Legal services for developers
A development investment is a large enterprise not only from the financial, but also organizational and legal perspective. Our firm has been supporting entrepreneurs for many years – those who only begin to operate in the property development sector as well as entities with an established position on the market. We provide comprehensive legal advice at every stage of a development investment (planning – preparation – implementation – settlement – sale).
We support investors who want to allocate their capital in property development throughout their journey: from designing an appropriate capital structure, through a due diligence investigation of the selected real estate, purchasing the land and signing an agreement with the contractors, to concluding development agreements with purchasers and transfer of ownership agreements. If your business entity has operated in property investment for years we can help you with verifying your capital structure. We also provide assistance in any disputes with contractors, including pursuing claims under the statutory warranty or warranty, and extensive support in relations with buyers, often consumers.
In recent years the legislator and the Office of Competition and Consumer Protection (UOKiK) have been increasingly active. Keeping track of the legislative changes and new decisions made by the Office requires plenty of time that developers would rather devote to their core activity, i.e. investment. Therefore, today’s developer needs not only a reliable specialist in construction work but also a lawyer who keeps abreast of the current events.
With this in mind, we do our best to keep in close touch with the development industry. Members of our team are invited as speakers at training courses for development companies throughout the country. We support the Poznań Association of Developers, regularly train developers, and keep up with current topics, such as the impact of coronavirus on concluded contracts.
Whether you are just starting your property development business or have been running it for years, we may help you in the following areas:
Determining the optimal corporate and capital structure
- advice on choosing the optimal model of running a business, arranging relationships between partners and making decisions, including the preparation of founding acts and registration in the National Court Register
- advice on the business capital structure in terms of liability for the company's obligations and the method of supplying real estate or investment capital to the company, including tax consulting
Audit and land purchase
- real estate legal audit – analysis of the records of property ownership, verification and cleaning of the land and mortgage register (old entries, outdated claims and mortgages), easements
- analysis of real estate purchase agreements for the planned investment
Preparation of the investment
- change in the use of the property
- support in the process of changing the local zoning plan (MPZP)
- assistance in obtaining a decision excluding land from agricultural or forestry production
- obtaining a decision on the conditions of building and site development (WZ), building , demolition, and network construction permits
- obtaining an environmental permit
- preparation of contracts for design services, for the supervision of construction works, for construction works – including contracts with the general contractor – for investment preparation and investment replacement,
- assistance in current managing of a construction contract,
- legal support in the acceptance of works and settlements with the contractors,
- representing the client in court and out-of-court disputes between investors and contractors for construction works (including joint and several liability of the investor for the payment of remuneration to subcontractors)
Sale of premises
- preparation of reservation, preliminary and development contracts, transfer of ownership agreements,
- advice on real estate trading, in particular providing legal assistance in concluding contracts (preliminary / final)
- legal advice on buyers' claims related to building defects
- statutory warranty / warranty