Category: News

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.

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.”

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:

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

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

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.

Let us wish you prosperity and fulfillment in the New Year! We would also like to thank everyone who entrusted their affairs to our law firm in 2022. We are grateful for the trust and all the kind remarks we have received from our clients.
May the year 2023 not only be better than the previous one, but above all allow us all to realize our goals and plans.

We wish you to spend this Christmas exactly the way you feel you need to spend it and what will bring you the most joy and satisfaction. Merry Christmas!