The 6th Polish Planning and Zoning Law Congress begins today. This is a two-day and tomorrow at 14:00, partner of our Law Firm, attorney-at-law Lidia Blaszka, will share her knowledge with you on the subject of internal roads in the zoning plan. Everyone is welcome to attend!
The Public Procurement Office has published answers in due to numerous inquiries regarding the Act on Specific Solutions to Counteract Supporting Aggression against Ukraine and to Protect National Security (Journal of Laws 2022, item 835), as well as Regulation (EU) 2022/576 amending Regulation (EU) No. 833/2014 concerning restrictive measures in connection with Russia’s actions destabilizing the situation in Ukraine. Amendments to raised issues were also announced.
Dear Clients! On May 2-3 our Law Office will be closed. We will be back to you after the long weekend. Happy Holidays!
On April 14, the Law of April 8, 2022 amending the Law on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine and some other laws was published in the Journal of Laws of the Republic of Poland. Article 20 repeals the so-called covid eviction ban, which was a hassle for many landlords. The law has already entered into force.
Warm wishes on Easter to all our customers and their families. May this pious day bring along positive energies and great joys in your life.
Please be advised that the Ordinance of the Minister of Finance dated March 29, 2022 on the extension of the deadline for submission of information on real estate companies has extended the deadline for submission of information on the shareholding structure of real estate companies to September 30, 2022. This deadline already applies to the submission by real estate companies, personal income taxpayers and corporate income taxpayers of the information referred to in Article 45 (3f) of the Personal Income Tax Act of 26 July 1991 and in Article 27 (1e) of the Corporate Income Tax Act of 15 February 1992 – concerning real estate companies whose tax year or financial year ended between 31 December 2021 to 31 May 2022.This information relates to the reporting to the Head of the National Tax Administration of data concerning the holding of rights in a real estate company.
We invite you to read 12th issue of Construction Law (MUST READ MEDIA Publishing House), in which the partner of the firm Attorney at Law Lidia Blaszka presents the principle of proportionality in spatial planning. The article is in Polish.
A new edition of the Estate magazine has just appeared. In it attorney-at-law Lidia Blaszka, a partner in our law office, shares with you her knowledge about the procedure of plot division. Her article explains the procedure and consequences of dividing plots without access to a public road. The article is in Polish. We invite you to read it.
The law on assistance to Ukrainian citizens in regard to an armed conflict in the territory of that country, adopted on March 12, defines the rights of Ukrainian citizens who came to the territory of the Republic of Poland after 24th of February 2022 due to armed conflict in Ukraine.
First of all, it should be borne in mind that the regulations of the above-mentioned act replace the general provisions on assistance to foreigners under temporary protection on the basis of the decision of the Council of the European Union of March 7, 2022 stating the existence of a mass influx of displaced persons from Ukraine within the meaning of Art. 5 of Council Directive 2001/55 / EC of 20 July 2001 and resulting in the introduction of temporary protection as regards citizens of Ukraine. The polish special aid act does not apply to other foreigners who flee the conflict area. For some of these people, the relevant provisions will be those contained in the decision of the EU Council. The standards contained in the Council’s decision will apply to third-country nationals who had a long-term residence permit in Ukraine and who came to the territory of the Republic of Poland in connection with the war, as well as to third-country nationals who cannot return to their country of origin. The decision also covers family members of third-country nationals. It should be noted that third-country nationals who were staying in Ukraine at the time of the outbreak of the war for a short time, e.g. on the basis of a tourist visa, etc., will not be able to take advantage neither of the provisions of the Polish special act nor of the decision of the Council to legalize their stay in the territory of the Republic of Poland.
The special assistance act applies to Ukrainian citizens and their spouses, regardless of their citizenship. This is a restriction in relation to the decision of the EU Council, which orders that all members of the immediate family should be treated like Ukrainian citizens. Pursuant to the Polish special act, the cohabitant of a Ukrainian citizen will not be covered by it, however the provisions of the Council’s decision will apply to such a situation. The special assistance act applies only to Ukrainian citizens who entered the territory of the Republic of Poland after February 24, 2022. It does not apply to persons already residing in Poland in the scope of legalization of stay. Citizens of Ukraine who stay in Poland legally, and whose period of validity of a visa or temporary stay would end after February 24, 2022, receive an automatic extension of their legal stay by 18 months. One should have in mind, that no new documents will be issued in regard to automatic extension.
