the Ministry of the Interior of Poland to ensure it does not pose a threat to public order, defense, national security, etc.
How to start a construction company: 6 important stages
Let's consider the case when you start your business in Poland from scratch or want to transfer your business to Europe. First of all, you need to register the company in the Republic of Poland.
Registration of business activity
The first step is to register the company with the appropriate types of activities. A total of up to ten PKD codes can be selected. You must also indicate the company's registered address: this is where correspondence will be sent. Among the forms of business activity, a limited liability company with a share capital of at least 5,000 PLN is often chosen.
The main elements when registering a company:
- preparation of the statute and share capital;
- application for business registration;
- REGON number;
- bank account in the company's name;
- registration with the State Treasury;
- tax number NIP;
- registration of the company as a VAT taxpayer;
- company insurance;
- company stamp.
It is important to comply with all the regulations of the Republic of Poland. Violating the law or losing the legal basis for staying in Poland will result in the company's removal from the register.
Opening a bank account
We have already partially mentioned this. After the legal registration of the business, you need to open an account in a Polish bank. There are no restrictions for entrepreneurs here. Choose a convenient bank: consider the amount of commission, cooperation conditions, etc.
What is needed to open an account:
- physical presence;
- extract from KRS;
- company's statute (company agreement) with signatures of all board members;
- valid foreign passport and PESEL;
- phone number to receive SMS.
However, the account is opened by one of the board members, and the key to the account also belongs to this person. Access cannot be shared with all co-founders. If you share the password with them but access is constantly realized from different locations, the system may block entry.
Accounting
You also need to sign an agreement with an accountant who will handle accounting. Another option is to conclude an agreement with an accounting firm for outsourcing. Then you need to submit documents to obtain the status of VAT taxpayers.
The cost of accounting services often depends on the number of invoices in the company per month. The number of employees can also influence this: a monthly service fee is established for each employee.
Employment and employee formalities
Now proceed to find employees. If they are Ukrainians or other foreigners, they must obtain a work permit. Typically, the wages of migrant workers are lower than those of Poles. This helps to reduce company costs.
Obtaining permits
For Ukrainians, a statement is often used, which allows the worker to stay in the country for 180 days a year. They can also use a type A work permit for long-term work.
Employees are often found through intermediary companies. These are responsible for employee formalities and their legal stay in Poland. Remember that the process of obtaining permits is long. It usually takes from 2 to 6 months.
Employment contracts
An employment contract or work contract is the basic form of organizing relations with an employee. Only in this case do the provisions of the Polish Labor Code apply to the employee and employer. In some cases, civil law contracts (contract of mandate) or work contracts (contract for specific work) are concluded. Which form of relationship organization is suitable for your company depends on the specifics of the tasks.
After concluding the contract, the employee must undergo a medical examination and health and safety training. This is also mandatory when hiring in a Polish company. The company does not need a license. But you will have to obtain approval from local governing bodies.
Delegating matters
Opening a construction company in Poland is a relatively easy process. But for a novice, it can be difficult due to unfamiliar terminology and new jurisdiction. You can handle every detail yourself, but you can also seek the help of a lawyer. Finding a specialist is possible on the consultant.net.pl website.
Delegating some matters to highly specialized professionals will improve your work. This way, you will not miss any detail: even the lack of one document can spoil your previous work.
So, when opening your construction business in Poland, do not hesitate to seek legal assistance. This will allow you to quickly and according to the developed plan achieve the desired result.
