The real estate law practice of Kozłowski Śmigielska & Partners provides expert advice in all areas of this diverse sector of the economy.

We specialise in the legal handling of transactions associated with the acquisition of real estate: those carried out in a direct manner, those in the form of the acquisition of shares or stocks in special-purpose vehicles, those relating to land designated for investments or existing buildings, and for investments already underway. Our services include:

  • Conducting full legal due diligence of the acquisition subject, evaluating (and to the degree possible, addressing) possible risks;
  • Providing counsel on the shaping of transactions in respect to the effectiveness and safety of investment funds;
  • Assisting in negotiations and the conclusion of agreements (including preliminary and conditional agreements, as appropriate); and
  • Ensuring the verification of the tax terms of the transaction, as well as their implications.

We provide legal assistance for complete development projects, starting from the creation of a corporate structure for a given investment; through securing financing, acquisition of real estate, and the construction process; up to and including commercialisation. Our counsel covers both housing projects and investments including office buildings, retail space, warehouses, and infrastructure, each time taking into consideration the specific nature of the given investment. Services provided for this sector within our practice include:

  • Assistance to the investor in shaping the zoning terms and conditions for the property, obtaining a building permit, and all other administrative decisions of key importance for the investment process including, if necessary, representing the client in court proceedings;
  • The drafting or draft evaluation of contracts associated with the construction process, including contracts for a general contractor, investment substitutions, the performance of construction management and expertise, and if necessary, work on the basis of FIDIC and ICC models;
  • The preparation of contracts for design work and the supervising of architectural plans, drawing on the expertise of our intellectual property rights team; and
  • Ensuring the legal servicing of the commercialisation phase of an investment, in particular the rental and sale of the finished building or sale of apartments or housing, as well as accounting for legal provisions concerning consumer protection.

We provide legal services relating to the operations and management of real estate by drafting, negotiating, and supporting our clients in the execution of contracts for the use of property (including leased and rented property), as well as the management of real estate, utilities, and other services and activities related to the collection of receivables and disputes.

At the same time, our lawyers provide legal opinions and counsel concerning specific yet frequently problematic issues relating to real estate law, such as restitution claims (including so-called “decree” claims), perpetual usufruct, management of common property, easements, housing cooperatives, and new legal mortgage provisions.

Our interdisciplinary approach to issues relating to real estate law allows us to ensure the comprehensive handling of every type of project in this sector, maintaining the highest possible standards of advisory services regardless of the type or severity of existing legal problems.