Citizens of Ukraine have been granted the right to stay in the territory of the Republic of Poland for a period of 18 months, from February 24, 2022. After this period, these persons will be able to apply for a temporary stay up to 3 years.
In order to be able to use benefits such as health care or 500+, Ukrainian citizens will have the right to apply to the commune office for a PESEL number. In the case of minors, the application will be submitted by legal guardians, parents or persons who actually care for them.
The scope of assistance for war refugees coordinated by the Voivode will include:
– providing all-day collective meals,
– providing transport and journeys to places of accommodation,
– provision of cleaning and personal hygiene products and other products.
The Act does not specify in detail the scope of assistance to be provided under the above-mentioned points. The voivode may entrust the performance of tasks to local government units or social organizations. Purchases of goods and services in connection with the implementation of the above-mentioned tasks may take place without the provisions of the Public Procurement Law.
Natural persons and other entities may be granted a cash benefit if they provide accommodation and food for war refugees. The cash benefit will be paid upon request and will last for 60 days, with the possibility of an exceptional extension.
Ukrainian citizens will be able to work during their legal stay, the only requirement is notification by the entity entrusting the work to the local labor office within 14 days from the date of commencement of work that the work has been entrusted. The unemployment benefit will be granted on the same terms as Polish citizens. Additionally, citizens of Ukraine will be able to set up and run a business on the same terms as Polish citizens, provided that they obtain a PESEL number in advance.
Other benefits granted to Ukrainian citizens on the basis of the special act:
– the right to family benefits,
– state aid in bringing up children – only if the children are also in the territory of the Republic of Poland,
– good start benefits – only if the children are also in the territory of the Republic of Poland,
– family caring capital, only if the children are also located in the territory of the Republic of Poland,
– co-financing the reduction of the parent’s fee for the child’s stay in a nursery, children’s club or with a day carer, only if the children are also located in the territory of the Republic of Poland,
– the right to medical care.
Direct financial aid in the amount of PLN 300.00 will be granted to every citizen of Ukraine who receives a PESEL number. The aid will be paid by communes.
In days the Law of March 9, 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of the country will enter into force. Government is trying to encourage citizens to rent and lend property to citizens of Ukraine.
Thus, new regulations have been introduced, including provisions on lending of real estate. It is important to note that the characteristic feature of lending is the use only free of charge.
The new regulations apply to lending agreements concluded with:
– Ukrainian citizens who came to the territory of the Republic of Poland directly from the territory of Ukraine in connection with military operations conducted on the territory of that country,
– citizens of Ukraine possessing the Card of the Pole, who came to the territory of the Republic of Poland together with their closest family members because of those military actions,
– spouses of Ukrainian citizens who do not have Ukrainian citizenship, if they came to Poland directly from the territory of Ukraine in connection with military operations carried out in the territory of this country.
The law provides that:
– in the case of lending/renting to a citizen of Ukraine (or the aforementioned members of their families) of a building or a part thereof for the purpose of temporary satisfaction of housing needs, the provisions of the Act of 21 June 2001 on the protection of tenants’ rights, the housing resource of the municipality and the amendment to the Civil Code (Dz. U. of 2022, item 172) and Art. 15zzu sec. 1 of the Act of March 2, 2020 on special solutions connected with preventing and combating COVID19, other infectious diseases and crisis situations caused by them (Dz. U. of 2021, item 2095, as amended) do not apply in the scope of this lending. This means that if the lending agreement is terminated (e.g. by the expiry of the period for which it was concluded) it is necessary to conduct court eviction proceedings but after the court proceedings, there will be no restrictions on eviction, such as in particular the right to conclude a social lease agreement.
Granting an entitlement to social housing in a judgment (e.g. to a minor) usually “blocks” an eviction due to the lack of social housing in municipalities.
However, the legislator wants to encourage Polish citizens to lend premises to Ukrainian citizens in need without fear of excessive difficulties in obtaining them.
The legislator excluded the provisions of the so-called “covidova act” (of March 2, 2020, on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them), which means that even in the period of epidemic danger and epidemics, it will be possible to carry out evictions.
Importantly, provision has been made for the possibility of granting the benefit to any entity – in particular, a natural person running a household, which will provide accommodation and food to citizens of Ukraine. The monetary benefit on this account may be granted on the basis of an agreement concluded with the municipality for no longer than 60 days. The period of payment of the benefit may be extended in particularly justified cases. Details are to be determined by the Council of Ministers by decree.