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The Law of July 13, 2023 on Special Solutions for Regulating the Status of Certain Public Roads enters into force.

On September 13, the Law of July 13, 2023 on Special Solutions for Regulating the Status of Certain Public Roads enters into force.

The law allows municipalities to acquire property on which public roads are located, subject to the following conditions, among others:

1) the municipality must have possessed the road for a minimum of 20 years on the effective date of the law,

2) the road must be paved and used as a public road of local importance,

3) not classified as public roads,

4) vehicle and pedestrian traffic is carried out on it,

5) they supplement the network of roads serving local needs,

6) functionally should be similar to public roads,

7) should be connected to public roads,

8) must be used by an unspecified number of users.

The administrative decision is issued by the district governor and applications for their acquisition can be submitted until December 31, 2035.

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On July 1, amendments to the Code of Civil Procedure went into effect.

The first sweeping change provided for by the amendment is a change regarding the value of the subject matter of the dispute in cases decided by district courts.

Prior to the amendment, Article 17 indicated, among other things, that the jurisdiction of district courts included cases: for property rights, where the value of the subject of the dispute exceeds seventy-five thousand zlotys, with the exception of cases for alimony, for violation of possession, for the establishment of property separation between spouses, for reconciliation of the content of the land and mortgage register with the actual legal status, and cases heard in electronic writ of payment proceedings.

As of July 1:

– the jurisdiction of district courts includes cases of property rights whose value exceeds one hundred thousand zlotys,

– additionally, cases for reconciliation of the content of the land and mortgage register with the actual legal state – which will thus go to the district court – have been removed from the exclusions.

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Since the Wielkopolska Voivode declared the landscape law invalid in February 2023, at a session on July 11, the Poznań City Council approved a new law on the principles and conditions for the location of small architectural objects, billboards and advertising devices and fences on the territory of Poznań.

We invite you to read the new law:

https://lnkd.in/dnjxTBnq

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The Sejm has passed an amendment to the Law on Spatial Planning and Development.

The amendment introduces, in particular, among other things:

  • replacement of the study of land use conditions and directions with a general plan,
  • a time limit for zoning decisions of 5 years,
  • urban planning register.
    We will keep you informed of the further developments of the amendment.
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Constitutional Court judgment, concerning municipal register of historical monuments.

In a judgment dated May 11, 2023 (ref. P 12/18), the Constitutional Court ruled, among other things, that:

Article 22(5)(3) of the Act of July 23, 2003 on the protection and care of historical monuments (Journal of Laws of 2022, item 840), to the extent that it restricts the right of ownership of real estate by allowing real estate to be included as a monument in the communal  register of monuments, without providing the owner with a guarantee of legal protection against such restriction, is inconsistent with Article 64(1) and (2) in connection with Article 31(3) of the Constitution of the Republic of Poland.

The verdict means that the legislator should modify the regulation concerning, in particular, the procedure for creating a communal register of monuments, so as to give property owners the opportunity to challenge an entry in the register.

The justification states that: “The inclusion of real estate in the communal register of historical monuments causes significant restrictions, in particular with regard to the exercise of the right of ownership (ius utendi) involving the obligation to agree with the provincial conservator of historical monuments on decisions on determining the location of a public purpose investment, decisions on development conditions, decisions on construction permits, decisions on demolition permits and decisions on the approval of a construction project (cf. Act of March 27, 2003 on spatial planning and development [Journal of Laws of 2022, item 503, as amended] and Act of July 7, 1994. – Construction Law [Journal of Laws of 2023, item 682, as amended]). (…) Article 22(5)(3) of the Law on the Protection of Monuments, as interpreted by the courts, is not necessary for the protection of the public interest, and its effects are not in acceptable proportion to the burdens imposed on property owners.

The weakening of property protection, by excluding the owner’s participation in the proceedings resulting in the entry of real estate in the municipal register of monuments, does not serve any constitutionally legitimate values.”

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Being prepared for negotiations is important.

Being prepared for negotiations is important.

The more experienced the negotiator, the more time he or she spends preparing for negotiations. About:

– what to prepare before negotiations,

– why the negotiation agenda is important,

– whether being single in negotiations is worth it,

– what BATNA is,

– how to negotiate in good style.

You will read about this in an article by a parnter of our law firm legal counsel Jakub Stempski, which was created in cooperation with Wolters Kluver:

Article is in Polish:

https://www.wolterskluwer.com/pl-pl/expert-insights/sztuka-negocjacji-prawniczych

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They also arrived at our office. Enjoy a delicious Fat Thursday to all of you!

They also arrived at our office. Enjoy a delicious Fat Thursday to all of you!

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When is it possible to obtain a zoning decision?

Partner of our law firm attorney Lidia Blaszka-Griffin talks about the basic conditions for issuing a zoning decision in the latest video. The video is in English. We encourage you to watch it!

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Development Ministry announces fight against “pathological housing development”.

The Ministry of Development has published a statement announcing changes to the regulation on technical conditions to be met by buildings and their location, as well as to the construction law. In the press release, the Ministry states, among other things, that:

– “The Polish Economic Institute, in its report “Socio-Economic Effects of Spatial Chaos,” calculated that the total annual cost of spatial chaos in Poland is PLN 84.3 billion. The annual cost of spatial chaos per Polish resident is as much as PLN 2.2 thousand.”

– The Ministry proposes to increase the minimum distance of multifamily buildings from the border of the plot to 6 meters.

– “There will have to be a minimum of 4 meters between balconies on a separate balcony slab, and in the case of a shorter distance or balconies on a single slab, it will be necessary to use partitions of sufficient thickness and height.”

– The Ministry also wants to increase the minimum area of commercial units to 25 meters – the same as the minimum area of a residential unit.

– “Increasing the sunlight exposure for residential rooms to 3.5h (except for rooms located in downtown developments).”

– Changes are to be made in the development of playgrounds, their surface and equipment.

– Increase in public squares and plazas the biologically active area to 20%.

– Introducing gaps between areas that allow the neighborhood to be circumvented in a reasonable amount of time.

For detailed information on the proposed changes, please read the Ministry of Development’s statement. The statement is in Polish.

https://www.gov.pl/web/rozwoj-technologia/przyjaznemiejsce-czyli-mieszkac-po-ludzku-porzadkujemy-zasady

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We are pleased to announce that a partner of our law firm, attorney at law Lidia Blaszka-Griffin, received has recieved an award which we are all proud of.  On December 16, 2022, Mr. Henryk Kuligowski, dean of the District Chamber of Legal Advisors, awarded a silver badge of “Merit for the Self-Government of Legal Advisors” to Lidia Blaszka-Griffin.

We are pleased to announce that a partner of our law firm, attorney at law Lidia Blaszka-Griffin, received has recieved an award which we are all proud of.  On December 16, 2022, Mr. Henryk Kuligowski, dean of the District Chamber of Legal Advisors, awarded a silver badge of “Merit for the Self-Government of Legal Advisors” to Lidia Blaszka-Griffin.