Assistance in the field of construction law
Our Legal Office offers specialised legal assistance in the field of construction law and related administrative proceedings. We successfully assist our Clients in carrying out the investment (construction) process regardless of its stage. We also effectively represent them in administrative and court-administrative proceedings or in disputes with adjacent property owners.
We provide full legal support in the field of construction law, including drafting agreements (e.g. on construction works, developer agreements), legal opinions, applications, petitions, complaints, as well as letters in the course of administrative and administrative court proceedings.
As part of the services covering construction law, provided by our firm’s construction law specialists – lawyers (legal advisors) with extensive experience in providing legal assistance to both large companies, the SME sector, administrative authorities and natural persons. Our Legal Office provides comprehensive care to all participants of the construction process, starting at the early stages of negotiating and concluding contractual terms, taking into account cost optimisation of the given investment.
- Our legal assistance in the field of construction law is addressed in particular to: private and public investors, struggling with the issues arising during the formalities required to obtain a building permit,
- design companies (offices) and designers – conducting their business activities in the field of construction law;
- construction companies and those related to the construction process, providing full legal support in their business activities, with respect to the characteristics of the widely understood Construction law (Act of 7 July 1994 Construction Law (Journal of Laws 1994 No. 89, item 414) and related regulations, including:
- General building contractors,
- Developers,
- contractor consortiums,
- subcontractors,
- industry-specific contractors,
- material suppliers
- construction managers,
- surveyors,
- supervision inspectors,
- Natural persons – to maintain their rights in relations with public administration authorities and other entities.
CONSTRUCTION LAW
Development conditions/local plan:
- Assistance with the process of obtaining development conditions (design concept, utilities, environmental decision, etc.);
- complaints for the inactivity of administrative authorities;
- as part of the procedure for amending the local spatial development plan and the study of conditions and directions for spatial development,
- participation in mediations between parties
- in matters relating to geodesy and cartography
- participation in mediations between parties in geodesy and cartography cases, compensation cases related to the entry into force of the local spatial development plan,
BUILDING PERMIT
- in the procedure for issuing a building permit,
- in matters relating to the construction process (construction implementation, disputes arising from contracts with investors, developers, designers and contractors),
- We advise and analyse the Specifications of Essential Order Conditions in public procurement.
ACQUISITION / DISPOSAL OF REAL ESTATE / RIGHT TO REAL ESTATE
- In terms of concluding and executing developer agreements,
- damages under the development agreement
- in matters regarding perpetual usufruct of real estate,
- in real estate purchase and sale transactions,
- in matters regarding abolition of joint ownership as well as merger and division of the real estate,
ILLEGAL BUILDING
- Legal assistance in the legalisation procedure (legalisation of illegal building of a building object);
- support during construction supervision inspector inspections;
- Full administrative support together with cooperating architects;
- illegal building on behalf of the neighbour or investor.
ADMINISTRATIVE PROCEEDINGS
We represent Clients before courts and public administration authorities.
- In proceedings before construction supervision authorities,
- appeals against administrative decisions, including
- appeals against decisions on outline planning and spatial development;
- Refusal to grant a planning permission; appeal;
- Appeal against the building permit;
- refusal to issue a construction permit – appeal;
- complaints about inaction of administrative bodies;
- location decisions, environmental decisions, utilities, exits to the plot and others;
- in all court and administrative proceedings concerning real estate, including preparation of motions, appeals against decisions issued by first instance authorities, complaints to the Provincial Administrative Court and cassation complaints to the Supreme Administrative Court,
- we represent clients in administrative proceedings before architectural and construction administration bodies as well as before construction supervision bodies and in proceedings before administrative courts, including the Supreme Administrative Court.
The Legal Office offers specialised legal assistance in the field of real estate law
As part of the services offered by our Legal Office, covering the widely understood real estate law, the services are provided by specialists – lawyers (legal advisors) with extensive experience in legal assistance to local government authorities and natural persons. The knowledge and specialist experience of our associates enable us to advise also on non-standard real estate problems.
We carry out analyses and factual-legal verifications concerning real estates and regulate their legal status.
Our Legal Office cooperates with notaries, tax advisors, surveyors and licensed real estate agents and managers.
THE LEGAL OFFICE OFFERS LEGAL ASSISTANCE IN THE AREA OF REAL ESTATE LAW IN PARTICULAR:
- analysis of the real estate’s legal status initiating and participating in land and mortgage register proceedings (entries / deletions from land and mortgage registers),
- consulting regarding the process of selling/purchasing real estate safely,
- legal assistance in matters relating to relations between real estate co-owners of real, including cases concerning the abolition of existing co-ownership
- counselling and representation in matters of contractual relations resulting from rental, lease and lending agreements,
- representation in cases of acquisitive prescription or easement,
- legal assistance in establishing land easements and active and participation in cases related to transmission easements,
- advice and representation in matters relating to the right of perpetual usufruct (purchase / sale, transformation, update of the annual fee),
- participation in administrative proceedings regarding the expropriation of real estate and its compensation, as well as in proceedings related to the return of expropriated real estate or the annulment of administrative decisions regarding the given real estate,
- participation in proceedings related to land surveying divisions of real estate, including partial takeover of real estate for public roads and adiacent fees,
- representation in matters related to compensation related to the adoption of local spatial development plans or matters related to planning fees,
- legal assistance in matters of seeking compensation from the commune for failure to deliver social housing
The Law Office represents its Clients in real estate matters before public administration authorities, civil courts and administrative courts of all instances.
Staniszewski & Partners
