Publication date: 09.09.2024
Renting commercial real estate in Poland: what Ukrainians should pay attention to
Leasing commercial real estate in Poland can be an important step for Ukrainian entrepreneurs seeking to expand their business abroad. However, this process requires a careful approach and consideration of many legal aspects. In this article, we will analyze the key points that Ukrainians should pay attention to when leasing commercial real estate in Poland.
Legal aspects of renting commercial real estate in Poland
Before you start searching for premises, it is important to understand the legal framework governing the lease of commercial real estate in Poland. The legal due diligence service will help you to understand the intricacies of Polish law and avoid potential problems.
Key legal aspects:
- Types of lease agreements
- Rights and obligations of the tenant and the landlord
- Terms of termination of the contract
- Possibilities of sublease
- Business registration rules for foreigners
The legal analysis of the documents service will help you to make sure that all the terms of the lease agreement are in line with your interests and current legislation.
Choosing the location and type of commercial real estate
Choosing the right location and type of real estate is critical to the success of your business. A lawyer's consultation service can help you evaluate the legal aspects of different options.
Factors to consider when choosing real estate:
- Zoning and permitted activities
- Accessibility to transportation
- Availability of parking
- Condition of the building and the need for repairs
- Opportunities for business expansion
The legal analysis service will help you assess the potential risks and benefits of each option.
Features of different types of commercial real estate
Different types of commercial real estate have their own characteristics that should be taken into account when choosing. The legal analysis service will help you understand the specifics of each type.
Types of commercial real estate and their features:
Office space: usually located in business centers, has high infrastructure requirements
Retail space: an important location with high traffic, special requirements for safety and sanitary standards
Warehouses: usually located outside the city, transport accessibility is important
Production facilities: specific requirements for communications and power supply
Hotel facilities: special requirements for planning and compliance with tourist standards
The document analysis service will help you check whether the selected property meets all the necessary requirements for your business.
Question
What documents do Ukrainians need to rent commercial real estate in Poland?
Answer
To lease commercial real estate in Poland, Ukrainians need to prepare a number of documents, including a passport, visa or residence card, proof of financial solvency, a business plan, as well as documents confirming the registration of a company in Poland (if any). In addition, you may need a certificate of no tax arrears and other documents, depending on the specific situation. The service of document verification by a lawyer is critical to ensure that all required documentation is complete and correct.
Financial aspects of commercial real estate lease
The financial side of commercial real estate lease in Poland may differ significantly from the Ukrainian practice. The service of legal opinion of a lawyer will help you to understand all the financial nuances.
Key financial aspects:
- Rent structure
- Additional expenses (utilities, insurance)
- Tax liabilities
- Deposits and guarantees
- Possibilities of rent indexation
The legal document review service will help you make sure that all financial terms are clearly spelled out in the lease agreement.
Technical aspects and condition of the property
When renting commercial real estate, it is important to pay attention to its technical condition and suitability for your business needs. The service of document analysis may include checking the technical documentation.
Technical aspects to be checked:
- Condition of engineering systems (electricity, water, heating)
- Compliance with fire safety regulations
- Availability of necessary permits and certificates
- Possibilities for redevelopment or renovation
- Energy efficiency of the building
The legal opinion service will help you assess whether the property meets all the necessary technical and legal requirements.
Negotiation and conclusion of the lease agreement
The process of negotiating and concluding a lease agreement requires special attention. The service of a lawyer in Poland can be indispensable at this stage.
Key points when concluding the contract:
- Lease term and terms of extension
- Distribution of responsibility for repairs and maintenance
- Terms of early termination of the contract
- Restrictions on the use of the premises
- Rights to make changes or improvements
The legal opinion service will help you protect your interests and avoid potential conflicts in the future.
Taxation peculiarities when renting commercial real estate
Taxation is an important aspect of renting commercial real estate in Poland. The online lawyer service can help you understand your tax obligations.
The main taxes related to the lease of commercial real estate are:
Value added tax (VAT)
Real estate tax
Tax on rental income
Corporate income tax
Tax on civil law transactions
The legal analysis service will help you optimize your tax expenses and avoid violations of tax legislation.
Question
What are the main differences between leasing commercial real estate in Ukraine and Poland?
Answer
The main differences between leasing commercial real estate in Ukraine and Poland include differences in the legal framework, rent structure, tax liabilities and procedures for registering lease agreements. Poland generally has stricter requirements for the technical condition of premises and energy efficiency. In addition, long-term leases with the possibility of rent indexation are often practiced in Poland. The legal due diligence service will help you understand these differences and adapt to Polish realities.
Adapting your business to Polish conditions
Renting commercial real estate is only the first step in doing business in Poland. It is also important to adapt your business to local conditions and requirements. A lawyer in Warsaw can help you with this process.
Aspects of business adaptation:
- Company registration and obtaining necessary permits
- Compliance with labor laws and regulations
- Fulfillment of tax obligations
- Compliance with quality and safety standards
- Marketing and advertising in accordance with local regulations
The service will help you develop a strategy for the successful adaptation of your business to the Polish market.
Dispute resolution and legal defense
Even with the most thorough preparation, disputes or conflicts may arise. It is important to know your rights and options for defense. The online lawyer service can provide quick legal support in case of problems.
Possible dispute scenarios:
- Failure to fulfill the terms of the contract by the landlord
- Delays in payments
- Damage to the property
- Early termination of the contract
- Disputes regarding the return of the deposit
The service of a legal opinion of a lawyer will help you understand your rights and options in case of conflict situations.
Peculiarities of commercial real estate lease in different regions of Poland
It is important to understand that the terms of commercial real estate lease may differ depending on the region of Poland. The written consultation service can provide you with detailed information about the specifics of a particular region.
Regional peculiarities of renting:
Warsaw: highest prices, but also the greatest business potential
Krakow: popular with IT companies, high demand for office space
Wroclaw: developed industrial sector, attractive prices for warehouse space
Gdańsk: a growing market, especially in logistics and maritime transportation
Poznan: strategic location for distribution, well-developed infrastructure
The service of a lawyer will help you choose the best region for your business and take into account all local peculiarities.
Renting commercial real estate in Poland can open up new opportunities for Ukrainian entrepreneurs, but it also involves certain risks and challenges. Ignoring the legal aspects can lead to serious financial losses, problems with local authorities, or even loss of business. That is why it is crucial to seek professional legal consultation at all stages of the process of renting and doing business in Poland. Legal marketplace CONSULTANT offers a wide range of services, from online lawyer service to written consultation service, which will help you successfully overcome all legal challenges and ensure stable development of your business in the Polish market. Do not risk your investments and the future of your business - entrust legal issues to professionals and make your entry into the Polish commercial real estate market successful and safe.
